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Page 7 of 8
<br />Customer Service Agreement Terms
<br />REQUIREMENTS SUPPLIED. Customer orders from UnlFlrst Corp. {" Unlreso the renal garments and/or other items of the type specified in tits Agreement ('Mercharhtlise')
<br />and related pickup/deiivery and maintenance services (collectively with Merchandise, `Services') for all of Customer's raquiruemets therefor• at the prices and upon the tents -
<br />and co ditlons set forth herein. Additional Services requested by Customer, verbally or in writing, will also be covered by this Agreement Ali rental Merchandise suppliet to -
<br />Customer remains the property of Uni5irst Customer warrants that it is not subject to; and that this Agreement does not interfere or conflict with, any existing agreement for the ... . .
<br />wppy of the Merchandise or Services covered. -
<br />: PERFDRMANCE GUARANTEE. UNIFIRST GUAtudfTEES TO DELflt6i HIGH-QUALITY SERVICE AT ALL TIMES. All terns of Merchandise cleaned,fnL9hetl,-
<br />.::repaired and delivered by Un[Fvst will meet or exceed industry standards, or norrconfonning Items wit be replaced by the next scheduled delivery day at no cost to Customer... . .
<br />...: Heins of renal Merchandise requiring replacement due to normal wear and tear will be replaied at no cost to Customer, save for any applicable personalzation and setup charges.
<br />Ciotome expressly wahres the fight to termli ate this Agreement during the Inhlal term of my extension thereof fortefldences in the quality of Servlees unkss: (1) complaints
<br />ante first made In writing to UniFlrst which set forth the precise nature ofany defakricies; (2) UNFirst is afforded at least 60 days to correct any defidierxies complained of; and .
<br />'..'(3) UNFlrst falls to correct those defidendas complained of within 60 days. kl the event Customer compiles with tine foregoing and UNFirst fails tocorrectsuch deridatdN,
<br />Ctutomer may terminate this Agreement by written notice to UNFest providing thM ai previous balances due tO UNFust have been paid In full and that an other corimm . ;
<br />' . b terminate have been satisfied. Any delay or Interruption of the Services provided for in this Agreement by reason of acts of God. fdw; explosions, strikes «other Ittikow
<br />dshtfbences. Or any Other cause not within the control of UniFirat, shag not be "amed a breach" violation of this Agreemet/..
<br />TERM AND RENEWAL This - u .. :..: .. .
<br />Agreement Is effective when signed by Itch the CtstNihM and UNFlrst Location .... • ... r.:. : • . -
<br />: tit Mercnardbe (for new customers « Manager and eaNinues In aEeet lof�aibilHtt ager fns'tBHeHtiq:' .
<br />arty renewal date. This Agreement will be mewed automatically and continuously for mui0ple wooesslve allista h perlwit unless .
<br />:..Cuttorrer orUnir-W gives writen noticeof nohtenewal to the other at least 90 days ctrl« to the next expiration date. .
<br />ERICES AND PAYMENTS. Paces are based on 52 weeks of service per year. Any increase(s) to Service Frequency could result In additional charges. On an annual basLS,
<br />.. ee prices then In effect will be increased by Ina greater N the annual percent increase In To Consumer Prim Index -Ab Urban Consumers, Series ID: CUUROOOOSAG, other y.. .
<br />�.90WS and services, or 5%, Additional price increases and outer charges may be Imposed by separate written notice «by naadort on Customer's invdm. Customer may,
<br />.however. decline such additional increases or charges by notit}Mg UrIFlrst in writing within 10 days after receipt of such notice ornotation. t Customer declines sad additional
<br />price Increases, UniF'Irst may terminate this Agreement Customer also agrees to pay the other charges and minimum weekly charge herein specified. Charges rei" to a
<br />wearer leaving Customers employ can be terminated by (1) giving notice thereof to UNFirst and (2) returning "paying for any missing Merchandise issued to that Individual,
<br />Any ]Merchandise payments required pursuant to Ins Agreement will be at the replacement price(s) then In affect hereunder. If an authorized Customer representative Isnot
<br />'.. : ahgilable to receive and acknowledge dervery of Merchandise, Customer authorizes llniFirst so make delivery and assumes responsibility for related chargesionrolces.
