Service Agreement |
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When you call us to help you, we ask you sign a service agreement. Nothing complicated just some neccessary legal.
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THIS AGREEMENT executed on this ___ day of ______________, 2009, by and between _____________________ (“Customer”) and Gone for Good, LLC. Now Therefore, Customer agrees to hire Gone For Good, LLC under the terms and conditions hereby agreed upon by the parties. SECTION 1. WORK TO BE PERFORMED 1.1 Term. Customer agrees to hire Gone for Good, LLC to perform the services and work as stated in 1.2 of this Agreement. 1.2 Duties. Gone for Good, LLC agrees to perform work for the Customer on the terms and conditions set forth in this Agreement as follows: 1.2.1 Gone for Good, LLC will come to the Customer’s home to collect any personal property or items that the customers no longer has a need for. Customer will choose which items are to be included in this inventory. 1.2.2 Gone for Good, LLC will examine the property to determine if the property is worth anything to sell it on a consignment basis. If it is determined that there is nothing of value in the inventory, then Gone for Good, LLC will haul the property away and act as a cleaning service for the customer. 1.2.3 After leaving the residence of the Customer, Gone for Good, LLC will keep the property as inventory at an off-site location for one month to sell it on consignment. If the Customer fails to retrieve any items, then the inventory will be donated to charity and/or recycled. 1.2.4 Gone For Good, LLC has permission to enter the Customers property to retrieve said items and is not responsible for damages or loss that result from the removal of said inventory to the Customers personal or real property. 1.2.5 Any and all items that the Customer wishes to retrieve prior donation and/or recycling may be subject to a $25 release fee and a $75 delivery fee. 1.3 Completion Date. The services to be performed shall be complete on ___________, 2009, which is two months from the date that this Agreement is signed. SECTION 2. COMPENSATION 2.1 Compensation. In consideration of all services to be rendered by Gone for Good, LLC to the Customer, the Customer shall pay Compensation as follows: $75 for single item pickup, $250 for half truck load, and $450 for full truck load. This includes taking items out of the residence and loading it into the truck. 2.2 Billing. Payment for the services of Gone for Good, LLC are due upon receipt of said services. Failure to pay for the services will cause the return of the property to the Customer with no further relationship or duty to the Customer by Gone for Good, LLC. Any unpaid amounts due to Gone for Good shall access an 18% per annum late fee until paid in full. Gone for Good, LLC has the right to collect on the amount of services that were rendered. 2.3 Consignment Profit. Any profit from the sale of the Customer’s inventory shall be divided as follows: 30% to Customer and 70% to Gone for Good, LLC. Payment shall be made directly to the Customer in a timely fashion. 2.4 Donation. If the inventory was unable to be sold, and it is ultimately donated, Gone for Good, LLC shall claim the tax refund. SECTION 3. TERMINATION Either party may terminate this Agreement by notice to the other if such other party fails to pay or perform any of his or its obligations under or breaches any provision of this Agreement and such failure or breach is not cured within thirty (30) days after such other party receives notice of the failure or breach. SECTION 4. INDEMNIFICATION The Customer hereby agrees to indemnify and hold harmless Gone for Good, LLC against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of Gone for Good, LLC in the performance and/or failure to perform within this Agreement. SECTION 5. OWNERSHIP OF MATERIALS The Customer is the sole owner of the inventory up until the inventory is loaded on the trailer and hauled away from the Customer’s residence. At that time, the ownership transfers to Gone for Good, LLC. SECTION 6. CONFIDENTIALITY Gone for Good, LLC will have access to information about Customers and they agree to keep all such information strictly confidential and to refrain from discussing this information with anyone else without proper authority. SECTION 7. GENERAL TERMS 7.1 The rights and obligations of the parties under this Agreement shall be binding upon their successors and assigns. 7.2 Each term, condition, covenant or provision of this Agreement shall be viewed as separate and distinct, and in the event that any such term, covenant or provision shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue in full force and effect. 7.3 A waiver by either party of a breach of provision or provisions of this Agreement shall not constitute a general waiver, or prejudice a party’s right otherwise to demand strict compliance with that provision or any other provisions in this Agreement. 7.4 Nothing in this agreement creates any partnership or joint venture between the parties. Gone for Good, LLC will be acting as an agent of the Customer when purchasing materials or services on its behalf. Gone for Good, LLC agrees that all orders placed and contracts entered into by us on behalf of the Customer may state that Gone for Good, LLC is acting as the agent for the Customer in such transactions. 7.5 The Parties agree that this agreement represents the entire agreement concerning the subject matter of Gone for Good, LLC’s services, and supersedes any previous oral or written communications, representations, understandings or agreements. The terms of this agreement may be changed only upon written consent of the parties. WE HAVE READ AND UNDERSTAND THE ENTIRE AGREEMENT. ____________________________ ____________________________ |
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