Clean Lines, LLC – Cleaning Service Agreement

  • WHEREAS, CLEAN LINES and CUSTOMER seek to enter into an agreement whereby CUSTOMER contracts for alcohol tap and line maintenance with CLEAN LINES in exchange for adequate consideration timely paid to CLEAN LINES as further detailed infra. WHEREAS, to effect the same, the Parties seek to memorialize their agreement herein. ACCORDINGLY, the Parties do hereby AGREE as follows:
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    1. TYPE, SCOPE, and DURATION OF SERVICE:  The Parties hereby agree that CUSTOMER will receive services as further detailed in CLEAN LINES’ “DESCRIPTION OF SERVICES” form, which is attached to this Contract as EXHIBIT A.  
    2. CONSIDERATION FOR SERVICES:  In consideration for the services chosen by CUSTOMER, CUSTOMER agrees to compensate CLEAN LINES as follows:  CUSTOMERS hereby agrees to pay agreed rate for each draft line cleaned and serviced according to scope and frequency guidelines as outlined in EXHIBIT A to this contract.  
      1. Payment shall be made directly to CLEAN LINES in person, via U.S. Mail, or via commonly used electronic transfer (Credit / Debit card, PayPal, etc.) as accepted by CLEAN LINES.
      2. Initial payment is due at the time of execution of this Contract.  Regarding future payments, CLEAN LINES agrees to submit timely invoices for all services rendered and parts provided, in addition to any other expenses incurred during the commission of services as agreed to in EXHIBIT A.  
      3. CUSTOMER agrees to pay promptly and to pay no later than 15 days after receipt of invoice.
    3. COMPONENT ALLOWANCE:  CUSTOMER gives CLEAN LINES the authority to replace faulty components such as seals, gaskets, beer line, air line, couplers, and faucets.  CLEAN LINES will inform CUSTOMER of all components replaced during service to CUSTOMER. Itemized list of components replaced will be included in the final invoice.
    4. CLEAN LINES’ RESPONSIBILITY:  CLEAN LINES is responsible for the completion of all tasks outlined on EXHIBIT A at the frequency specified in EXHIBIT A.  If CLEAN LINES recommends that work needs to be conducted that falls outside of what is detailed on EXHIBIT A (including scope, frequency, or component allowance,) CLEAN LINES will provide a separate quote and require written CUSTOMER approval to proceed with the extraneous work.
    5. CUSTOMER RESPONSIBILITY:  CUSTOMER is responsible to provide CLEAN LINES with safe, unrestricted access to all components of its system in order to complete work within the agreed-to scope and frequency of the work, as indicated on EXHIBIT A.  
      1. Any modifications to CUSTOMER’s draft system that could prohibit CLEAN LINES from performing duties outlined in EXHIBIT A may require additional service charges or other modifications to EXHIBIT A.  CLEAN LINES will instruct CUSTOMER of needed modifications when said necessity is discovered.
      2. Further, CUSTOMER agrees to be truthful with CLEAN LINES concerning any relevant information regarding CUSTOMER’s system.  CUSTOMER understands that candor is necessary for CLEAN LINES to effectively carry out its responsibilities under this contract, and a failure to be honest will constitute grounds for immediate termination of this contract and immediate payment of any outstanding monies owed to CLEAN LINES.
      3. CUSTOMER agrees to provide CLEAN LINES service members, employees, and agents with a safe working environment.  Any possible dangers to CLEAN LINES agents or employees is to be disclosed to CLEAN LINES forthwith. Failure to do the same will constitute grounds for immediate termination of this contract and immediate payment of any outstanding monies owed to CLEAN LINES.
    6. HAZARDOUS MATERIALS: While CLEAN LINES agents and employees are present, CUSTOMER shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on its premises or that might be considered hazardous or extra hazardous or present any avoidable danger to CLEAN LINES agents and employees.
    7. CONTRACT TERMINATION:  Either party may terminate this contract with a written 60-day notice provided to the other party.   Said notice shall be sent via United States Postal Service, certified and return receipt requested in order to be effective.  All services completed up to the termination date will be invoiced in the normal cycle and will be due upon receipt of invoice.  Any outstanding invoices must be paid in full at the time of termination.
    8. LATE FEES:  Payment is due upon receipt of the invoice.  Accounts not paid in full within 30 days of receipt will be assessed at 2.5% compounding interest per month until the balance is paid in full.  
    9. NON-DISCLOSURE AGREEMENT: CLEAN LINES shall not discuss with any third parties the nature of CUSTOMER’s draft system, either before or after service, without express written consent of CUSTOMER.
    10. NON-COMPETE:  In signing this contract, CUSTOMER acknowledges that CLEAN LINES employs a sophisticated proprietary system to ensure that CUSTOMER’s draft system meets strict cleanliness standards.  Accordingly, CUSTOMER agrees not to divulge any information regarding CLEAN LINES’ methods of operation to third parties who might use it to establish a business rivaling CLEAN LINES. Likewise, CUSTOMER agrees not to undertake any activities that might compete with CLEAN LINES, including, but not limited to, the cleansing or maintenance of draft beer systems for third parties.  This “non-compete” clause shall extend to three years after the other terms of this contract and shall not be restricted by geographic location.
    11. AMENDMENTS:  The parties may change the terms of this contract only by mutual, written consent.
    12. INDEMNIFICATION:  CLEAN LINES shall not be liable for any damage or injury of or to the CUSTOMER, its invitees, or to any person entering the CUSTOMER’s premises or the building of which the premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and CUSTOMER hereby agrees to indemnify, defend and hold CLEAN LINES harmless from any and all claims or assertions of every kind and nature.  
    13. ATTORNEY’S FEES:  Should it become necessary for CLEAN LINES to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of fees, CUSTOMER agrees to pay all expenses so incurred, including a reasonable attorney’s fee and court costs.
    14. CONTROLLING LAW:  This Agreement shall be governed by the law of the State of West Virginia and shall be binding upon the successors, heirs, and assigns of the parties hereto.
      1. If any part of this contract is found to be unconscionable or otherwise unenforceable, that part shall be stricken and other terms and conditions shall still apply.
    15. DESCRIPTIVE HEADINGS:  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Parties.
    16. COMPLETE AGREEMENT:  The parties agree that this contract and accompanying exhibit) contain the totality of the agreement between the parties.  There are no other agreements not contained herein.
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