Terms and Conditions

This is a legal agreement between Client and Elegance Upholstery, Inc. (“Elegance”). This shall be binding upon all future owners of the Client and its/his/her successors, parent companies, subsidiaries, heirs, executors, assigns and in case Client is a general contractor, to the ultimate customer of the contemplated services.

 

  1. Client expressly states that he/she/it has insurance that covers general injury for the property that is the subject of this Estimate and for all parking locations provided to Elegance. A copy of this Estimate shall be treated as if it is the original.
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  3.  Client shall provide proper parking for Elegance’s vehicles, at Client’s sole expense, and access to the property in which the work is taking place.  Installation specifically not included unless stated clearly in the Estimate. Client grants to Elegance a revocable license to enter the property for the sole purposes of performing the tasks associated with the contemplated work.
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  5. If Elegance defaults in its performance under any provision of this Estimate, Client must give Elegance a Notice of Default.  The Notice shall describe Elegance’s default with particularity. Elegance shall have thirty (30) days from receipt of a Notice of Default in which to cure the default.  Elegance shall not be in breach of this Estimate unless it receives a complying Notice of Default and fails to cure the default within the thirty (30) day period.
  6. Client shall disclose the existence of this Estimate to the ultimate customer if Client is a General Contractor. Client shall disclose the existence of this Estimate to all prospective purchasers of Client’s business and/or real property and shall deposit a copy of this Estimate and any addendums, extensions, and renewals into escrow before the close of escrow.
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  8. Elegance at its sole option may terminate this Estimate or suspend its performance under this Estimate (1) upon total or partial destruction, for whatever reason, of the property or business, (2) in the event of repeated issues with Client or Client’s employees and/or agents for which Client does not take the appropriate reasonable steps to address and eliminate, or (3) upon Client’s breach of any of Client’s covenants hereunder, (5) upon the return from the bank as unpaid the initial deposit check, or (6) upon Client’s insolvency.
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  10. Client shall indemnify and shall hold harmless Elegance from any damage or injury to any person or property arising from any or all of the following: (1) any defect in the real property, (2) the failure of Client to provide adequate access, (3) the failure of Client to keep the real property or personal property in good repair, or (4) the failure of Client to perform any of its obligations under this Estimate.
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  12. Client expressly waives any negligence claims associated with the work contemplated by this Estimate done by Elegance, its affiliates, or other subcontractors, or their respective employees, agents, or other contractors, except, in each case, to the extent such Losses result from the gross negligence or willful misconduct of Elegance.
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  14. The prevailing party in any action or special proceeding to enforce or interpret only the payment provision of this Estimate shall be entitled to recover its reasonable attorney’s fees, and costs only.  This Estimate shall be governed by the laws of the State of California and the parties stipulate to the proper venue being the Los Angeles County Superior Courts as the parties entered into this agreement in Los Angeles County.
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  16. It is agreed that any rule of construction, only to the effect that ambiguities are to be resolved against the drafting party, shall not apply in any interpretation of this Estimate.
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  18. If a court or an arbitrator of competent jurisdiction holds any provision of this Estimate to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them will not be affected.
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  20. Failure of either party to this Estimate to exercise any power or right shall not constitute a waiver of that right.
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  22. Client certifies that to the best of its knowledge there are no bankruptcy, foreclosures or receivership proceedings pending, as of the date of this Estimate, against the business or the property.
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  24. The signatory to this Estimate stated unequivocally that he/she is properly authorized to sign this Estimate on behalf of Client.
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  26. Payment Terms: 50% upon the signing of this Estimate and 50% on the date the job is completed.  Should Client specifically request, provide a credit sheet, and Client’s credit has been approved then the final 50% payment is due and payable within 30 days after the job is completed.  Client shall pay interest of 10% per annum from the date the payment is due until full payment is received by Elegance.