Terms of service
1. PAYMENT. Deposit due upon label submission- amount varies. Balance due at service completion, unless credit has been extended. 3% fee for credit card payments. IIf any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 5 percent per year. Prepayment by credit card with 3% fee may be required for poor payment history.
2. PREPARATION. Dispensing vessel must be cooled below 35 degrees and pressured to suitable level upon Phil's arrival. Failure to do so will result may result in reschedule, cancellation without refund, or waiting fee of $75/ hr. Customer must provide source for water, 3 ph electrical, CO2, and compressed air and suitable location for operation with a foot print of 3' x 12', preferrably less than 10' from dispensing tank. Customer provides all pack out labor, including application of pressure sensitive labels. Use of labeler provided.
3. TERM. This Contract shall remain in effect for the duration of the business relationship. However, pricing model may vary based on scheduling and quantity, and will be agreed upon prior to confirming services.
4. CONFIDENTIALITY. Phil's, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Phil's, or divulge, disclose, or communicate in any manner, any information that is proprietary to the customer. Phil's and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
5. INDEMNIFICATION. Phil's collects pre-packaging samples to assist with identification of infection sources. If post-packagaing infection is discovered, DNA analysis will be conducted to identify infection source, so apropriate actions can be taken. Phil's agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted that result from the acts or omissions of Phil's and/or Phil's's employees, agents, or representatives.
6. WARRANTY. Phil's agrees to reimburse customer, at cost, for spillage greater than 5%. Phil's shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Phil's's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Phil's on similar projects.
7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.