<br />'H Customer fsbasbmeltetmely paymnere,ilral may, ataryiirr and7n Htiiofed - .
<br />LagFlrst has previously acridly erdoreed dalOornOfs IsctWpHilittYElMe W s PgtMnett by giving vrt applicable
<br />able S l Customer, aiM pMlM
<br />. 'obl�imhb mab1HIM4Ypayrmelef. QW6maragfeasfo p�pr, altntl pay, allapPllraDle sales) we,'P01'6gW pfppetgtst�
<br />pMrtaxesarMassessmemsartsingadofWaApraement..[..:':'.: .. .' .. '
<br />OEFE CHARGE Customers ifrvo ces may also b shfde a DEEE dtarye to mveral(Arportlons of certain expenses UteYidinp `
<br />D a DELIVERY. «expenses as50date0 w tit the actual delivery nf Se vices and e1e/f7 a hdLse to Custome s P ace of business, pnmrliwil a Sdif *i0ew11�1 a
<br />. "oornmlasions,managemera salaries. vehlcla tlepfeciatdfh, equipment mainteranm,Nsurance, road use charges ant local exessfeet• .' . ;. . i• ..
<br />E e FlNIRONMENTAL, ore
<br />xpenses (past, present and future) UNFO'st abs«DS reWted ro wastewater resting, purlRCaaion,eftkrerH c011hs1, toids'dpew,.itippllas alld.r: .
<br />'.igWpment for politdn control and energy c«seivadon and overall regulatory compliance. � .
<br />«the pas, diesel fuel,
<br />expenses assodand with keeping us
<br />soterlcaluteity charges, road dirt aenkYgAewlbHfens, .•..,..
<br />-
<br />::a � EhJERC,`l, primarily the natural gas UNFlrst uses to run-thNlers and gas dryers, plus other kcal utility Gorges..
<br />MERCHANDISE Customer acknowledges and agrees to notify all employees that M&-cTa dise Supplied is for gerbral oearpatlonal use and, eadepla} a wassty spedHFM
<br />below, affords no special user protections. Customer fuller adknavledges that: (1) Customer has unilaterally and i dependently date mhied and etlectetl me nature, Style,
<br />performance characteristics, number of changes and scope of all Merchandise to be used and the appropriateness of such Merchandise f« Customers specific needs « ..
<br />intended uses; (2) UniFirst does cot have any Obllgadon to advise, and has not advised, Customer conceming the fitness «suitability of the Merchandise f« Customers
<br />intended usr, (3) UNFirst makes no representation, warranty of covenant regarding the perlontence of the Merdhandlse (Including without limitation Flame Resistant and
<br />Vlalbli ty Merchandise); and (4) UnlFirst shall In no way be responsible or liable for any Injury or harm Suffered by any Customer employees while wearing or using arty
<br />;: Merchandise. Customer agrees to Indemnify and tad harmless UNF'cst and its employees and agents from and against all Balms, Injuries or damages to arty person or Property .`
<br />(esuhirtg from Custmmes or Customers employee use of the Merchandise, whether or not such claims, injuries or damages arise from any alleged defects in the Merchandise.
<br />Flema Resistant ('FR') Merchandise supplied hereunder Is Intended only to prevent the Ignition and burning of fabric away from the point of high heat unPlrgemud and to
<br />.be W -extinguishing upon removal of the Ignition source. FR items will not provide significant protection from bums In the Immediate area of high heat contact due to thanno
<br />tfander through the tabiic andlor da*ucdon of the fable In rhe area of such exposure. FR tentative designed for continuous wear as only a secondary level of protection:
<br />.. .. ';:,1 Y Protection Is snit required f« work acrivKes where direct or sign iard exposure to heat or open flame is likely ro occur. .
