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Terms and Conditions:
1.00 Scope of Work: The scope of Louisiana Electrical & A/C Service LLC’s (also known as LES) work shall be defined by written Work Order / Change Order on the front page this agreement. LES agrees to commence customer’s work as authorized by the Work Order. LES’s work shall include all labor and materials necessary or incidental to completing the work in a manner which complies with this agreement, and complies with applicable laws, regulations and ordinances.
2.00 Payment. In consideration for the services to be performed by the LES, the customer agrees to pay LES the amount due for the completion of services performed. Completion shall be defined as the fulfillment of services performed in the Work Order / Change Order.
2.01 LES and customer agree LES will be paid: at the completion of the services performed or at a time agreed to and no later than 30 days from end of job.
2.02 NSF charges: All NSF checks will incur a service charge not to exceed twenty-five dollars ($25.00) or five percent of the face amount of the check, whichever is greater.
3.00 Services Due date. The services provided by LES will be in a timely manner.
4.00 Change Orders: In the event LES’ scope of work is decreased or increased, such change shall be evidenced by a written Change Order, and the increase or decrease shall be set out in the Change Order. LES agrees that it will not incur any additional expenses requested by customer unless approved by customer through a signed Change Order.
5.00 Warranties: LES warrants that its work shall meet the requirements of this agreement and comply with all warranties imposed by law, rule or regulation. LES shall timely repair or remedy any defects in workmanship and material upon notice by customer. LES hereby warrants, without limitation, that all workmanship performed and materials supplied by LES shall be free from defects caused by faulty workmanship and defective materials for a period of one (1) year from the warranty date.
6.00 Default: If customer breaches this agreement, LES shall have the right, upon written notice to customer to terminate this agreement.
7.00. Work Sufficiency. Customer has reviewed the Work Order / Change Order and agrees to the price for specified services.
8.00 Quality of Work. Workmanship, equipment, and materials shall be as specified and shall be to the satisfaction of LES.
9.00 Permits. LES will obtain and pay for all special permits, if necessary, that are required for customer's work.
10.00 Assignment and Subcontracting. LES may assign the work under this agreement, or subcontract any portion of it, without the written consent of the customer.
11.00 No Other Agreement. This agreement document represents the entire agreement of the parties, and it shall not be modified by any proposal, bid, estimate, conversation, submittal, or other form of communication between LES and customer before the date when this agreement is fully executed. This is a contract that cannot be modified by oral agreements, and may be modified only by a writing signed by LES.
12.00 Attorney Fees. If LES becomes involved in litigation arising out of this agreement or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorney fees to LES. In awarding attorney fees, customer agrees attorney fees will be at a minimum of $1,500.00. Moreover, the court will not be bound by any court fee schedule; but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorney fees paid or incurred in good faith.
13. Governing Law. This agreement shall be subject to and governed by the laws of the Louisiana without giving effect to its conflict of law principles.
14. Force Majeure. In no event shall LES be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, pandemics, natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the LES shall use reasonable efforts which are consistent with accepted practices to resume performance as soon as practicable under the circumstances.
LOUISIANA ELECTRICAL & A/C SERVICE, LLC Work Order / Change Order
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