Invoicing and Payment:
As full consideration for the Services provided, Client will tender payment to Klean Moves (“Fee”). All charges shall be invoiced upon completion of Services less any deposit paid upon booking. If Client is not providing payment prior to or at time of performance of Services, Client agrees to make full payment upon completion of Services. Failure of Client to make payment for Services may result in collections proceedings, legal proceedings, and any other remedies afforded Klean Moves by law. Notice of any disputes regarding the Services or Fee should be provided in writing as soon as possible, but no later than seven (7) days following conclusion of the Services. Client agrees that failure to raise a timely dispute shall be deemed a waiver of their right to dispute the Fee and Client shall promptly owe the full Fee owed to Klean Moves as invoiced.
No warranties express or implied are made by Klean Moves.
The Client hereby agrees to defend, hold harmless and indemnify Klean Moves from and against any and all liabilities, damages, losses and judgments, including attorney fees, and all other costs and expenses which may be incurred by reason of loss or damage to property or by reason of injury or death of any person directly resulting from or caused by the negligent acts or omissions of the Client and/or his/her agents, officers, employees, or any person acting on behalf of Client during the performance of Services. Notwithstanding the foregoing, if the act or omission of Klean Moves is a factor contributing to any claim for which Klean Moves seeks indemnity hereunder, the respective liabilities of the parties to one another regarding such claim shall be in proportion to the relative fault of the parties.
Limitation of Liability:
IN NO EVENT SHALL KLEAN MOVES LIABILITY FOR ANY CAUSE OF ACTION WHATSOEVER EXCEED THE COST OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL KLEAN MOVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER SUCH INDIRECT DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
For any dispute that may arise, Klean Moves and Client agree to seek an amicable resolution of such dispute through good faith negotiations. Any controversy or claim arising out of or relating to this contract, which can’t be resolved through good faith negotiations, shall be settled by arbitration administered by the American Arbitration Association.
This agreement shall be governed by the laws of the State of which you booked your move Florida without regard to its choice of law principles. In the event any provision of this agreement is rendered unenforceable by law, this agreement shall be construed and enforced as if such provision had not been included herein and the validity and enforceability of the remaining provisions shall not be affected thereby.