HomeMy WebLinkAboutSourcewell/UNIFIRST - Customer Service Agreement - 9.6.2022PAGE 1 OF
UniFfrst Sourcewell
N EW ACCpU NT E
1I TAL IRON DATE
EX15Tf N G ACCOUNT ❑
M/ DID/ YYTY
COMPANY NAME (Customer) it
ADDRESS 62 5 Glenwood Street
of Waterloo
Waterloo Iowa 5.0703
PH NE 319-29 1-44 0
CUSTOMER SERVICE AGREEMENT
L_ NO.
ROUTE N_
DATE O / 1 Of22
SIC/NAILS
The undersigned (the "CUSTOMER") orders from UniFirst Corporation andlor liniFirst Holdings, Inc. d.b.a. UniFirst andlor UrliFirst Canada LTD. ("UNIFIRST`) the rental service(s) at the prices and upon the conditions
outlined,
ITEM
DESCRIPTION
0102 - LS Standard Shirt
0202 - SS Standard Shirt
023C= SS High Vis Shirt
01 - LS High is Shirt
08R - FR shirt
1 "[ KT - FR 1Q Jeans
1002 - Uniform Pants
11091 - Classic Jeans
7! A - 3x5 Great Impressions Mat
76GB - 4x6 Great impressions Mat
76GC-3x10 Great Impressions Mat
U M 8 - 3x5 Safety Mat
ULI6 - 4x6 Logo Mat
802 - Shop towels
7521 - Fender Covers
61 - Roll Towels
9993 -1 Roll Towel Cabinet
8 - Towels
LOST/
DAMAGED
REPLACEME
NY CHARGE
M EFtCNAN D1SMFtViCED
SERVICE
FREQU ENC
Y
1
1
1
1
1
1
1
1
1
1
1
NO. OF
PERSONS/
ISSUE PER
PERSON
TOTAL NO.
OF
CHANGES/
PIECES
PRICE PER
CHANG EJ
PIECE
STANDAR
D/ N-
STA 1 D R
DI
$0.16
$0.14
$0.28
$0.32
0.67
$0.22
$0,25
51.20
$1.92
2,40
$3.12
0.05
0,52
,
95
0. 00
0, 0
Minimum weekly charge applies, equal to 75% of the r n iti a1 weekly Ens II va [u e.
•
TOTAL
FULL
SERVICE
TOTAL
VAL-U-
LEASE2
OTHER CHARD _
Garment preparation per piece
Minh
Name emblem per piece
Company emblem & American flag per piece
Direct Embroidery: Wearer name per piece
Company name per piece
AMOUNT
$0.75
$0.45
1.5O
L
PAYMENT TERMS:
C.O.D. p
OTHER CHARGES
Non -stock sizes per piece
Special cuts per piece
Restock/Exchange per piece
Automatic Wiper Replacement
Automatic Towel Replacement
DEFE (See description on reverse side)
E.F.T.
Approved Charge3
AMOUNT
2% ( $0,26
12% ! $2.14
Sourcewell #2491. All prep, emblem and special size charges waived at initial install. This master agreement
includes Public Works and Waste Management.
Approved charge: CUSTOMER agrees to make payments within 30 days of invoice receipt. A late charge of
1 % per mo rit h (18 % per year) for any amount in arrears may be app[ i ed.4
SALES REP: David Beckett
A EPTEI :
SALES REP (Print Name)
08/10/22
DATE
LOCATION MANAGER (Signature) DATE
LOCATION! MANAGER (Print Name and Title)
1 Out -sizes of otherwise Standard Merchandise are deemed to be Non -Standard Merchandise- ,
2 Merchandise which is VaI-U-Leased is not cleaned by UniFirst.
Charge status contingent upon continuing credit worthiness and may be revoked at UniFir is discretion,
1•
The undersigned agrees to the shed Customer Service Agreement Terms aid attests to have the authority to
execute for the named UJSTOM and to approve use of any per I izton - including logos or bra i nti es - that
has been requested,
mart
ACCEPTED:
CUSTOMER (Signature)
Quentin Hart
CUSTOME.R(Print Name and Title)
