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_ TERMS AND CONDITIONS <br /> 1 SCOPE OF WORK <br /> This Proposal, upon notice to proceed by the Purchaser, shall constitute the entire Agreement between <br /> TWC Services and the Purchaser and supersedes any prior representations <br /> or understandings No change or modification of any of the terms and conditions stated herein shall be <br /> binding upon TWC Services unless accepted by TWC Services in writing <br /> Unless it is specifically noted otherwise, TWC Services's obligation under this Agreement expressly excludes any <br /> work or service associated with clean up, control, removal or disposal of environmental hazards or <br /> dangerous substances including but not limited to asbestos or PCB's discovered in or on the premises <br /> Unless it is specifically noted otherwise, this Proposal is based upon the use of straight time labor only <br /> 2 INVOICING AND PAYMENTS <br /> TWC Services may invoice Purchaser monthly for all materials delivered to the jobsite or to an off-site storage <br /> facility and for all work performed on-site and off-site Purchaser agrees to pay TWC Services the amount invoiced <br /> upon receipt of invoice Invoices not paid within 30 days of the invoice date will be considered delinquent <br /> and subject to a service charge and interest computed at the maximum allowable legal interest rate <br /> The Purchaser agrees that he will pay and reimburse TWC Services for any and all reasonable attorney's fees or <br /> other costs which are incurred by TWC Services in the collection of the amounts due and payable hereunder <br /> 3 WARRANTY <br /> TWC Services warrants and agrees to replace any of its workmanship which is disclosed within a period of 30 <br /> days after the performance thereof to be defective TWC Services warrants materials and parts purchased by <br /> TWC Services from others only to the extent the same are warranted by the suppliers thereof <br /> 4 TAXES <br /> The price stated in this Proposal inciudes all applicable taxes unless specifically noted otherwise <br /> Purchaser shali pay any and all such taxes as required by federal, state or local law <br /> 5 COMPLIANCE WITH LAWS <br /> TWC Services shall comply with all applicable federal, state or local laws and regulations and shall obtain ail <br /> temporary licenses and permits required for the prosecution of the work. Licenses and permits of a <br /> permanent nature shall be procured and paid for by the Purchaser <br /> 6 LIABILITY <br /> TWC Services shall indemnify the Purchaser from liabilities, losses or damages which may arise in connection <br /> with the execution of the work herein specified, and which are caused solely by the negligent act or <br /> omission of TWC Services. Notwithstanding the foregoing, in no event shall TWC Services be liable for any special, indirect <br /> or consequential damages which may arise in any manner in connection with the execution of the work, <br /> nor shall TWC Services's liability under this indemnification exceed the greater of $25,000 00 or the price of the <br /> work stated in this Proposal <br /> TWC Services shall not be liable for any delay in the performance of the work resulting from or attributable to acts <br /> or circumstances beyond TWC Services's control, including, but not limited to, acts of God, fire, riots, lat�or <br /> disputes, conditions of the premises, acts or omissions of the Purchaser, owner, or other contractors or <br /> delays caused by suppliers or subcontractors of TWC Services. <br /> 2of2 <br />