Terms and Conditions

GEC Environmental Contracting, Inc.

TERMS AND CONDITIONS
1. This Contract Agreement supersedes any and all previous contracts or agreements, written or oral and can not be verbally changed by any
employee of GEC or be superseded by any document issued by the Client, even if material is shipped or delivered on that document.
2. Work shall be performed at the discretion of GEC pertaining to the time of day, day of week, weather and site conditions.
3. The Client shall provide rights of entry, permits, and permissions as may be necessary for the performance of services described in the
Proposal/Contract at no cost to GEC, unless the Client notifies GEC otherwise in writing. By executing the Agreement, the Client warrants that
he has obtained all rights of entry and permissions necessary to perform the services described in the proposal.
4. All personnel not under direct supervision of GEC will not be allowed in the work areas until all tasks and clearance confirmation have been
completed. Barriers such as but not limited to fencing, cones and/or caution tape will be used to designate these areas and strict compliance is
necessary for the safety of workers and bystanders alike. It will be the responsibility of the client to notify its personnel of possible safety hazards
and not to enter restricted work areas. It will be the Clients responsibility for potential additional remediation costs in the event an unauthorized
entry is made and cross contamination occurs. GEC will not be responsible for hazard exposure to persons entering the work area unauthorized.
5. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the
Commonwealth of Virginia. Client consents to jurisdiction in the appropriate state or federal court for Loudoun County, Virginia.
6. Either party may terminate this Agreement at any time. However, such termination shall not relieve the undersigned of its obligation to pay for
services previously rendered, including but not limited to, equipment, sub-contractor’s work, and transport and disposal of waste.
7. The failure of GEC to enforce in any or more instances, any covenant or provision, herein contained, shall not be construed as a waiver nor shall it
discharge or invalidate such covenant or provision or affect the right of GEC to enforce the same for any subsequent breach or default.
8. CHANGED CONDITIONS: GEC’s scope of work shall not include the identification, detection, abatement, removal, encapsulation or removal
of asbestos, asbestos products or materials, hazardous or toxic substances or wastes. In the event that GEC encounters any such products,
materials, wastes, substances, of any kind in the course of performing its work, GEC shall have the right to discontinue its work and remove its
employees from the project until such products, materials, wastes, or hazards are mitigated, and GEC shall receive an extension of time to
complete its work hereunder and compensation for delays encountered as a result of such situation and correction of same. Changed conditions
may also occur from faulty building design or building materials. These changed conditions shall not relieve Client of payment for services
rendered. Furthermore GEC shall not be liable for disturbing any hazardous materials, wastes or substances while performing work under this
Agreement.

INDEMNIFICATION AND LIMITATION OF LIABILITY
1. Client agrees to indemnify and hold harmless and defend GEC from any liabilities, claims, penalties, forfeitures, suits, and the costs and expenses
incident thereof (including cost of defense, settlement and reasonable attorney’s fees) which it may hereafter incur, become responsible for or pay
out as a result of death or bodily injuries or illnesses to any person, destruction or damage to any property, contamination of or adverse effects on
the environment, or any violation of governmental laws, regulations or orders, caused, in whole or in part by (i) The Client’s breach of any term,
condition or provision of this Agreement; or (ii) any negligent or willful act or omission of the Client, its employees or subcontractors (if any) in
the performance of this Agreement (iii) GEC’s performance under this Agreement so long as GEC is not grossly negligent.
2. To the fullest extent permitted by law, and notwithstanding any other provision of the Agreement, the total liability, in the aggregate, of GEC and
GEC’s officers, directors, partners, employees, agents, and GEC’s consultants, and any of them, to Client and anyone claiming by, through, or
under Client for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to the negligence, materials defects, professional errors or omissions, strict liability
or breach of contract, or warranty express or implied of GEC or GEC’s officers, directors, partners, employees, agents, or GEC’s consultants, or
any of them, shall not exceed the total compensation received by GEC under this Agreement.
3. GEC will not be liable for any loss or damage caused by delay in furnishing equipment, services or any other performance under this Agreement,
and under no circumstances will GEC incur liability of any kind, including any special, incidental or consequential damages, even if GEC has
knowledge of the possibility of the potential loss or damage. Furthermore GEC shall not be liable for any delays of any kind which delays are
caused by circumstances beyond the reasonable control of GEC, such as but not limited to, technical experts, equipment, sub-contractors
availability, manpower, etc.

