Terms and Conditions of Services*
Payment for Services. Customer agrees to pay STI for the performance of services and all materials reasonably necessary to complete the scope of work (“Services” or “Work”). Customer understands that the obligation to pay STI for the Work is not contingent upon the existence of insurance coverage or obligations of any third party. Customer agrees to pay for all Work in accordance with the pricing set forth on the estimate provided to Customer or as otherwise agreed in writing. Customer understands that in some instances it is not practicable to provide an estimate of services prior to the provision of services. In the event an estimate is not provided upon execution of this agreement, and absent written agreement otherwise, Customer agrees to pay STI for the Work rendered in accordance with Xactimate™ pricing schedules readily accepted by the insurance industry at the time STI performs the Work. Invoices for Services are due upon receipt. STI may require partial payment prior to commencement of the Work. Any amounts not paid within 30 days of the date of invoice shall bear interest at the lesser of 18% per annum or the highest lawful rate of interest until paid.
Authority to Rely on Insurance Representative. Customer authorizes STI to rely upon Customer’s insurance carrier or such carrier’s representative, if any, for the purpose of authorizing additional Work, approving modifications to the scope of Work, and approving pricing and pricing estimates relating to the performance of this Contract. Customer agrees to be bound by all instructions and decisions made by or on behalf of Customer’s insurance carrier with respect to the Work and pricing. Customer understands that STI does not represent its interests with respect to the negotiation of insurance coverage or in any other capacity.
Limited Warranty, Disclaimer of Warranties & Limitation of Remedies. STI warrants that all Work and Services will be performed in a good and workmanlike manner according to reasonable and acceptable industry practices and that all materials will be free of material defect. Such warranty shall be applicable for a period of ninety (90) days following issuance of the final invoice pursuant to this Contract. For customers with insurance claims administered through Crawford Contractor Connection, the duration of this warranty shall be three (3) years. In the event that the Work, Services or materials provided hereunder are not in compliance with this sole and exclusive warranty, Customer’s sole remedy shall be limited to (i) correction of the defect(s) by repair, adjustment, reservice or replacement by STI, or (ii) refund of the sums of money paid for the Work or materials which were not performed or provided as warranted. STI has the sole discretion to choose between the above limited remedies. STI does not warrant or represent that the Customer’s property or premises will be returned to pre-loss condition. Further, STI does not warrant or represent that STI’s services will remove all moisture, mold, smoke, or other contaminants. THIS WARRANTY IS LIMITED TO THE TERMS, CONDITIONS, AND REMEDIES SET FORTH HEREIN AND IS IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS, AND WORKMANSHIP. ALL WARRANTIES, OTHER THAN THE EXPRESS LIMITED WARRANTY PROVIDED HEREIN, ARE HEREBY DISCLAIMED AND WAIVED BY CUSTOMER. IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL STI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF USE OR FROM ANY OTHER LOSS ASSOCIATED WITH, RELATED TO, OR ARISING FROM THE WORK, THE SERVICES OR ANY ACT OR OMISSION COMMITTED BY ANY PERSON OR ENTITY ASSOCIATED WITH STI.
INDEMNITY (Commercial Projects Only). Customer agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS STI, its shareholders, officers, employees, contractors and agents from any and all claims, suits, administrative actions, enforcement actions, judgments and all other legal proceedings of every kind seeking personal injury damages, property damages, environmental damage, penalties, fines, civil penalties, attorneys’ fees, equitable relief and all other loss arising from or relating to the Work, Services, Contract, and project premises. Specifically included within the scope of this indemnity agreement are claims, suits, administrative actions, enforcement actions, and all other legal proceedings of every kind claiming or alleging NEGLIGENCE on behalf of STI its shareholders, officers, employees, contractors or agents.
Loss or Damage to Property on Premises; Security. Customer acknowledges and agrees that STI shall have no responsibility for damage to, or theft or loss of, any property during the performance of the Services or Work. Customer acknowledges that existing property and structures may suffer damage while STI performs Services. Customer agrees that STI shall not be responsible for any such damage. Customer further understands that STI does not assume or accept any responsibility for the security of the property or Customer’s premises during the performance of the Work or Services. In this regard, Customer agrees to provide all security necessary to protect Customer’s property, the project premises, its contents, fixtures and structure from loss, damage, theft and vandalism. Customer RELEASES STI, its shareholders, officers, employees, contractors and agents of and from any and all civil liability that arises in the future for loss of or damage to property that occurs or allegedly occurs on the premises during the performance of the Work or Services. Customer further covenants not to sue STI, its shareholders, officers, employees, contractors and agents relating to any alleged loss or theft of property. IN NO INSTANCE SHALL STI HAVE LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY ON THE PREMISES WHERE WORK OR SERVICES ARE PERFORMED EVEN IF CAUSED BY THE NEGLIGENCE OF STI, ITS EMPLOYEES, CONTRACTORS OR AGENTS.
Storage of Personal Property. Customer agrees that STI shall not be liable for any damages, loss or injury to personal property, items or fixtures stored by STI at an off-premises location other than damage caused directly by negligence of STI. In such instance, STI’s liability to Customer shall be limited to the lesser of (i) the cost of replacing or repairing items, or (ii) the cost paid to STI for removing and storing such item.
*Terms and conditions may vary and other terms and conditions may apply. See terms and conditions within the service contract executed at time of services. Terms and conditions contained within the service contract executed by customer supersede all terms and conditions herein.