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TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS RELATIVE TO INDEMNITY, RELEASE OF LIABILITY AND ALLOCATION OF RISK.

The term “Customer” means the person or entity desiring to have construction services performed. This definition includes the property owner, general contractor, subcontractor and/or any other agents or representatives of Customer. It is the responsibility of all such parties to provide notice and copies of these Terms and Conditions (“Terms and Conditions”) to each other. The term Major League Builders LLC, hereinafter called “Contractor,” shall control and govern all work performed or to be performed by Contractor for Customer under verbal or written work orders, purchase orders, invoices or other verbal or written agreements between the Parties, relating to work to be done by Contractor for Customer, and shall supersede any such previous agreements from date hereof until specifically cancelled in writing by either Party (“Party” may refer to Customer or Contractor, individually and “Parties” may refer to Customer and Contractor, collectively), anything to the contrary in any such agreement notwithstanding. These Terms and Conditions do not obligate Customer to order work from Contractor, nor do they obligate Contractor to accept orders for work.

Terms and Conditions: FAQ

  1. Contractor Performance. Contractor expressly agrees to comply with and abide by all applicable laws of the United States and of the state in which the goods are delivered or the services are performed. In the performance of the services hereunder, Contractor shall act as and be an Independent Contractor.

  2. Equipment, Materials, and Tools. In the performance of the services to Customer, Contractor will furnish such labor, machinery, equipment, tools, transportation and other items necessary for completion of the work as agreed to by Contractor.

  3. RESPONSIBILITY FOR INDEMNITY, RELEASE OF LIABILITY, AND ALLOCATION OF RISK. IN THE EVENT ONE PARTY MUST BRING LEGAL ACTION IN ORDER TO ENFORCE AN INDEMNIFICATION, ALL COSTS AND EXPENSES RELATED TO THAT LEGAL ACTION SHALL BE INCLUDED AS PART OF THE INDEMNIFICATION.

    3.1 CONTRACTOR INDEMNIFICATION. CONTRACTOR HEREBY RELEASES CUSTOMER GROUP FROM ANY LIABILITY FOR, AND SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD CUSTOMER GROUP HARMLESS FROM AND AGAINST ALL CLAIMS (“Claims” shall mean all awards, causes of action, claims, costs, expenses, damages, demands, judgments, liabilities, and losses of every character, kind, and nature including, without limitation, attorney’s fees, court costs, fines, penalties, and remedial obligations which arise of or are related to, directly or indirectly, the subject matter or performance of these Terms and Conditions) OF EVERY TYPE AND CHARACTER, RESULTING FROM (I) CONTRACTOR’S PERFORMANCE UNDER THESE TERMS AND CONDITIONS OR BREACH THEREOF, (II) INJURY TO, ILLNESS, OR DEATH OF ANYONE, OR (III) LOSS OF OR DAMAGE TO ANY PROPERTY, TO THE EXTENT OF CONTRACTOR’S PROPORTIONATE FAULT.

    “Customer Group” shall mean Customer, its parents, affiliates, subsidiaries, partners, joint owners, and joint venturers, and the directors, agents, representatives, employees, invitees, consultants of all of the foregoing.

    3.2 CUSTOMER INDEMNIFICATION. CUSTOMER HEREBY RELEASES CONTRACTOR GROUP FROM ANY LIABILITY FOR, AND SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD CONTRACTOR GROUP HARMLESS FROM AND AGAINST ALL CLAIMS OF EVERY TYPE AND CHARACTER, ARISING OUT OF, RESULTING FROM, OR RELATED, DIRECTLY OR INDIRECTLY, TO (I) CUSTOMER’S PERFORMANCE UNDER THESE TERMS AND CONDITIONS OR BREACH THEREOF, (II) INJURY TO, ILLNESS, OR DEATH OF ANYONE, OR (III) LOSS OF OR DAMAGE TO ANY PROPERTY, TO THE EXTENT OF CUSTOMER’S PROPORTIONATE FAULT.

    “Contractor Group” shall mean Contractor, its parents, affiliates, subsidiaries, partners, joint owners, joint venturers, and subcontractors of any tier and the directors, agents, representatives, employees, insurers, invitees, consultants of all of the foregoing.

    3.3 Limitations on Damages. The parties waive and release to the fullest extent permitted by applicable law, whether such claims are made in connection with an indemnity a breach of any obligation under these Terms and Conditions or any other claim, all indirect or consequential loss, including, but not limited to, loss of prospective economic advantage or benefit, loss of business opportunity, punitive or exemplary damages, and lost profits.

    3.4 Notification of Claims. If a claim is asserted against one of the Parties to these Terms and Conditions which may give rise to a claim for indemnity against the other Party hereto, the Party against whom the claim is first asserted must notify the potential indemnitor in writing and give the potential indemnitor the right to defend or assist in the defense of the claim.

  4. Consideration. The consideration to be paid by Customer to Contractor, as a result of any agreement between the Parties shall be the amount set forth and agreed to in any verbal or written work order, purchase order, delivery ticket, invoice or other agreement hereafter entered into between the Parties. Payment will be due within 30 days of invoice. Amounts not received within 30 days of invoice date are subject to 1.5% interest per month or the maximum amount allowed by law, whichever is less, beginning on the 31st day after payment was due. In the event Contractor finds it necessary to retain the services of legal counsel to collect any outstanding indebtedness, Customer shall pay all attorney fees, collection service fees, court filing fees and related expenses to collect such outstanding debt.

  5. Warranties and Representations. NO OTHER WARRANTIES HAVE BEEN MADE OR EXIST BY CONTRACTOR OUTSIDE OF THE WARRANTIES CONTAINED HEREIN.

  6. Force Majeure. Contractor will not be liable for failure to perform any of its obligations under these Terms and Conditions during any time in which such performance is prevented by circumstances beyond Contractor’s control including but not limited to an act of God, fire, flood, or other natural disaster, war, embargo, riot, strike, lock-out, labor disturbance, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of Contractor.

  7. Attorneys’ Fees. In the event any litigation arises from breach of these Terms and Conditions or to collect for the services provided under these Terms and Conditions, Contractor will be entitled to recover all reasonable costs incurred including court costs, attorney fees, and all other related expenses incurred in such litigation.

  8. Severability. If any provision of these Terms and Conditions is invalid for any reason whatsoever, these Terms and Conditions will be void only as to such provision, and the remaining terms and conditions will remain binding between the Parties. Any provision voided will be replaced with provisions which are as close to Contractor and Customer’s original intent as permitted under applicable law.

  9. Non-Waiver. The failure or refusal of either Party to insist upon the strict performance of any provision of these Terms and Conditions or to exercise any right in any one or more instances or circumstances will not be construed as a waiver or relinquishment of such provision or right, nor will such failure or refusal be deemed a customary practice contrary to such provision or right.

  10. Venue and Jurisdiction. These Terms and Conditions shall be subject to and governed by the laws of the State of Texas, without regard to choice-of-law principles and irrespective of the fact that one or more of the parties may be or may become a resident of a different state. The parties agree that any and all disputes under these Terms and Conditions shall be filed in the appropriate county, state and federal courts located within Harris County, Texas. Customer hereby waives any claims or objections to personal jurisdiction and/or that such courts will be improper or inconvenient forums.

Terms and Conditions: Text
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