Terms and Conditions of Service
The below applies to any companies owned by MM Acquisitions, LLC. Currently, this consists of Moore Mechanical and Werner Plumbing and Heating.
Unless specifically otherwise noted on a document signed by the senior management of The Service Provider, when working with The Service Provider you agree to the following payment terms:
- Down Payment: 50% due upon proposal acceptance. Time & Materials jobs require 50% down payment of estimated project cost.
- Payment window: Total invoiced amount due upon receipt.
- Late payment fee: 2% per month, plus $150 collection fee.
- Late payment action(s):
- Moore’s effort on project shall be suspended for non-payment
- Lien placed on property, claim filed with the Better Business Bureau, and collections process initiated for non-payment
- Materials and equipment previously purchased by The Service Provider shall be returned to vendor or sold for non-payment
- Legal proceedings initiated for non-payment
This proposal may be withdrawn if not accepted within 30 days of proposal date. All cancelled proposals may be subject to a restock fee on material & equipment.
By signing, customer acknowledges having read and understood the terms and conditions contained on the page. Customer further agrees to be bound by them.
ADDITIONAL TERMS AND CONDITIONS OF WORK ORDER
1. The services requested of MM Acquisitions Group, LLC.; (hereafter "The Service Provider") by Client are only those services described herein.
2. The Service Provider agrees to perform said work in a timely manner, provided, however, that The Service Provider shall not be responsible for delays in completing said work that cannot reasonably be foreseen on date hereof or for delays which are caused by factors beyond its control or delays resulting from the action or inaction of any governmental agency. The Service Provider makes no warranty, express or implied, as to its findings, recommendations, plans and specifications except that they were made or prepared in accordance with generally accepted plumbing or heating and cooling practices. The Service Provider shall not be required to perform services during any time that Client is delinquent in payment of monies due to The Service Provider.
3. Any cost estimates prepared by The Service Provider in connection with the services requested are estimates only and are prepared as a guide. Client understands that any representations as to costs of services are approximate only and are subject to change depending on field conditions and other conditions encountered during the course of furnishing said services, at our hourly rates. Invoices for work performed will be sent monthly and / or upon completion of work, with payment by the Client for each invoice due and payable, without any legal setoff whatsoever, within thirty (30) days after the mailing date.
4. A 1.5% per month account charge will be incurred by Client for any payment due herein and not paid within 30 days of such billing.
5. A lien will be recorded within 45 days of the last day of work unless the account is paid in full or other prior arrangements have been made. A $550.00 charge will be made for the filing of a lien and another $275.00 charge will be made for the filing of a lien release, all in addition to any other charges made.
6. The Client shall be responsible for payment of all costs and expenses incurred by The Service Provider for its account, including any such monies that The Service Provider may advance for Client's account for any purpose whatsoever (plus 10% overhead charge).
7. The Client or The Service Provider may terminate this agreement at any time by giving the other party fifteen (15) days written notice thereof, in which case, The Service Provider shall be paid in full for all services performed to the date of termination.
8. The Service Provider reserves the right to subcontract to duly licensed persons, firms or corporations any and/or all of the work herein provided for.
9. The Service Provider reserves the right to withdraw this proposal if not accepted within 30 days.
10. In the event of suit to effect collection for services rendered, Client will pay all reasonable attorney's fees and court costs. Client agrees that the sole venue for all legal proceedings shall be Benzie County and irrevocably submits to same.
11. Original documents, drawings and survey notes represent the product of training, experience and professional skill. They belong to and remain the property of The Service Provider. At such time as full compensation is made, copies of said original drawing shall become the property of the Client.
12. In consideration for the performance of the services described in this Work Order, Client agrees that the liability of The Service Provider for any act, error, or omission committed, or alleged to have been committed, in respect to the services provided, shall be limited to the amount of the fee charged for such services, unless said liability is the result of the gross negligence or willful misconduct of The Service Provider.
13. If, as a result of the performance of the services described in this Work Order, The Service Provider is joined as a party defendant in any litigation brought against the Client for loss or damages not directly and solely caused by the negligent acts, errors or omissions of The Service Provider, Client agrees to defend, indemnify and save The Service Provider harmless from any and all liability, damages or costs related thereto.
14. During the period commencing on the date of work completion and ending two years later, the customer shall not, without The Service Provider prior written consent, directly or indirectly, solicit or encourage any person to leave the employment or other service of The Service Provider or its affiliates.