PAYMENT TERMS
1. The Client agrees to make payment to GEC upon receipt of invoice, lack of insurance or insurance coverage will not effect payment for the work
performed or any portion of this contract.
2. A finance charge of 1.5% per 30 days, which is an 18% annual rate, will be charged 30 days after invoicing. This finance charge will be based on
the original amount until it is paid in full. The Client agrees to pay all expenses in collecting any unpaid invoices, including but not limited to
attorney’s fees of 35% (the minimum being $100.00). In the event any invoice is not paid within (45) days of the invoice date, GEC shall have the
right to either suspend the performance of further services until all invoices to the Client under this or any other Agreement more than (45) days
past due are paid in full or to terminate the Agreement and initiate proceedings to recover amounts owed by the Client. Additionally, GEC shall
have the right to withhold from the Client the use or possession of any final reports, sampling results, test data, or other documents under this
agreement or any other agreement with the Client until all delinquent invoices are paid in full. Client shall not offset payments of GEC’s invoices
by any amounts due or claimed to be due for any reason. Failure to pay any invoice when due shall constitute a material breach by the Client of
this Agreement.
3. Any disputes pertaining to invoices submitted to the Client shall be directed in writing to GEC within (30) days of the invoice date. If no written
notice of a dispute is provided to GEC within the time period specified above, the invoice shall then be conclusively deemed good and correct.
4. GEC may, at its discretion, require a deposit before beginning work. The deposit amount will have to be negotiated on a per job basis, according
to the type, size, and characteristics of the work.

DBA Applied Restoration Group
ATTACHMENT B, TERMS AND CONDITIONS
1. This Contract Agreement supersedes any and all previous contracts or agreements, written or oral and can not be verbally changed by any employee of ARG
or be superseded by any document issued by the Client, even if material is shipped or delivered on that document.
2. Work shall be performed at the discretion of ARG pertaining to the time of day, day of week, weather and site conditions.
3. The Client shall provide rights of entry, permits, and permissions as may be necessary for the performance of services described in the Proposal/Contract at no cost to ARG, unless the Client notifies ARG otherwise in writing. By executing the Agreement, the Client warrants that he has obtained all rights of entry and permissions necessary to perform the services described in the proposal.
4. All personnel not under direct supervision of ARG will not be allowed in the work areas until all tasks and clearance confirmation have been completed.  Barriers such as cones and caution tape will be used to designate these areas and strict compliance is necessary for the safety of workers and bystanders alike. It will be the responsibility of the client to notify its personnel of possible safety hazards and not to enter restricted work areas. It will be the Clients responsibility for potential additional remediation costs in the event an unauthorized entry is made and cross contamination occurs.
5. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. Client consents to jurisdiction in the appropriate state or federal court for Loudoun County, Virginia.
6. Either party may terminate this Agreement at any time. However, such termination shall not relieve the undersigned of its obligation to pay for services previously rendered, including but not limited to, equipment, sub-contractor’s work, and transport and disposal of waste.
7. The failure of ARG to enforce in any or more instances, any covenant or provision, herein contained, shall not be construed as a waiver nor shall it discharge or invalidate such covenant or provision or affect the right of ARG to enforce the same for any subsequent breach or default.
8. CHANGED CONDITIONS: ARG’s scope of work shall not include the identification, detection, abatement, removal, encapsulation or removal of asbestos, asbestos products or materials, hazardous or toxic substances or wastes. In the event that ARG encounters any such products, materials, wastes, substances, or storage tanks of any kind in the course of performing its work, ARG shall have the right to discontinue its work and remove its employees from the project until such products, materials, wastes, or hazards are mitigated, and ARG shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of such situation and correction of same. Changed conditions may also occur from faulty building design or building materials.  These changed conditions shall not relieve Client of payment for services rendered. Furthermore ARG shall not be liable for disturbing any hazardous materials, wastes or substances while performing work under this Agreement.

INDEMNIFICATION AND LIMITATION OF LIABILITY
1. The Client acknowledges mold is a naturally occurring life form in the environment. If mold is present, an excessive moisture level or food source is also present. It is understood these condition/s must be determined and remedied before effective microbial decontamination can commence. Upon final confirmation of clearance testing at the completion of remediation tasks, ARG will not be responsible for microbial growth reoccurring due to any such conditions.
2. Client agrees to indemnify and hold harmless and defend ARG from any liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereof (including cost of defense, settlement and reasonable attorney’s fees) which it may hereafter incur, become responsible for or pay out as a result of death or bodily injuries or illnesses to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, caused, in whole or in part by (i) The Client’s breach of any term, condition or provision of this Agreement; or (ii) any negligent or willful act or omission of the Client, its employees or subcontractors (if any) in the performance of this Agreement (iii) ARG’s performance under this Agreement so long as ARG is not grossly negligent.
3. To the fullest extent permitted by law, and notwithstanding any other provision of the Agreement, the total liability, in the aggregate, of ARG and ARG’s officers, directors, partners, employees, agents, and ARG’s consultants, and any of them, to Client and anyone claiming by, through, or under Client for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, material defects, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of ARG or ARG’s officers, directors, partners, employees, agents, or ARG’s consultants, or any of them, shall not exceed the total compensation received by ARG under this Agreement.
4. ARG will not be liable for any loss or damage caused by delay in furnishing equipment, services or any other performance under this Agreement, and under no circumstances will ARG incur liability of any kind, including any special, incidental or consequential damages, even if ARG has knowledge of the possibility of the potential loss or damage. Furthermore ARG shall not be liable for any delays of any kind which delays are caused by circumstances beyond the reasonable control of ARG, such as but not limited to, technical experts, equipment, sub-contractors availability, manpower, etc.