<br />IHEIblaty Memhan&se is Intended to provide Int
<br />.. proved corspiwlty, of tM wmrer order daylight conditions and when Iikanunated D a ' . -
<br />.. is Customers responsibility to deterNne the level of conspicuity needed by wearers under - Y u9tr source of sutfidant candlepower a Nght.
<br />does riot ensure con seedy, work conditions. Further. Customer agrees tient Visibility Merchandise alone -
<br />spifauydtMwarorardehstaddltianalsafetyprobaWionsmayeenecessary. The Vlslbiliy, Merchandise, Supplied satisfied particWarANSInSFJ standards .. .
<br />. ...
<br />. -iffy when they were newel is ittlladibrWMdrHso labeled. CupbaMratludw ledges that usage ant laundering df Vrslbtity Merchandise may adversely affect Its conspicuity.
<br />.:. .• `HiWthcam Food -Related CiL stomer aUdtoaAeEpes that (1) UNFbat does not guarantee or warrant that the Merchandise Selected by Customer Of that processed garments
<br />debvered by UniFirst will be appropriate or sufficient to Provide a hyglenlc level adequate for individual Customers needs; and (2) optional poly -bagging' is
<br />recommended '
<br />b reduce the risk of cross -contamination of Merchandise. and the failure to utiles such service may adversely affect the ebkady of UnlFkst'a hygienic cleaning process. .
<br />Poly -bag services incur additional .
<br />-. charges.) ._.. .... ...
<br />Harry Merchandise suppietl hereunder is Merchandise that
<br />odes notsbelt torvdiiWnr reasorh(Indludbg cup to *W, eoiai, 40 of bfell(2)oors1, of
<br />71orrUitFlrst manudactured orcustomized FR Mercha)dise: or(3) ecnsists of M&rcher flw tot ria+ been Peithhenrhty pmOr a7ized (in as COfs'knewn as'Nm Sordard .
<br />? #krcttandise'), then, upon the discontinuance of any Service hereunder at anytime for any reason, including expiration, termination. or eanitede lot Will Agreeme t with
<br />... 'arwittwut cause, deletionof any Non -Standard Menrhardlse homy Customer's Service Program, or due to employee reductions (In each case -a "Discontinuance of Ser, ic;.)
<br />:'Customer wli purchase at the time of such Discontinuance of Service all affected Non-Sordard Mardis dise, hems then in UNFirsYs mv&rrl (Urservice, shelf, as wel as afty�
<br />,:asihufacturers Supplies ordered f« Customer's use), paying for Same the replacement charges then bit effect-
<br />Customer
<br />ffect .
<br />: Customer agrees not ro eomeminsaitany Merchandlse with asbestos, hhazardous_ - ... - -
<br />. to pay UniFirst for all Merchandise that is lost, stolen, �' metals, pair. A s, Inks «other h e e mina ionoft is Agr em ('contaminantsr reason;
<br />agrees .
<br />.. .. damaged l abused beyond repair. me amndM«h to the termination of this effect. ant, for whatever reason; Clutomei' '
<br />teH return to UnlFirst all standard MerUharhtliSe lo good and usable condition or pay for same at the replacement charges then bit e1feOt..
<br />.. ' OBLIGATIONS AND REMEDIES. If Customer breaches Of terminatea this Agreement before the expiration date for any reason (other ton for lkdFlrsCalagura tindeftlle.. .
<br />.. .Wonrw m guarantee described above), Customer will pay UNFirsL�as liquidated damages and not az a .. .
<br />penaky (the partes ec ding 2 we mat actual damagesnumbere
<br />" ': (1lfficult ro calculate with reasonable ceralMy) rm aratrnt equal ro SOpetconf of the average weekly amounts Invoiced in the preceding 26 weeks, multiplied by the number
<br />..