EMAIL
Sept. 6, 2022
4 A!I returned checks and declined credit/debit cards subject to processing fee.
This Agreement is effective only upon acceptance by UniFirst Location Manager,
DATE
PAGE 2 OF 2
CUSTOMER SERVICE AGREEMENT TERMS
REQUIREMENTS SUPPLIED. Customer orders from UniFirst Corp. ( UniFirst")the rental garments and/or other items of the type specified in this Agreement ("Merchandise") and
related pickup/delivery and maintenance services (collectively with Merchandise, "Services") for all of Customer's requirements therefor, at the prices and upon the terns 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 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 supply of
the Merchandise or Services covered.
PERFORMANCE GUARANTEE. UNIFIRST GUARANTEES TO DELIVER HIGH -QUALITY SERVICE AT ALL TIMES. All items of Merchandise cleaned, finished, inspected,
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.
Items of rental Merchandise requiring replacement due to normal wear and tear will be replaced at no costto Customer, save for any applicable personalization and setup charges.
Customer expressly waives the right to terminate this Agreement during the initial tens or any extension thereof for deficiencies in the quality of Services unless: (1) complaints
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
(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,
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 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
disturbances, or any other cause not within the control of UniFirst, shall not be deemed a breach or violation of this Agreement.
TERM AND RENEWAL This Agreement is effective when signed by both the Customer and UniFirst Location Manager and continues in effect for 60 months after installation of
Merchandise (for new customers) or any renewal date. This Agreement will be renewed automatically and continuously for multiple successive 60-month periods unless
Customer or UniFirst gives written notice of non -renewal to the other at least 90 days prior to the next expirationdate.
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, the
prices then in effect will be increased by the greater of the annual percent increase in the Consumer Price Index -All Urban Consumers, Series ID: CUUROOOOSAG, other goods
and services, or by 5%. Additional price increases and other charges may be imposed by separate written notice or by notation on Customers invoice. Customer may, 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 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 wearer
leaving Customers employ can be terminated by (1) giving notice thereof to UniFirst and (2) returning or paying for any missing Merchandise issued to that individual. 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 available
to receive and acknowledge delivery of Merchandise, Customer authorizes UniFirst to make delivery and assumes responsibility for related charges/invoices.
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
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
other taxes and assessments arising out of this Agreement.
DEFE CHARGE. Customers invoices may also include a DEFE charge to cover all or portions of certain expenses including:
D = DELIVERY, or expenses associated with the actual delivery of Services and Merchandise to Customer's place of business, primarily Route Sales Representative
commissions, management salaries, vehicle depreciation, equipment maintenance, insurance road use charges and local access fees.
E = ENVIRONMENTAL, or expenses (past, present, and future) UniFirst absorbs related to wastewater testing, purification, effluent control, solids disposal, supplies and
equipment for pollution controls and energy conservation, and overall regulatory compliance.
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.
E = ENERGY, primarily the natural gas UniFirst uses to run boilers and gas dryers, plus other local utility charges.
MERCHANDISE. Customer acknowledges and agrees to notify all employees that Merchandise supplied is for general occupational use and, except as expressly specified
below, affords no spedal user protections. Customer further acknowledges that: (1) Customer has unilaterally and independently determined and selected the nature, style,
performance characteristics, number of changes and scope of all Merchandise to be used and the appropriateness of such Merchandise for Customers specific needs or
'ntended uses; (2) UniFirst does not have any obligation to advise, and has not advised, Customer concerning the fitness or suitability of the Merchandise for Customers intended
use. (3) UniFirst makes no representation, warranty, or covenant regarding the performance of the Merchandise (including without limitation Flame Resistant and 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 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 resulting
from Customers or Customers employee use of the Merchandise, whether or not such claims, injuries or damages arise from any alleged defects in the Merchandise.
Flame Resistant ("FR") Merchandise supplied hereunder is intended only to prevent the ignition and buming of fabric away from the point of high heat impingement and to be
self -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 thermal
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.
Primary protection is still required for work activities where direct or significant exposure to heat or open flame is likely to occur.
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.
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
does not ensure conspicuity of the wearer and that additional safety precautions may be necessary. The Visibility Merchandise supplied satisfied particularANSI/ISEA standards
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.
