Agreement

• Agreement

  1. Customer agrees to rent and pay for all of Customer's requests for garments and other items (Merchandise) and related services

  2. Balfurd will be the exclusive supplier to Customer for all clean laundered textiles, uniforms and associated disposable items

  3. Balfurd shall provide other items as Customer may request or require at an agreed-upon price or, in the absence of such, at the price customarily charged by Balfurd for such item(s)

  4. All goods supplied under this agreement shall be regularly cleaned and maintained by Balfurd
• Term

  Effective and fully in force as of the date signed by the Customer and approved by Balfurd<|>Continues for a term of thirty-six months running from the Date of First Delivery<|>Renewal will be automatic for like terms unless terminated by either party in writing at least sixty days before the end of the then current agreement term but not more than ninety days
• Payment

  1. Balfurd will furnish the Customer with an invoice at the time of each delivery

  2. Only authorized accounts will receive a monthly statement, which must be paid within ten days of receipt

  3. A finance charge of 1.5% will be added monthly to balances not paid within thirty days of invoice date

  4. Delinquent charge accounts may be required to put a credit card on file and any delinquent charge or cash account may be subject to a price increase or extra service fee
• Remedies

  1. If Customer defaults, Balfurd has the right to terminate the Agreement or suspend performance until Customer cures the default and provides reasonable assurance

  2. Customer remains liable for all payments, fees, costs and other obligations, including liquidated damages
• Inventory

  If customer is supplied with any "Specialty Items" not part of Balfurd's regular stock, the Customer must purchase them at replacement cost upon discontinuance of service<|>If product is lost, destroyed or becomes unpresentable due to damage outside of normal wear and tear, Customer will be charged a fee equal to the replacement cost<|>If Customer is enrolled in Balfurd's CAM program, the above fees will be waived during the period of Agreement
• Price

  Customer agrees to pay Balfurd for services at the prices agreed to for a term of thirty-six months, subject to renewals<|>Garments, rental items, and equipment charges may be automatically increased by Balfurd one time per contract year, effective on the anniversary date of the Agreement, not to exceed seven percent per year<|>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, sickness, acts of God, and/or other reason by Customer's employees, and, therefore, there shall be no further adjustments<|>Charges may be imposed or changed from time to time by separate written notice or by notation on Customer's invoice
• Quality/Service


  The Customer shall receive services, textiles, uniforms and other items comparable to the generally accepted standards of the textile rental services industry<|>Balfurd agrees to replace promptly any rental items that do not meet this standard at no cost to the Customer<|>Balfurd agrees to maintain a regular delivery schedule<|>Special deliveries not caused by Balfurd error may be subject to a delivery charge<|>If Customer believes Balfurd has consistently and materially failed to provide the required quality of service, Customer may terminate the Agreement without penalty by following a specific notice and cure process
• Unless specified in writing, the merchandise supplied is not flame retardant or resistant to hazardous substances and contains no special flame retardant or hazardous substance resistant features
• Customer warrants that none of its employees for whom garments are rented require acid or flame retardant clothing or will be used where these characteristics are required, unless specified in writing
• Customer agrees to indemnify and hold Balfurd harmless from and against any loss, claim, expense, or liability incurred by customer as a result of the use of such merchandise in areas where contact with flame or hazardous substances is possible
• Customer is obliged to notify Balfurd of any toxic, blood borne, or hazardous substance introduced by Customer onto merchandise and agrees to be responsible for any loss, damage or injury experienced by Balfurd or its employees as a result
• Balfurd reserves the right not to handle or process merchandise soiled with toxic or hazardous substances; if this happens, customer shall pay for all related costs of clean up
• Any of Balfurd's merchandise which is exposed to toxic or hazardous substances will be deemed "lost"
• Customer agrees to inspect Balfurd products and promptly notify Balfurd of faulty products
• Customer agrees to indemnify and hold harmless Balfurd in any matter relating to Customer's placement or use of Balfurd's mats or other products
• Indemnify

  To compensate for harm or loss
• Customer responsibilities

  1. Notify Balfurd of hazardous substances

  2. Be responsible for any loss, damage or injury to Balfurd

  3. Pay for clean up of merchandise soiled with hazardous substances

  4. Inspect Balfurd products and promptly notify of faulty products

  5. Notify Balfurd immediately if exposing items to dangerous substances
• Warranties

  Balfurd does not warrant merchantability or fitness for a particular purpose of leased/rented property<|>Balfurd is not responsible for damages from condition, failure or use of property
• Liquidated damages

  If customer fails to pay, breaches or terminates agreement early, they pay 50% of current weekly charges multiplied by remaining weeks<|>If customer cancels before installation, they pay replacement cost of inventory plus 10% fee
• Termination of agreement does not absolve customer of duty to pay accounts receivable
• Assignment

  Agreement cannot be assigned by customer without Balfurd's prior written consent
• Governing law

  Agreement governed by laws of Commonwealth of Pennsylvania
• There will be a weekly minimum charge if customer is closed for holidays, refuses delivery or any other reason besides going out of business
• Customer shall indemnify, defend and hold Balfurd harmless from any costs arising from customer's possession, use, condition or return of the property
• Customer agrees to indemnify and hold harmless Balfurd from any injury or damage to person or property resulting from use of the items furnished
• Agreement represents the entire agreement between the parties and supersedes all prior agreements, proposals or understandings
• Balfurd's obligation to serve and customer's obligation to accept service shall continue notwithstanding the customer's removal of business to a different location, provided the new location is within Balfurd's service area
• Rental services item detail

  • 3X5 CHARCOAL HEATHER MAT
  • WET MOP - LG ORANGE BAND
  • TOWEL - BAR
  • AIR FRESHENER DISPENSER
  • COVERED HAMPER STAND
  • LINEN BAGS
• Merchandise which is leased is not cleaned by Balfurd, Inc.
• Other charges

  • Non-Stock Sizes/Piece
  • Special Cuts/Piece
  • FTS w/min
  • Embroidery: Not Covered by CAM and quoted
  • Accidental Loss
  • Accidental Damage
  • Size Changes
  • Replacement Fees
  • Repair Fees
  • Garment Prep
  • Restocking Fees