Terms and Conditions
Boston Building Wraps Inc. (“BBW”) Normal Hours of Operation: Monday – Friday 7:00 am – 3:30 PM
Onsite Conditions: All Estimate Costs are based on normal workable site conditions. Customer shall be responsible for any increased costs in labor or equipment to in connection with any unknown, hidden, concealed, or latent physical conditions encountered at the site that differ materially from reasonably anticipated conditions. Ground conditions must also be adequate and level for use of any aerial equipment. Any conditions that are inadequate could result in additional labor and equipment hours which will be invoiced accordingly.
Previous Site Conditions: The above work does not include repairs for pre-existing damage. This includes but is not limited to patching holes, removal of adhesives or paint.
Expenses: Unless otherwise specified above all product or services do not include costs of delivery, Massachusetts Sales Tax, Police Details, any permitting and any additional labor outside of the designated task. Any of these circumstances will result in additional charges. Due to uncontrollable weather-related conditions, there is no warranty on any products installed outdoors.
Payment: 50% Deposit Due Upon Approval; Balance Due Upon Completion. All costs, fees, and expenses (including but not limited to artwork changes) shall be due and payable by customer immediately upon early cancellation. Any changes or alteration requests shall be the subject of an applicable change order to be effective which may include additional costs, fees, or expenses.
Certificate of Insurance: To be issued to customer once deposit has been received in immediately available funds and the job has been awarded.
Right Of Ownership: BBW reserves the right to remove any and all signs and/or graphics for nonpayment without notice. Customer grants to BBW an irrevocable right and license to enter upon the applicable premises to effectuate such removal.
BBW will not be responsible for any damage to any subsurface due to previous installation.
Attorney Fees and Collection Costs: In case of a failure or default of the customer to make payment pursuant to the terms and conditions of the (invoice/agreement/contract/purchase order/estimate) to which these terms and conditions are attached, the customer shall be liable for all costs, expenses and reasonable attorney fees incurred in and resulting from any and all efforts to enforce the terms of this (agreement/contract/purchase order/estimate), together with interest at the lower of (i) sixteen percent (16%) per annum and (ii) the highest amount of interest which may legally be charged, calculated from the date upon which payment was due.
The invoice above including these terms and conditions shall be binding upon each of customer’s and BBW’s respective successors and assigns.
BBW HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer hereby grants BBW a non-exclusive, royalty-free, worldwide license to use photographs, video, and other images of the project site, as well as Customer’s name and logo, solely for BBW’s marketing, promotional, portfolio, and public relations purposes in any medium. BBW agrees that such use shall be in a professional manner and shall not alter Customer’s logo other than to adjust for size, format, or color consistency.
Customer shall release BBW, and shall defend, protect, indemnify and hold harmless BBW from and against any and all claims brought by or on behalf of any member of Customer and its directors, officers, employees, agents, and representatives or their invitees alleging bodily injury, personal injury, illness, death, loss or damage (including loss of use) of property which arise out of, relate to, or are connected with the invoice above or the performance thereof.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, BBW SHALL NOT BE LIABLE TO CUSTOMER FOR, AND CUSTOMER HEREBY RELEASES BBW FROM, ANY OF CUSTOMER’S INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES FOR LOST PRODUCTION, LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOST BUSINESS OR BUSINESS INTERRUPTIONS.
