Quala Standard Terms and Conditions
Quala makes no guarantees or warranties (whether expressed or implied) regarding the presence of material, product residue, moisture or other contaminants following the completion of the Quala cleaning process. The Customer acknowledges and agrees that the post-cleaning inspection of its tank and related equipment is the sole responsibility of the Customer. By accepting the tank and related equipment following the Quala cleaning process, the Customer shall conclusively be deemed to have (a) inspected the tank and related equipment to its satisfaction, (b) acknowledged and agreed that such tank and related equipment are clean and acceptable for their next use by the Customer and (c) agreed to indemnify, defend and hold Quala harmless from any and against any and all loss, liability, damage, claim, cost or expense, including reasonable legal fees, arising out of or in connection with such next use. The Customer agrees that Quala shall not be responsible for any loss or damage to the Customer’s tank or related equipment while on Quala’s premises, except to the extent caused by Quala’s gross negligence or willful misconduct.
Payment and Invoicing
Payment for all services rendered are due as stated on the invoice issued to the Customer. Any dispute relating to any invoice, must be initiated in writing within 30 days from the invoice date. Failure to initiate a dispute in writing within such 30-day period will be deemed a waiver of the Customer’s right to dispute that invoice. A dispute on a particular invoice does not affect the Customer’s obligation to pay any undisputed amounts on such invoice or any amounts due on undisputed invoices. The Customer agrees to pay all costs of collection or legal fees should such action be necessary due to non-payment.
Failure to pay invoices in a timely manner may result in the Customer’s account being placed on Credit Hold. Quala may institute a Credit Hold as early as 15 days from the due date stated on the invoice. If the Customer’s account is placed on Credit Hold, all services provided to the Customer and its affiliates will be suspended until the Customer’s account is brought in good standing. Should the Customer’s account continue to remain past due for 60 days from the due date stated on the invoice, the account may be placed in default and be turned over to legal counsel for further actions. Any payment made by credit card is subject to a 2% processing fee.
Tax Exemption Status
If the Customer is exempt from state Sales Tax, it is the Customer’s responsibility to provide a valid exemption certificate at the time the Customer’s account is established with Quala or at such time when the Customer becomes eligible for exemption. Upon receipt of a valid tax exemption certificate, Quala will perform the necessary tasks to establish tax exemption for the account. All taxes invoiced prior to receipt of a valid exemption certificate must be paid in full.
Finance Charges and Non-Sufficient Funds (NSF)
Quala reserves the right to assess finance charges of 1% per month (12% per annum) on all invoices that are past due. Customers with past due amounts will receive a finance charge invoice each month. Finance charges will be assessed as of the end of the month and reduced by any amounts in dispute and any payments received by end of the month, but yet to be posted. The Customer agrees to pay $50 for each check issued which is returned unpaid or marked NSF.
Miscellaneous Terms and Conditions
By accepting services from Quala, the Customer agrees to all of the above and hereby grants permission for credit information provided by the Customer to be verified by (i) company(s) and financial institution(s) that the Customer has disclosed to Quala as having relationships with the Customer and (ii) other company(s) and financial institution(s) that become evident to Quala during the credit review process as having relationships with the Customer. If the applicant is not a corporation, Quala is authorized to obtain credit reports on the proprietors, partners, or principals of the Customer.
The Customer also understands that Quala will retain any information disclosed to Quala by Customer or obtained by Quala through its credit review of the Customer, whether or not any credit application is approved or Quala establishes an account for the Customer, and that Quala will consider any such information as a continuing statement of the Customer’s financial position and situation until notified otherwise.
Faxed documents will be deemed as original. No oral agreements will be accepted or enforceable. These Terms and Conditions take precedent over any other agreements between Quala and the Customer unless expressly agreed otherwise.
Customer represents and warrants that all information disclosed to Quala in connection with any application for credit is accurate and complete.
Any legal action brought by either party must be in the federal or state courts located in Hillsborough County, Florida, and the Customer hereby submits to the jurisdiction of said courts. All questions relating to (i) the validity, interpretation, performance and enforcement of these Terms and Conditions and any other documents entered into between the Customer and Quala, (ii) the provision of the services by Quala to the Customer, (iii) the collection of any invoices owed by the Customer to Quala and (iv) any other matters relating to Quala’s relationship with the Customer shall be governed by and construed in accordance with the laws of the State of Florida (exclusive of the conflict of law provisions thereof) applicable to agreements made and to be performed entirely within such state.