Flue Steam, Inc., Standard Terms and Conditions
The following terms and conditions shall apply to this service/sale and to any future sale of good and/or services between Flue Steam, Inc. (“Flue Steam”) and Customer.
1. Terms of Service:
By signing the reverse side, the person signing invoice represents that he or she is at least 18 years of age and is an authorized agent, signing on behalf of the owners and management of Customer.
All work performed was completed and Customer is satisfied with the final results, including all clean up. Any conditions reported by the service technician are duly noted by Customer. Customer acknowledges that some Customer cleanup may be necessary upon job completion.
Flue Steam is not responsible for any damage due to improper construction or non-compliance with NFPA Codes, Federal, State or Local codes, nor for any pre-existing conditions or damage from a prior exhaust cleaning.
Flue Steam is not responsible for cleaning inaccessible areas or making inaccessible areas accessible. It is Customer’s responsibility to make all areas of the exhaust system accessible for cleaning.
Customer acknowledges that nothing electrical should be used when it is wet or moist.
Flue Steam is not responsible for damage caused by steam, water or any chemicals used in the cleaning process.
Periodic inspection and maintenance, etc. are Customer’s responsibility.
2. Late Charges; Cumulative Remedies: Past due amounts will bear late charges of one and one‑half percent (1-1/2%) per month added to the unpaid balance. There is a service charge of $25.00 for each check returned by the bank unpaid. Any federal, state, local or excise tax and any other applicable tax are the responsibility of Customer. All remedies of Flue Steam will be deemed cumulative and will be in addition to any other remedies Flue Steam may have under law. Flue Steam’s exercise of any one or more remedies shall not be deemed to be an election of remedies.
3. Inspection: Customer agrees to thoroughly inspect work and to advise Flue Steam of any defects before signing invoice. Failure to inspect and advise Flue Steam of any defects shall constitute a waiver of any later claim with respect to defects that could have been detected through such inspection.
4. Waiver of Subrogation; Indemnification: Customer waives on its own behalf, and on behalf of its insurer, the right to subrogate against Flue Steam. Customer shall defend, indemnify and save harmless Flue Steam, its employees and agents, sub-contractors for and against all third party claims, lawsuits, and losses alleged to be caused by Flue Steam’s performance, negligent performance, or failure to perform its obligations under this agreement. It is understood and agreed by the parties hereto that Flue Steam is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Customer’s premises shall be the responsibility of and obtained by Customer.
5. Arbitration: Any dispute or claim under or relating to the sales agreement or relating to the goods or services of Flue Steam shall be submitted to binding arbitration before the American Arbitration Association in Los Angeles, California, in accordance with its commercial arbitration rules. The arbitration award may be enforced in any court of competent jurisdiction.
6. Governing Law; Jurisdiction and Venue: This contract shall be governed and interpreted under the internal laws of California. Subject to the foregoing arbitration provision, the parties irrevocably agree that any legal action arising hereunder shall be brought in the appropriate state or federal court sitting in Los Angeles, California, consent to the personal (in personam) jurisdiction of such court for all purposes, and irrevocably waive any objection that such court constitute an improper venue or inconvenient forum.
7. Complete Agreement; Severability: This contract (including the Disclaimer or Warranties and Limitations of Flue Steam’s Liability below) shall be the entire agreement of the parties and shall supersede all other agreements or representations, oral or written. Any statements, representations, warranties or conditions, oral or written not set forth herein shall be void and shall not be binding upon Flue Steam. Any invalid provision shall not affect the validity of all other provisions and shall be enforced to the maximum permissible extent. This contract may not be amended, modified, or canceled, except in a writing signed by duly authorized representatives of Flue Steam and Customer expressly referring to these “Standard Terms and Conditions” and regardless of any course of dealing, usage of trade, or the terms of or any purchase order or other writing delivered by Customer to Flue Steam.
DISCLAIMER OF WARRANTIES
AND LIMITATIONS ON FLUE STEAM’S LIABILITY
Customer acknowledges and agrees that Flue Steam is being paid to clean a system designed to reduce certain risks of loss but that even after provision of Flue Steam’s services a loss may still occur. Flue Steam is not assuming responsibility for any losses which may occur, even if such loss is due in whole or in part to Flue Steam’s negligent performance or failure to perform any obligation under this agreement.
FLUE STEAM DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS AND/OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No agent, employee or other representative of Flue Steam has the authority to create any other affirmation, warranty or representation, either oral or written, regarding the products or services.
The liability of Flue Steam shall be limited as follows: THE SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED NEGLIGENCE, NON-PERFORMANCE, INADEQUATE OR DEFECTIVE PERFORMANCE, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE OR NON‑CONFORMING PRODUCTS OR RE‑PERFORMANCE OF DEFICIENT SERVICES, OR, AT FLUE STEAM’S OPTION, REFUND ALL OR A PORTION OF THE SERVICE CHARGE OR PURCHASE PRICE. Customer agrees that the foregoing remedies shall not be deemed to have failed of their essential purpose so long as Flue Steam is able to refund the service charge or purchase price.
CUSTOMER AGREES THAT FLUE STEAM SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, whether or not Flue Steam has been advised of the possibility of such damages.
Customer acknowledges and agrees that the foregoing disclaimer of warranties and limitation of liability provisions are an essential basis for Customer’s agreement with Flue Steam, that Flue Steam would not have entered into this Agreement but for these provisions, and that the foregoing exclusion of special, incidental, consequential or other damages shall apply whether or not Flue Steam is able to repair or replace any defective products or re‑perform any services. This allocation of risks is reflected in the purchase price for the products and/or services provided to Customer.