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Chicago, Brookfield, Aurora, Evanston, and Joliet, Illinois, and the Surrounding Areas
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Bare Metal Maintenance Terms and Conditions

By engaging Bare Metal Maintenance to provide any services or materials all Customers agree to be bound by and accept these Terms and Conditions.

Scope of Terms and Conditions. These Terms and Conditions (hereinafter referred to as “Terms and Conditions.”) are part of the contract documents for any transaction between Bare Metal Maintenanance (hereinafter referred to as “BMM”) and any customer to which BMM provides any services or materials (hereinafter referred to as “Customer”). (BMM and Customer sometimes are collectively referred to herein as the “Parties” and individually as a “Party”).

The services and/or materials provided by BMM are set forth in one or more proposals which may be amended from time to time by written agreement signed by the Parties hereto (hereinafter referred to as “Proposals”). These Terms and Conditions along with all related Proposals, which are incorporated by reference, constitute the agreement between the Parties and may not be modified or rescinded except by written instrument signed by both Parties (hereinafter referred to as the “Agreement”). If a conflict exists between these Terms and Conditions and any term in any Proposal, these Terms and Conditions shall control.

Payment Terms. Prices quoted by BMM are good for thirty (30) days only. Customer agrees to pay BMM according to the provisions contained in the Proposal. Payment in full is due from Customer upon substantial completion of the work and delivery of invoice. Unless otherwise stated, Cash on Delivery (“COD”) or payment for equipment upon receipt of equipment or fabrication of materials by BMM for any project is required.

If amounts owed are not paid within thirty (30) days of delivery of the invoice, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four percent (24%) per annum on the unpaid amount calculated from the date the payment was due. Customer will be deemed to have accepted BMM’s performance as complete under this Agreement unless Customer notified BMM in writing within thirty (30) days of substantial completion. Should BMM retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owning, Customer agrees to pay BMM’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate. Furthermore, failure to pay in full for any work shall allow BMM to cease work on this or any other work for Customer.

Change Orders. Any and all changes to the work specified in the Proposal must be agreed to in writing by BMM to be enforceable and additional charges will apply. BMM may require payment of said extra work in advance.

Service Requirements, Site Conditions and Limitations. Only Accessible areas (as defined by the National Fire Protection Association (“NFPA”)) shall be cleaned. Work will be done in a professional manner, during non-operating hours. Precautions will be taken to protect and cover cooking equipment and surrounding areas. BMM’s services are performed in compliance with all applicable requirements of NFPA #96: Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Ducts: Clean-out access openings are required to allow BMM to perform the services. BMM is only responsible for informing Customers of inaccessible conditions and other deficiencies that do not correspond with the NFPA Code 96. Customer is responsible for addressing all deficiencies and/or code violations. Access Panels: BMM uses UL listed access panels to retrofit existing ductwork. Fans: Fans are required to be tippable and must have sufficient flexible electrical conduit to be removed safely otherwise BMM will not be liable for any damage resulting to roof or fans. BMM will use reasonable efforts but in no event, will BMM be liable for damage resulting from insufficient or faulty wiring or electrical components, worn bearings, fan belts or other similar conditions. Fan motors are not cleaned as part of normal service, only normal grease affluent airflow areas are cleaned. Waste Water: Customer represents that drains at locations with a grease trap are in good working order and any issues pertaining to those drains are the responsibility of Customers. BMM is not responsible for wastewater removal from locations that do not have grease traps. Customers that request BMM to remove the wastewater will incur an additional charge. Temperature: If the temperature is below thirty-two degrees, BMM may, at its discretion, use a scraping method as opposed to using chemical or pressure washers due to the liquid freezing on contact an making the work area unsafe.

Work Schedule. Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, BMM’s ability to obtain materials, and/or any cause beyond BMM’s control.

Performance. If Customer fails to perform any of Customer’s obligations herein or if PBMM, in good faith, believes that the prospect of payment or performance to be impaired, BMM may upon seven (7) days written notice to Customer terminate this Agreement.

Insurance. Customer shall maintain general liability and property insurance to cover all personal injury or damage to tangible property in an amount of not less than $50,000. A certificate of liability insurance shall be provided upon request.

Limited Warranty – New HVAC Installation. BMM shall provide Customer with a limited warranty for new HVAC installation consisting of ninety (90) days for parts and thirty (30) days for labor. This limited warranty period begins at the time of substantial completion. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND WAIVED BY THE CUSTOMER. BMM makes no other warranties, express or implied and its agents or technicians are not authorized to make any such warranties on behalf of BMM.

Limited Warranty – Exhaust Cleaning Service. It is the Customer’s obligation to inspect work and to report to BMM any problems related to BMM’s exhaust cleaning service within twentyfour (24) hours. It is BMM’s responsibility to fix any problems pertaining solely to the exhaust cleaning service within seventy-two (72) hours or to report back to Customer if solution will take longer than seventy-two (72) hours. This limited warranty period begins at the time of completion of the exhaust cleaning service. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND WAIVED BY THE CUSTOMER. BMM makes no other warranties, express or implied and its agents or technicians are not authorized to make any such warranties on behalf of BMM.

LIMIT OF LIABILITY AND INDEMNIFICATION. BMM’s aggregate liability to Customer for any claim related to, or in connection with this Agreement is limited to the total amount of fees paid by Customer for any services and/or materials provided. IN NO EVENT SHALL EITHER PARTY BE LIABLE WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, EVEN IF THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer shall indemnify and hold BMM harmless in and from all claims, liabilities, damages and detriments not arising from BMM’s gross negligence or willful misconduct. Customer agrees that BMM is liable only for the services it performs and cannot be held liable for the services of other third parties hired by Customer. BMM will use reasonable efforts but in no event, will BMM be liable for damage resulting from equipment not within current NFPA fire code. Solid Fuel Systems must be inspected by kitchen management staff after service and any deficiencies must be reported back to BMM within twenty-four (24) hours.

Miscellaneous.

(i) Systems may require cleaning more often due to circumstances beyond our control.

(ii) Twenty-four (24) hour advance notice is required for any cancellation or rescheduling of service. Failure to do so will result in a $250.00 fee which Customer agrees to pay to BMM.

(iii) Except for Customer’s payment obligations under this Agreement, neither Party shall be liable for any delay or failure in performance due to causes beyond its reasonable control.

(iv) This Agreement will be deemed to have been made in, and shall be construed pursuant to the laws of the State of Illinois and the United States without regard to conflicts of law provisions thereof. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a federal or state court in Chicago, Illinois, and each Party irrevocably submits to the jurisdiction and venue of such courts.

(v) Barring unforeseen problems with media, BMM will take digital photos before and after the job and will document deficiencies and code violations. BMM will provide the photos to Customer and it is Customer’s responsibility to address all deficiencies and/or code violations.

Severability. Should any part of this Agreement be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.

Entire Agreement. These Terms and Conditions along with all Proposals and any such further services agreed to in writing by the Parties with respect to the subject matter hereof, constitutes the entire Agreement between the Parties and supersedes any prior verbal or written understandings, communications or any other representations between the Parties regarding the subject matter herein.