TERMS AND CONDITIONS OF SERVICE

 

                  The terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”.  In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.

Definitions

(a)     “Company” shall mean TDM Water Specialists, its subsidiaries, related companies, agents and/or representatives;

                (b)  “Customer” shall mean the person for which the Company is rendering service.

(c)   “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;

              

                  Limitation of Actions.

                  (a) Unless subject to a specific statue or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within ninety (90) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.

 

Insurance.  Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure

 insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

Costs of Collection.  In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.

 No Modification or Amendment Unless Written.  These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

 Severability.  In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

Governing Law; Consent to Jurisdiction and Venue.  These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of California without giving consideration to principals of conflict of law.  Customer and Company

(a)     irrevocably consent to the jurisdiction of the United States District Court and the State courts of Texas;

(b)     agree that any action relating to the services performed by Company, shall only be brought in said courts;

(c)     consent to the exercise of in personam jurisdiction by said courts over it, and

(d)     further agree that any action to enforce a judgement may be instituted in any jurisdiction.