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<br />CUSTOMER SERVICE AGREEMENTTERMS
<br />REQUIREMENTS SUPPLIED. Customer orders from UniFirst Corp. (UniFirst'I the rental garments and/or other items of the type specked in this Agreement (Merchandise')
<br />and related pickup/delivery and maintenance services (collectively with Merchandise, "Services") for all of Customer's requirements therefor, at the prices and upon the terms
<br />and conditions set forth herein. Additional Services requested by Customer, verbally or in writing, will also be covered by this Agreement. All rental Merchandise supplied to
<br />Customer remains the property of UniFirst. Customer warrants that it is not subject to, and that this Agreement does not interfere or conflict with, any existing agreement for the
<br />supply of the Merchandise or Services covered.
<br />PERFORMANCE GUARANTEE. UNIFIRST GUARANTEES TO DELIVER HIGH-QUALITY SERVICE ATALL TIMES. All items of Merchandise cleaned, finished, inspected,
<br />repaired and delivered by UniFirst will meet or exceed industry standards, or non -conforming items will be replaced by the next scheduled delivery day at no cost to Customer.
<br />Items of rental Merchandise requiring replacement due to normal wear and tear will be replaced at no cost to Customer, save for any applicable personalization and setup charges.
<br />Customer expressly waives the right to terminate this Agreement during the initial term or any extension thereof for deficiencies in the quality of Services unless: (1) complaints
<br />are first made in writing to UniFirst which set forth the precise nature of any deficiencies; (2) UniFirst is afforded at least 60 days to correct any deficiencies complained of; and
<br />(3) UniFirst fails to correct those deficiencies complained of within 60 days. In the event Customer complies with the foregoing and UniFirst fails to correct such deficiencies,
<br />Customer may terminate this Agreement by written notice to UniFirst, providing that all previous balances due to UniFirst have been paid in full and that all other conditions
<br />to terminate have been satisfied. Any delay or interruption of the Services provided for in this Agreement by reason of acts of God, fires, explosions, strikes or other industrial
<br />disturbances, or any other cause not within the control of UniFirst, shall not be deemed a breach or violation of this Agreement.
<br />TERM AN D RENEWAL. This Agreement is effective when signed by both the Customer and UniFirst Location Manager and continues in effect for 60 months after installation
<br />of Merchandise (for new customers) or any renewal date. This Agreement will be renewed automatically and continuously for multiple successive 60 -month periods unless
<br />Customer or UniFirst gives written notice of non -renewal to the other at least 90 days prior to the next expiration date.
<br />PRICES AND PAYMENTS. Prices are based on 52 weeks of service per year. Any increase(s) to Service Frequency could result in additional charges. On an annual basis,
<br />the prices then in effect will be increased by the greater of the annual percent increase in the Consumer Price Index -AII Urban Consumers, Series 10: CUUROOOOSAG, other
<br />goods and services, or by 5%. Additional price increases and other charges may be imposed by separate written notice or by notation on Customer's invoice. Customer may,
<br />however, decline such additional increases or charges by notifying UniFirst in writing within 10 days after receipt of such notice or notation. If Customer declines said additional
<br />price increases, UniFirst may terminate this Agreement. Customer also agrees to pay the other charges and minimum weekly charge herein specified. Charges relating to a
<br />wearer leaving Customer's employ can be terminated by (1) giving notice thereof to UniFirst and (2) returning or paying for any missing Merchandise issued to that individual.
<br />Any Merchandise payments required pursuant to this Agreement will be at the replacement price(s) then in effect hereunder. If an authorized Customer representative is not
<br />available to receive and acknowledge delivery of Merchandise, Customer authorizes UniFirst to make delivery and assumes responsibility for related charges/invoices.
<br />If Customer fails to make timely payment, UniFirst may, at any time and in its sole discretion, terminate this Agreement by giving written notice to Customer, whether or not
<br />UniFirst has previously strictly enforced Customer's obligation to make timely payments. Customer agrees to pay, and will pay, all applicable sales, use, personal property and
<br />other taxes and assessments arising out of this Agreement.
<br />DEFE CHARGE. Customer's invoices may also include a DEFE charge to cover all or portions of certain expenses including:
<br />D = DELIVERY, or expenses associated with the actual delivery of Services and Merchandise to Customer's place of business, primarily Route Sales Representative
<br />commissions, management salaries, vehicle depreciation, equipment maintenance, insurance, road use charges and local access fees.
<br />E = ENVIRONMENTAL, or expenses (past, present and future) UniFirst absorbs related to wastewater testing, purification, effluent control, solids disposal, supplies and
<br />equipment for pollution controls and energy conservation and overall regulatory compliance.
<br />F = FUEL, or the gas, diesel fuel, oil and lubricant expenses associated with keeping UniFirst's fleet vehicles on the road and servicing its customers.
<br />E = ENERGY, primarily the natural gas UniFirst uses to run boilers and gas dryers, plus other local utility charges.
