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Subject to the terms and conditions contained in these Shrink Wrap Terms and Conditions (these “Terms”), Seal All Shrink Wrap, LLC, a Colorado limited liability company (“Company”), shall provide the customer named on the applicable invoice (the “Customer”) with shrink wrapping services detailed in the applicable invoice (the “Services”). These Terms shall govern the Services and Customer’s use of the Services constitutes an acceptance of these Terms.
All Services to be provided by the Company, including specifics of the item to be shrink wrapped, the shrink wrap and other components to be used, the duration of storage, and whether and where the item will be transported once shrink wrapped, will be agreed upon in advance by Customer and the Company. Customer is responsible for disclosing all specific needs and concerns, including any preexisting damage, regarding the item to be shrink wrapped so the Company can incorporate all relevant information into Customer’s invoice.
A shrink wrap cover is temporary. The shrink wrap cover and all components of the framework, support structure, and materials used as padding (together, the “Components”) will be new and will meet or exceed industry standards and will be installed in a workmanlike manner. Once installed, the Components are Customer’s property and Customer is responsible for such Components, including proper recycling and disposal.
The Company offers a limited warranty on the Services in addition to the warranty provided by the manufacturer of the Components, which will be passed through to Customer. For Services performed on boats, the Company warrants that the shrink wrap of the boat will remain intact for 6 months from the date the Services are performed. For Services performed for commercial Customers excluding all boats, the Company warrants that the shrink wrap will remain intact for 6 months from the date the Services are performed. The preceding warranties exclude all damage resulting from Force Majeure Events (as defined below), and the Company offers no warranty if the Services or the Components have been tampered with or altered by anyone other than the Company or the items on which the Services were performed were stored incorrectly. If Customer reports damage to the shrink wrap during the applicable warranty period, the Company will, it is sole discretion, repair or replace the Services. In no event is the Company responsible for any damages resulting to the object on which the Services were performed.
The Company shall be held harmless by the Customer and/or third parties from all claims arising from any loss or damage to any boat, equipment, or other item that is shrink wrapped, including all hardware, parts, carpets, clear vinyl or acrylic enclosures, vinyl seats, canvas enclosures, zippers, snaps, canvas tops, brackets, mounting hardware, rails, swim platforms, or other components thereof, the integrity of which part may have been compromised by prior normal wear or due to a lack of preventative maintenance (whether direct, indirect, or consequential, except in the event of gross negligence) in the installation of the shrink wrap by the Company which may arise from the provision of the Services. If Customer has preexisting damage, Customer is responsible for making the Company aware of such preexisting damage prior to the provision of the Services. The Company is not responsible for any mold or mildew or condensation that may collect within the shrink wrapped object.
Customer is, prior to Company’s arrival, responsible for coordinating with and notifying the facility where the Services will be performed (a) when the Company will perform the Services, and (b) ensuring that the Company has all necessary access to the item. The Company does not share information contained in the Customer invoice with third parties, including the facility where the Services are performed. The Company will not submit invoices to third parties, nor will the Company pay a fee to any Facility to be allowed on site to perform the services.
Unless otherwise agreed upon by the parties, payment for all Services is due in full within 15 days of completion. Payments may be made by check, cash, PayPal, or major credit card by contacting us at: https://sealallshrinkwrap.com/contact. Interest shall accrue at the rate of 5% per month to any balance more than 15 days past due.
Force Majeure Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of these Terms if such delay is caused by an act, event, or occurrence beyond such party’s reasonable control, including, without limitation, acts of God, fires, floods, storms, landslides, epidemics, lightning, earthquakes, drought, blight, famine, quarantine, blockade, governmental acts or inaction, orders or injunctions, war, insurrection or civil strife, sabotage, explosions, labor strikes, work stoppages, or acts of terror (together, “Force Majeure Events”), provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as commercially feasible. Furthermore, Company shall be held harmless against damage to the item that may occur as a result of the Components being compromised by Force Majeure Events.
CUSTOMER AGREES THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH (A) THE SERVICES, (B) THE COST OR REPLACEMENT OF ANY GOODS OR SERVICES RELATED TO THESE TERMS, OR (C) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE COMPANY’S SERVICES OR THESE TERMS. THE COMPANY IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO A FORCE MAJEUERE EVENT. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANY UNDER THE APPLICABLE INVOICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING SECTIONS MAY NOT APPLY TO CUSTOMER.
MISCELLANEOUS. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. These Terms shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Customer hereby expressly consents to the exclusive personal jurisdiction and venue in the state and federal courts located in the Denver, Colorado for any action arising from or related to these Terms.