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HomeMy WebLinkAboutUS Linen & Uniform - Uniform Cleaning Service1. AGREEMENT - Effective on the date this Agreement is signed on behalf of U.S. Linen & Uniform (USL), Customer agrees to rent and USL agrees to supply, on the terms and conditions stated herein, all of Customer's requirements for laundry service for uniform garments owned by Customer. The items to be delivered and the frequency of service shall be as set forth in service orders as may hereafter be prepared or upon written or verbal request of Customer. 2. SERVICE AND QUALITY - USL agrees to render to Customer prompt and regular service and to furnish all necessary equipment. USL will maintain reasonable standards of quality and service. Should there be any deficiencies in service or quality, Customer has the right to terminate this Agreement, upon the condition that (1) customer gives USL written notice specifying the deficiencies; and (2) USL fails to correct the deficiencies to Customer's satisfaction within thirty (30) days. The buyout of any special order items, as set forth in section 7, shall apply to any termination under this section. IN NO EVENT SHALL USL BE LIABLE TO CUSTOMER FOR CONSEQUENCIAL OR SPECIAL DAMAGES. 3. PRICE - This agreement is subject to USL's pricing, service, minimum charges, and depreciation policies and schedules as in effect from time to time during the term of this Agreement. Prices will increase 3% one time each year on the date of the initiation of this contract. Additional goods and services shall be provided at the prices and minimum charges current at the time. All prices are calculated to include credit for time off due to vacation and sickness and therefore, there shall be no further adjustments. Customer shall pay an initial charge for each garment placed in service, for any emblems or lettering, and for any special features or changes requested by Customer. Laundry service pricing at the onset of this agreement shall be as follows: NOG — Pants: $ .75 each NOG — Shirts: $ .75 each RFID Chip/Barcode $1.00 each Button Replacement $2.00 each Zipper Replacement $5.00 each Laundry Bag $ .50 per bag per location Service/Delivery Charge $10.00 per week per location 4. PAYMENT AND CREDIT - All charges shall be payable in cash on delivery (COD), or upon credit approval by USL, by the 10th day of the month following delivery. Customer's application for the privileges of a ledger account constitutes its promise to make payment by the 10th day of the month following delivery, and agreement that USL may revoke credit privileges, discounts, and impose late charges at 1.5% per month (18% per annum) or the maximum permitted by law if lower, on all past due balances. If Customer fails to make timely payments as set forth above, USL has the option to continue this Agreement on a payment on delivery basis, or to terminate or suspend further service until the outstanding amounts due are paid in full. Termination by USL due to Customer's non-payment shall constitute a breach and termination of this Agreement by Customer. 5. OWNERSHIP AND RETURN OF MERCHANDISE - All rented articles remain the sole property of USL and shall be cleaned and laundered exclusively by USL. Goods issued to Customer must be returned to USL or payment of loss of same must be completed before reduction of weekly charges is permitted. In the case of abused or lost articles, Customer shall pay to USL the retail price at the time of the occurrence. This responsibility extends to fire Toss, theft, or disappearance. Customary charges will be assessed for any customer owned articles processed by USL. USL assumes no responsibility for any loss, damage or return of any customer owned goods. 6. TERM — Customer acknowledges that USL may be making a substantial investment in linen or industrial supply items to fulfill this Agreement. Therefore, the term of this Agreement shall be for 2 months from the date of the first delivery. This Agreement shall renew for a 2 month term and thereafter for successive like terms, under like conditions unless written notice of termination given by either party delivered by mail and postmarked at least sixty (60) days before the end of each term. Customer may also terminate this Agreement for cause as set forth in section 2. 7. TERMINATION - Customer owned goods. Either party may terminate the service agreement at any time without cause, additional cost, liquidated sum or penalty by providing a written notice of intent to terminate at least sixty (60) days before the intended date of termination. 8. PRIOR AGREEMENTS - Customer represents that it is not contractually obligated to any other supplier for any of the goods or services provided for in the Agreement and entry into this Agreement is not a breach or violation of any existing Agreement to which Customer is a party. Customer shall hold USL harmless from all claims made by third parties against USL with respect to any alleged Agreements. 9. VALIDITY AND INTERPRETATION - This Agreement is entire and includes all understandings of the parties. No waivers or statements made by any representative of USL shall be valid unless set forth herein. This Agreement shall be construed under the laws of the State of Washington. No suit, whether in law or equity, may be brought to enforce, construe, or contest this Agreement, except in Yakima County in the State of Washington. 10. SEVERABILITY AND COLLECTION - If any provision of this Agreement shall be found to be invalid, all the remaining terms and conditions shall remain in full force and effect. If either party is required to enforce this Agreement, the prevailing party shall be paid all costs of collection and reasonable attorney's fees. 11.AUTHORITY - The undersigned warrants that he or she is authorized to enter into this Agreement on behalf of his or her employer. Acceptance and payment for any delivery hereunder shall constitute acknowledgment by Customer of the authority of the person executing this Agreement. This Agreement shall be binding upon the representatives, successors, and assigns of the parties. Customer shall notify USL of a sale or transfer of its business. 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