Work Order Contract (Sample)
1. In consideration of the mutual promises set forth below in the body of this contract, Customer and Gunsmith agree as follows:
2. Gunsmith shall undertake gunsmithing work as set forth in the Work Order.
3. The Customer is informed, realizes and understands that any alterations which the Customer has requested to be done to the Customer's gun, pursuant to the Work Order, may release the Manufacturer from any liability for any accident should any occur.
4. The Customer recognizes, realizes, and by reading and signing the Work Order, understands that by the Customer's request that these changes occur, that he is also releasing the Gunsmith, both individually and in any business form, from any liability should any accident occur because of the requested changes or alterations.
5. The Customer will indemnify and defend the Gunsmith from all liability for any loss, damage or injury to persons or property arising from or related to the performance of the agreement including, without limitation, all consequential damages whether or not resulting from the negligence of the Customer or Customer's agent.
6. If any legal action, including a legal action in contract law, tort law or criminal law , including an action for declaratory relief is brought to enforce or interpret the provisions of this contract, or a suit of liability, then the prevailing party shall be entitled to recover reasonable attorney's fees from the other party. These fees which may be set by the court in the same action or in a separate action, brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled.
7. This agreement supersedes and and all other agreements either oral or in writing, between the Customer and the Gunsmith wit h respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the gunsmithing work pursuant to the Work Order and each party to this contract acknowledges that no representations, inducements, promises or agreements have been made by or on behalf of any party, except those covenants and agreement ts embodied in this contract. No Agreement, statement or promise not contained in this contract shall be binding or valid.
8. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the State of California.
9. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not b e affected.
10. Any jobs left in the shop for more than 30 days after written notification will be sold to cover expenses.
11. All guns not picked up within 30 days after verbal notification will be subject to a storage fee of $30.00 each per month retroactive unless prior arrangement by Danforth Gunsmithing. At that time a written notification will be sent to you in accordance with paragraph 10 of the work order contract.
12. Customer Cancellations: If a gun is left with Danforth Gunsmithing for work and then cancelled by the owner at any time after the work is written up and a deposit accepted there will be a cancellation charge in the amount of $35.00 plus an additional charge of 5% of the deposit amount if given by credit card or atm card. There may be additional charges for time spent in consultations above 1/2 hour at a rate of $65.00 per hour. Any amounts of expenses accrued before the cancellation request will be due or deducted from the deposit amount.
13. NSF & Returned Check Policy: Any NSF checks will be charged a $35.00 reprocessing fee. If the check is returned to Danforth Gunsmithing again, an additional charge of $25.00 will be added to the invoice balance.
14. Parts Ordering Policy: We will order parts only for our customers as long as they are not safety components. We charge a minimum of $25 plus shipping/handling and sales tax. All returned parts are accepted only in the original condition as sold and is at the discretion of Danforth Gunsmithing.
15. Deposit Policy: Danforth Gunsmithing requires a deposit on each work order in the amount of $35.00 minimum up to 50% of the work order or the total of parts, which ever is the greater. We accept Visa, Mastercard, Discover, we prefer Debit cards, personal checks and of course CASH is prefered.
Agreement and Release From Liability
I, also known as t he Customer, acknowledge that I have voluntarily requested of Danforth Gunsmithing, activities with include, but which is not limited to, modifications and alterations to a gun which may affect various safety systems.
Assumption of Risk
I am aware that alterations and modifications of guns may be hazardous. I am voluntarily requesting that these activities take place with the knowledge of the dangers involved which include death, dismemberment and paralysis, and I hereby agree to accept any and all risks or injury or death and verify this statement by placing my signature on this contract.
As consideration for this gunsmithing being performed pursuant to my direction, I hereby agree that I, my assignees, heirs, distributees, guardians an d legal representatives, will not make a claim against, sue or attach the property of Danforth Gunsmithing, or any of its affiliated organizations, for injuries or damages resulting from negligence or other acts how so ever caused by Danforth Gunsmithing, or any employee, agent or contractor of Danforth Gunsmithing, or any of it affiliated organizations as a result from my request for modification or alteration to a gun.
I hereby release Danforth Gunsmithing and any of its affiliated organizations from all actions, claims or demands that I, my assignees, heirs, distributees, guardians or legal representatives now have or may hereafter have for injuries or damages resulting from my request of modification or alteration to a gun set forth in this Work Order.
There is a minimum charge of $25 plus shipping & handling and tax for all parts order.
There is a minimum $35 cancellation fee plus 5% if your deposit is given by Credit Card.
There is a minimum deposit of 50% down on all jobs, or $35 minimum, whichever is greater.
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