Healthcare/Food-Related Customer acknowledges that (1) UniFirst does not guarantee or warrant that the Merchandise selected by Customer or that processed garments
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 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. (•
Poly -bag services incur additional charges.)
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 non-
UniFirst manufactured or customized FR Merchandise; or (3) consists of Merchandise that has been permanently personalized (in all cases known as "Non -Standard
Merchandise"), then, upon the discontinuance of any Service hereunder at any time for any reason. including expiration, termination, or cancellation of this Agreement, with 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"),
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
manufacturer's supplies ordered for Customer's use), paying for same the replacement charges then in effect.
Customer agrees not to contaminate any Merchandise with asbestos, heavy metals, solvents, inks, or other hazardous or toxic substances ("contaminants'). Customer agrees
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
will retum to UniFirst all standard Merchandise in good and usable condition or pay for same at the replacement charges then in effect.
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
performance guarantee described above), Customer will pay UniFirst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be
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 of
weeks remaining in the current tern. These damages will be in addition to all other obligations or amounts owed by Customer to UniFirst, including the return of Standard
Merchandise or payment of replacement charges, and the purchase of any Non -Standard Merchandise items as set forth herein.
This Agreement shall be govemed 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
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
treated as settlement negotiations. Any matter not resolved through direct negotiations within 30 days shall be resolved exclusively by final and binding arbitration, conducted
in the capital city of the state where Customer has its principal place of business (or some other location mutually agreed), pursuant to the Expedited Rules of the Commercial
Arbitration Rules of the American Arbitration Association, and govemed by the Federal Arbitration Act, to the exclusion of state law inconsistent therewith. The parties will agree
upon one (1) Arbitrator to settle the controversy or claim. The successful or substantially prevailing party in any proceeding, including any appeals thereof (as determined by the
Arbitrator/court) shall recover all of its costs and expenses including, without limitation, reasonable attorney fees, witness fees, and discovery costs, all of which shall be included
in and as a part of the judgment or award rendered hereunder. This provision for Arbitration is specifically enforceable by the parties; the Arbitrator shall have no power to vary
or ignore the provisions hereof; and, the decision of the Arbitrator in accordance herewith, may be entered in any court having jurisdiction thereof. Customer acknowledges that,
with respect to all such disputes, it has voluntarily and knowingly waived any right it may have to ajury trial or to participate in a class action or class litigation as a representative
of any other persons or as a member of any class of persons, or to consolidate its claims with those of any other persons or class of persons. If this prohibition against class
litigation is ruled to be unenforceable for any reason in any proceeding, then the prohibition against class litigation shall be void and of no force and effect in that proceeding.
MISCELLANEOUS. The parties agree that this Agreement represents the entire agreement between them. In the event Customer issues a purchase order to UniFirst at any
time, none of the standard pre-printed terms and conditions therein shall have any application to this Agreement or any transactions occurring pursuant hereto or thereto.
UniFirst may, in its sole discretion, assign this Agreement. Customer may not assign this Agreement without the prior written consent of UniFirst. Customer agrees that in the
event it sells or transfers its business, it will require the purchaser or transferee to assume all obligations and responsibilities under this Agreement, provided that such
assumption shall not relieve Customer of its liabilities hereunder and provided further that any failure by a purchaser or transferee to assume this Agreement shall constitute a
breach and early termination of this Agreement resulting in the obligation to pay all amounts on account thereof as set forth in this Agreement. Neither party will be liable for any
incidental, consequential, special, or punitive damages. In no event shall UniFirst's aggregate liability to Customer for any and all claims exceed the sum of all amounts actually
paid by Customer to UniFirst. In the event any portion of this Agreement is held by a court of competent jurisdiction or by a duly appointed arbitrator to be unenforceable, the
balance will remain in effect. All written notices provided to UniFirst must be sent by certified mail to the attention of the Location Manager. In Texas and certain other locations,
UniFirst's business is conducted by, and the term "UniFirst" as used herein means, UniFirst Holdings, Inc. d.b.a. UniFirst.
Form # 1253 R - Rev. 08/21