CleanTeam Service Agreement Terms

1. Engagement

The Customer agrees to service from the Company, and the Company hereby agrees to furnish to the Customer, the Company’s rental services for linens, mats and related merchandise (“Rental Services”). The Company guarantees to deliver “high quality” Rental Service(s) at all times (meets or exceeds industry standards and Customer’s reasonable requirements). Any concerns about the quality of the service which have not been taken care of in the normal course of business should be sent by certified mail to the VP of Wildman Facility Services. If the Company thereafter fails to resolve such service issues within thirty (30) days, the Customer may terminate this Agreement by providing 30-day written notice sent by certified mail to the VP of Wildman Facility Services. Upon termination, the Customer must pay for or return all merchandise to the Company within 7 days.

2. Service & Price Guarantee

Fees for Rental Services and all other related charges applicable to this agreement are stated on the front side of this agreement, invoice, or proposal associated with this account. Subject to Company’s approval, additional Rental Services, products and quantities may be added to this Agreement upon written or verbal request of the Customer at the prices then in effect. All fees and charges are guaranteed for (x) weeks from the date of execution of this Agreement.

3. Contract Duration

The Customer acknowledges that the Company will be obligated to make a substantial investment in merchandise and equipment to fulfill this Agreement. Accordingly, the term of this Agreement shall be for a period of (x) weeks, commencing upon the date of execution of this Agreement. Either party may cancel this Agreement at the end of the initial term by giving written notice to the other party at least 90 days prior to the expiration date of the initial term. Unless so terminated, this Agreement shall be automatically extended for the same term as the initial term of this Agreement, provided, however that either party may cancel this Agreement at the end of each extended term by giving 90 days written notice to the other party of its intent to cancel this Agreement.

4. Indemnification

Company shall have no liability to the Customer or any third party for any loss, damage, injury or death relating to the Rental Services or the Customer’s use of any rented or leased merchandise from the Company during the duration of this Agreement and thereafter prior to acceptance of its return by the Customer. Customer shall indemnify and hold the Company harmless from and against any and all claims, demands, liabilities, losses, damages to or losses of property or injury to or death of any person or expenses (including, but not limited to, reasonable attorney’s fees and court costs) arising from the use, proper or improper, operation, storage or transportation of any such merchandise at any time after its delivery to the Customer.

5. Limitation of Liability

Company’s aggregate liability under this Agreement and in connection with the Rental Services shall in no event exceed the amount paid by the Customer for the Rental Services during the immediately prior twelve (12) months. In no event shall the Company be liable for any indirect, special, incidental, consequential, punitive or extraordinary damages of any kind, whether as a result of breach of warranty, negligence or otherwise.

6. Force Majeure

Both parties agree that if the Company’s usual operations are interrupted or if the Services are delayed, postponed, or terminated, by reason of acts of God, strikes, lockouts, or other industrial disturbances, wars, blockages, riots, arrests, explosions, fires, accidents to machinery, or any other cause not within the control of the Company, the Company shall not be answerable or liable for damages for any such delay, postponement, or termination.

7. Successors & Assigns

The Customer may not assign this Agreement or its rights, duties and obligations hereunder without the prior written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their legal representatives, successors and permitted assigns.

8. Collection, Fees, & No Infringement

The Customer agrees that it shall pay all costs of collection, including attorney fees, and any related legal expenses incurred by the Company in enforcing any terms of this Agreement. Customer further warrants that the Company is in no way violating or infringing upon any existing agreement between the Customer and any other textile rental service company or other party by entering into this Agreement.

9. Governing Law

This Agreement shall be governed by the laws of the State of Indiana without regard to principles of conflicts of laws. The parties agree that any dispute or question relating to this agreement shall be brought in and decided only by a federal court located in the Northern District of Indiana or the state courts located in Kosciusko County, Indiana.

10. Terms of Payment (pending approval)

Customer agrees to pay for all service(s) supplied hereunder. All charges shall be paid within 10 days of the statement of the account. All amounts not so paid within 30 days of statement of account shall be subject to a charge of 1.5% per month on the outstanding balance. Any charge account not paid within 30 days of statement will be placed on COD.