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M Brewer -Garrett 68M EASTLAND ROAD MIDDLEBURG HEIGHTS, OH 44130 440-243-3535 TERMS AND CONDITIONS 1. The Customer will provide reasonable access to all areas and equipment, and will allow Brewer -Garrett to stop and start equipment as may be necessary to fulfill the terms of the project. 2. All work will be performed during normal working hours, Monday through Friday, unless otherwise stated. 3. The Customer will promptly pay invoices upon receipt. Should a payment become thirty (30) days or more delinquent, Brewer. Garrett may stop all work under this project without notice and/or cancel this project, and the entire project amount shall become due and payable immediately upon demand. 4. In addition to any price specified on the face hereof, the Customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value-added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Brewer -Garrett on behalf of the Customer whether such tax shall be local, state, or federal in nature. 5. Both parties shall seek to avoid litigation. If, however, Brewer -Garrett must commence legal action for whatever cause, Customer sball pay all court costs and attorney fees should Brewer -Garrett prevail. Any legal action regarding this Agreement must commence within one year from the date of the work complained about. Any legal action relating to this agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 6. Brewer -Garrett is not responsible for loss or damage caused by unavailability of equipment, components or material for whatever reasons, including forces of nature, inaccessibility to premises, negligence by Customer or others, inadequate system design, vandalism or other causes beyond Brewer-Garrett's control. 7. Brewer -Garrett shall not be responsible, under any legal theory, for loss of profit or use, claims from Customer's clients, or any special, indirect or consequential damages. Customer shall indemnify Brewer -Garrett, its employees and agents from all claims and expenses, including attorneys' fees, arising out of the performance of this Agreement if such claim is caused by any active or passive act or omission of Customer or others. 8. Brewer -Garnett does not warrant the work performed against failures or against defects in the materials or workmanship provided. However, if any replacement part or item of equipment installed by Brewer -Garrett proves defective, Brewer -Garrett will extend to the Customer the benefits of any warranty Brewer -Garrett has received from the manufacturer; removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates then in effect. 9. There are no warranties, statutory, express or implied, in connection with the work performed hereunder; and sole and exclusive remedy of the Customer for failures or defects in the work performed is to have redone at the Customer's expense. 10. Brewer-Garrett's responsibility under this agreement does not include the identification, removal or abatement of asbestos or other hazardous substances. In the event such products or substances are encountered, Brewer-Garrett's obligation shall be limited to informing Customer of the possible existence of such materials. In accordance with OSHA's Hazard Communication Standard Regulations, Customer shall provide Brewer -Garrett all relevant Material Safety Data Sheets (MSDS). LA:rACILITY WtUTION5 COMPANY