<br />'of weeks remaining In the current term. These damages will be addition to all other obligations or amounts owed by Customer to UnlRrst including the return 'df Standard
<br />M rchandise or payment of replacement charges, and the purchasentarry' Non -Standard Merchandise Items as set forth herein.
<br />This Agreement shall be governed by Massadhusebs law (excusive d Choice of law). t a dispute arises from or relates in anyway to this Agreement any alleged breach thereof ,
<br />':lit 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 treated as _
<br />... :: settlement negotiations. Any matter not resolved through direct regdtlations within 30 days shall be resolved exclusively by final and butding arbitration. conducted In to capital
<br />tiny Ofthe state where Customer has Its pnrdpal Plain of business (or some other location mutually agreed); pursuant to the Commercial Arbitration Rules or lime American
<br />Arbitration Association; and, governed by the Federal Arbitration Act, to the exclusion of state law Inconsistent therewith. The les will "
<br />«ctalm. The successful or substantially pan agree upon one (1) Arbitrator recover
<br />v settle the-
<br />: .. .... rhtuiy prcvaiing pity H dry proceeding. Including any appeals thereof (as determined by the Arbitratorrcoun)shell recover all of Its
<br />: .: hosts am expenses Including; without Wnhaton, reasonable attorney fees, witness fees and dscwery, costs, an of which shall be included In and az a pan of the judgment or award' -
<br />'ienderad hereunder. This provision f« Arbitration is specifically enforceable by the parttes; the Arbitrator shall have no power to vary«gnore the provisions h«eof and, the :1
<br />. .: :.dsdsion of the Arbitrator in accordance herewith; may be entered in any eclat having jurisdktionthereof. Customer acknowledges that, with respect to all such disputes, It has . 4 -
<br />Voluntarily and knowingly waived any right b may have to a jury trial or to participate Ina can action or class litigation as a representative of any other persons or as a member of
<br />.. .. arty class of persons, orto consolidate its claims with those of any other persons or class of persons. If tons prohibition against class Ihigationis r led to be
<br />unenforceable 1« any .{.
<br />reason in any proceeding; then the prohibition against class Ift4abon shall be void and of no force and effect in that proceeding:
<br />.. .. - MSCELLANEOUS. The paries agree that this Agreement r - .
<br />epreserts the entire, agreenent tretvrtan them. In the event Customer issues 8 purishiseOrderb LkrdPlnst at
<br />. ...:airy time, crone of the standard pro -panted terms and dordWohs therein shall have any application to this Agreement Of any transactions occurring pursuant hereto or thereto.
<br />_ "UMFmrstmay. in its sole discretion, assign this Agreement. Customer may not assign INS Agreement without the prior written consent of UNFust, Customer agrees that In
<br />event it sells or transient its business, it will
<br />require the purchaser ortransferee reassume all obligations and responsibilities untie this Agreement provitled the: such
<br />.,eseumptionShall not relieve Customer of its liabilities hereunder; and provided further that any fail," by a purchaser or transferee to assume this Agreement shall constitute a
<br />broach and eddy terminarlon of this Agreement resulting In the obligation to pay all amounts on account thereof az set forth in this Agreement Neither party will be fable for
<br />,=0t Incidental, consequential, special or punitive damages. In no event shall UnlFirsrs aggregate llabhiry to Customef for any and all claims exceed the sum of all amounts '
<br />60tu011y paid by Customer to UniFlrst In the event any porion of this Agreement is held by a court Of comPetern jurisdiction or by a duty appointed arbitrator to be
<br />' aft orceeble, the balance will remain in elect All written notices provided to UNFirst must be sent by ceNfied mail to the attention of the Location Manager, In Texas and
<br />a .
<br />.. :.: aerreln otherlecetonharumFuats Dtsihess lsmr4uctedby.WA1h*%rm*Un(FWa used herein means, Unifitst Holdings. Inc. db.a UnlFlrst
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