PAYMENT TERMS
1. The Client agrees to make payment to ARG upon receipt of invoice, lack of insurance or insurance coverage will not effect payment for the work performed or any portion of this contract.
2. A finance charge of 2% per 30 days, which is a 24% annual rate, will be charged 30 days after invoicing. This finance charge will be based on the original amount until paid in full. At least 10% of the original invoice, and any related charges, must be paid within each 3- day period following the original invoice date. In the event any invoice is not paid within (45) days of the invoice date, ARG shall have the right to either suspend performance of further services until all invoices to the Client under this or any other Agreement more than (45) days past due are paid in full or to terminate the Agreement and initiate proceedings to recover amounts owed by the Client. Additionally, ARG shall have the right to withhold from the Client the use or possession of any reports, project data, or other documents under this or any other agreement with the Client until all delinquent invoices are paid in full. Client shall not offset payments of ARG’s invoices by any amounts due or claimed to be due for any reason. Failure to pay any invoice when due shall constitute a material breach by the Client of this Agreement. The Client agrees to pay all expenses in collecting unpaid invoices, including but not limited to attorney’s fees of 35% (the minimum being $100.00) in the event that no proper payment has been made on the invoice within 45 days of the invoice date, private process service fees, and discovery expenses. There will be a $25.00 charge for any checks returned to our bank.
3. Any disputes pertaining to invoices submitted to the Client shall be directed in writing to ARG within (30) days of the invoice date. If no written notice of a dispute is provided to ARG within the time period specified above, the invoice shall then be conclusively deemed good and correct.

GEC Environmental Contracting, Inc.
DBA Applied Restoration Group
TERMS AND CONDITIONS

ONLINE CREDIT CARD PAYMENTS
The Online Payment Terms constitute a contract between you and G.E.C. Environmental Contracting, Inc.(GEC) DBA Applied Restoration Group (ARG). Please read the terms and conditions carefully. You may either accept or decline the Terms as indicated at the bottom of this page, but to make payment using the PayTrace online payment service, you acknowledge and accept the Terms by use of online payment. All payments of GEC/ARG invoices using the online credit card facilities are subject to the following conditions. GEC accepts the following cards:

  • American Express
  • Discover
  • MasterCard
  • Visa

You warrant that:

  • You are 18 years of age or over
  • You have the appropriate authority to validly accept the Online Payment Terms and are able to and will meet your obligations in
    relation to these Terms.
  • The credit card used in connection with the online payment service is issued in your name or you are authorized to use the credit card.
  • You will pay the credit card issuer all charges incurred in the use of the service.
  • The information supplied by you is true and correct.

When you complete the online payment form, funds will be deducted from your credit card in USD currency. All payments are debited to GEC. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in GEC’s records. Credit card payments are secure:

  • Payments will be processed directly by PayTrace (US dollar transactions) using Secure Socket Layer (SSL) technology.
  • Credit card numbers are protected with a high level of encryption when transmitted over the Internet.
  • GEC does not store in any way your credit card details.

Confirmation:

  • If successful, you will receive a confirmation notice of your completed payment.
  • If unsuccessful, you will be advised that your payment has failed. GEC will not be advised why a payment has failed; therefore, you
    should contact your credit card provider for details.
  • If your payment fails, please use another payment method to pay your invoice.
  • GEC will confirm your payment details via email.

By using GEC’s online credit card facilities, you accept and consent to your personal data being provided to the PayTrace, US Transactions Corp for sole purpose of offering and administering the online payment. We respect the privacy of every individual who pays through our site. The GEC websites have security measures in place to protect the loss, misuse and alteration of the information under our control. GEC’s Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction. If you have any questions or concerns, please contact support by email at info@gecenvironmental.com or telephone at 1-540-882-3802. Important security note: Never transmit credit card information by e-mail.