Terms & Conditions

DFW MOVERS & ERECTORS, INC. Hereafter called “DFW”

1. PAYMENT
   Customer agrees to pay DFW in full all charges arising from, or incidental to, the work contracted for herein, as billed by DFW, within the agreed upon payment terms shown on the front hereof, or on a written purchase order, without regard to any offsets claimed by Customer.
2. INTEREST
   Customer expressly agrees that, upon default in the payment of the sums due hereunder, DFW shall be entitled to interest on the past due balance in the amount of eighteen percent (18%) per annum or maximum by law commencing the eleventh (11 th ) day after the completion date until paid.
3. MECHANIC’S AND MATERIALMEN’S LIEN
   Upon the occurrence of any default in any payments due hereunder, customer expressly acknowledges the right of DFW to a mechanic’s and materialmen’s lien in the amount of the balance due at the time of default, hereby waiving any and all statutory notices required to be given by DFW as conditions precedent to the establishment of such liens, the grant herein being in addition to, and not in lieu of, any and all remedies at law or equity otherwise available to DFW for enforcement or collection of this contract.
4. INDEMNITY
   Customer expressly warrants to DFW that, as of the date of execution hereof, There is in force a contract of insurance that covers DFW, its officers, employees, and agents, For any and all liability to any person for death, personal injury, or property damage of any Type directly or indirectly caused by omissions or negligence of others, as it relates to the Performance of DFW duties hereunder; and, in addition, whether customer is covered by such Insurance or not. Customer hereby agrees to indemnify and hold DFW, its officers, employees, And agents, harmless for any and all liability to any person for death, personal injury, or, Property damage of any type directly caused by the performance of DFW duties hereunder, Customer further agrees to be solely responsible to any person for any and all property and Incidental damage to all roads, bridges, driveways, parking lots, slabs, water mains, sewers, And other such structures, whether sub-surface or on the surface, over which the equipment Herein is to be operated. “person” as used herein shall include natural persons, corporations, Municipalities, utilities, and unincorporated business associations. A copy of DFW’s certificate of Insurance detailing coverages and limits, will be made available upon request.
5. REMEDIES
   DFW may enforce this contract by any and all means available to it under the law including, but not limited to, any action seeking damages or recision or foreclosures of its mechanics’ and materialmen’s lien, or any combination thereof; provided that, if DFW should place this contract in the hands of an attorney for enforcement then Customer shall be liable to DFW for the payment of all attorney’s fees reasonable in relation to the work expended, whether enforcement is effected by suit and judgment thereon or by settlement of the claim.
6. CONFLICT OF LAWS
   This contract shall be construed according to the laws of the State Of Texas, and the parties agree that venue of any action herein shall lie in Tarrant County, Texas, without regard to the place of contracting or the place of performance.
7. MERGER
   These terms and conditions, together with the front hereof, constitute the entire agreement between the parties, and no deletion in them shall be binding on either party unless stricken by hand and initialed by each party in the margin alongside the deletion. All extensions hereof shall be in writing, and no oral modification of this agreement of any type shall be binding on either party hereto.