<br />MERCHANDISE. Customer acknowledges and agrees to notify all employees that Merchandise supplied is for general occupational use and, except as expressly specified
<br />below, affords no special user protections. Customer further acknowledges that: (1) Customer has unilaterally and independently determined and selected the nature, style,
<br />performance characteristics, number of changes and scope of all Merchandise to be used and the appropriateness of such Merchandise for Customer's speck needs or
<br />intended uses; (2) UniFirst does not have any obligation to advise, and has not advised, Customer concerning the fitness or suitability of the Merchandise for Customer's
<br />intended use; (3) UniFirst makes no representation, warranty or covenant regarding the performance of the Merchandise (including without limitation Flame Resistant and
<br />Visibility Merchandise); and (4) UniFirst shall in no way be responsible or liable for any injury or harm suffered by any Customer employees while wearing or using any
<br />Merchandise. Customer agrees to indemnify and hold harmless UniFirst and its employees and agents from and against all claims, injuries or damages to any person or property
<br />resulting from Customer's or Customer's employee use of the Merchandise, whether or not such claims, injuries or damages arise from any alleged defects in the Merchandise.
<br />Flame Resistant ("FR') Merchandise supplied hereunder is intended only to prevent the ignition and burning of fabric away from the point of high heat impingement and to
<br />be self -extinguishing upon removal of the ignition source. FR items will not provide significant protection from burns in the immediate area of high heat contact due to thermal
<br />transfer through the fabric and/or destruction of the fabric in the area of such exposure. FR items are designed for continuous wear as only a secondary level of protection.
<br />Primary protection is still required for work activities where direct or significant exposure to heat or open flame is likely to occur.
<br />Visibility Merchandise is intended to provide improved conspicuity of the wearer under daylight conditions and when illuminated by a light source of sufficient candlepower at night.
<br />It is Customer's responsibility to determine the level of conspicuity needed by wearers under specific work conditions. Further, Customer agrees that Visibility Merchandise alone
<br />does not ensure conspicuity of the wearer and that additional safety precautions may be necessary. The Visibility Merchandise supplied satisfied particular ANSI/ISEA standards
<br />only when they were new and unused and only if so labeled. Customer acknowledges that usage and laundering of Visibility Merchandise may adversely affect its conspicuity.
<br />1- lealthcare/FoodLRetated Customer acknowledges that: (1) UniFirst does not guarantee or warrant that the Merchandise selected by Customer or that processed garments
<br />delivered by UniFirst will be appropriate or sufficient to provide a hygienic level adequate for individual Customer's needs; and (2) optional poly -bagging' is recommended
<br />to reduce the risk of cross -contamination of Merchandise, and the failure to utilize such service may adversely affect the efficacy of UniFirst's hygienic cleaning process.
<br />(` Poly -bag services incur additional charges.)
<br />If any Merchandise supplied hereunder is Merchandise that: (1) UniFirst does not stock for whatever reason (including due to style, color, size or brand); (2) consists of
<br />non-UniFirst manufactured or customized FR Merchandise; or (3) consists of Merchandise that has been permanently personalized (in all cases known as "Non -Standard
<br />Merchandise"), then, upon the discontinuance of any Service hereunder at any time for any reason, including expiration, termination, or cancellation of this Agreement, with
<br />or without cause, deletion of any Non -Standard Merchandise from Customer's Service Program, or due to employee reductions (in each case a "Discontinuance of Service"),
<br />Customer will purchase at the time of such Discontinuance of Service all affected Non -Standard Merchandise items then in UniFirst's inventory (in-service, shelf, as well as any
<br />manufacturer's supplies ordered for Customer's use), paying for same the replacement charges then in effect.
<br />Customer agrees not to contaminate any Merchandise with asbestos, heavy metals, solvents, inks or other hazardous or toxic substances ("contaminants'. Customer agrees
<br />to pay UniFirst for all Merchandise that is lost, stolen, damaged or abused beyond repair. As a condition to the termination of this Agreement, for whatever reason, Customer
<br />will return to UniFirst all standard Merchandise in good and usable condition or pay for same at the replacement charges then in effect.
<br />OBLIGATIONS AND REMEDIES. If Customer breaches or terminates this Agreement before the expiration date for any reason (other than for UniFirst's failure under the
<br />performance guarantee described above), Customer will pay UniFirst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be
<br />difficult to calculate with reasonable certainty) an amount equal to 50 percent of the average weekly amounts invoiced in the preceding 26 weeks, multiplied by the number
<br />of weeks remaining in the current term. These damages will be in addition to all other obligations or amounts owed by Customer to UniFirst, including the return of Standard
<br />Merchandise or payment of replacement charges, and the purchase of any Nonstandard Merchandise items as set forth herein.
<br />This Agreement shall be governed by Massachusetts law (exclusive of choice of law). If a dispute arises from or relates in any way to this Agreement or any alleged breach
<br />thereof at any time, the parties will first attempt to resolve the claim or dispute by negotiation at agreed time(s) and location(s). All negotiations are confidential and will be
<br />treated as settlement negotiations. Any matter not resolved through direct negotiations within 30 days shall be resolved exclusively by final and binding arbitration, conducted
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