TERMS AND CONDITIONS
SCOPE OF SERVICES
AllModular Systems, Inc. (“Company”) shall perform the services, as stated in Exhibit A (the “Services”), for the customer as stated below (“Customer”) under the terms and conditions (“Terms”) set forth herein.
CUSTOMER ELECTRONICS DAMAGE
Notwithstanding the terms and conditions stated herein, Customer, acknowledges and agree that Company Parties (as defined herein) shall not be responsible for any damage, destruction, malfunction, loss or the like (whether software, hardware, or mechanical) in connection or arising from the Services, including to but not limited to the following items: computers, computer monitors, televisions, laptops, or any other electronic equipment or devices (“Electronics”). Customer acknowledges and agrees that it shall be solely responsible for inspection the condition of any and all Electronics, installation, and reconnection of any Electronics. Electronics shall be the sole responsibility of the Customer, and Customer shall exclusively bear all related costs and expenses in doing so. Company suggests that Customer hires a professional service provider in connection with the installation and connection/re-connection of all Electronics.
INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Company and each of its officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, subsidiaries, contractors, and successors and assigns (each a “Company Party” and collectively “Company Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, taxes or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any rights under these Terms, relating to any claim of a third party against the Company arising out of or occurring in connection with the Services, these Terms, or Customer’s negligence, gross negligence, willful misconduct, or breach of these Terms.
ATTORNEYS FEES
In the event of any suit or legal action is instituted to enforce any provision in these Terms, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of encoring any right of such prevailing party with respect to this Agreement and the Services, including without limitation such reasonable fees and expenses of attorneys, accountants, and collection agencies.
ENTIRE AGREEMENT; AMENDMENT
These Terms constitute the entire and exclusive understanding between Company and Customer regarding the Services, and unless otherwise mutually agreed in writing between Company and Customer, these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and Customer regarding the Services. No amendment to or modification of these Terms is effective unless it is in writing and signed by both parties. Except as otherwise provided under any of these Terms, if any provision contained in these Terms conflicts with any provision in any of the other documents, including but not limited to, the Customer’s purchase order, the provisions contained in these Terms shall govern and control.
EXHIBIT A
STATEMENT OF SERVICES & FEES
SERVICES
The Company’s Services to the Customer shall (to the extent applicable) include the following in connection with Customer’s purchase: commercial installation services and any additional furniture related services. Company’s commercial installation Services may include the following: installation of office furniture, private office and conference room set-up (no Electronics), scribe field cuts, reconfiguration, and disposal. Company will not provide asset management of Customer’s goods as part of its Services.