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Contract

 

(Upon Submission of this contract, you will receive a copy by email)

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  • Smooth Transitions Phoenix East Valley, 705 N Longmore St, Chandler, AZ 85224 telephone (480) 339-0011, provides all Services.
  • If authority for Client to enter into this agreement is under a Power of Attorney such Power of Attorney is attached and incorporated into this agreement as Exhibit A.
  • Services: Client authorizes Smooth Transitions to sell/donate/dispose of household items and personal effects consistent with the Client’s wishes. Proceeds from the sale of such items will be credited to Client’s account and applied to Client’s invoice. Smooth Transitions will provide only those services needed and agreed upon in writing as set forth in Attachment “A”. If additional services become necessary, Smooth Transitions will secure Client’s written agreement before services are provided.
  • Fees: Services provided by Smooth Transitions are billed at sixty dollars ($ 63.00) per hour per person. Saturday is $70.00 per hour per person. Expenses and supplies for the project will be charged to Client. (Expenses may include, but are not limited to: mileage, travel time, trash removal, packing supplies, cleaning costs, etc.) There is a 3 hour minimum charge. Travel charge is 1 hour per working day. Credit card processing fee is 4%, if applicable.
  • Consultation: If consultation services are requested, without any other services, the fee is Seventy-Five dollars ($75.00) per hour.
  • Payment: Smooth Transitions will invoice in periodic increments for services rendered, depending on the progression of the project. Smooth Transitions will provide a written invoice detailing the hours, expenses and documentation for items sold on the Client’s behalf. If payment is to be made by a party other than Client, then such Party has accepted and agrees to pay for such payment as set forth below under the heading Third Party Payment. Payment is due upon presentation of invoice.
  • Failure to timely pay in full may result in the responsible party bearing the cost of collection including, if necessary, attorney fees. If unable to pay upon presentation, other payment arrangements must be made with, and agreed to by Smooth Transitions.
  • Responsibilities of Parties and Limitation of Liability: Client agrees to have a homeowner’s policy in force and that their homeowner’s policy is the primary policy for any property damage claims. Furthermore, client agrees to waive subrogation rights against Smooth Transitions or their insurer for any claims paid under the homeowner’s policy.
  • Client agrees to remove from premises any valuable items client does not wish Smooth Transitions to handle, i.e.: cash, jewelry, including precious and semiprecious stones, medications, stocks, bonds, coin, stamp or other collections, precious and semi precious metals, checks, credit cards, firearms and ammunitions, fireworks or any other explosives, etc. Smooth Transitions recommends you let the movers pack, move and set up clocks. Smooth Transitions is not liable for clock internal movements. Smooth Transitions will not be liable for any item valued over $500.
  • Client agrees that Smooth Transitions, its principals, agents and employees will not be liable to the Client for damage incurred to Client’s belongings during moving/estate dispersal when Client’s belongings are not under the control of Smooth Transitions’ personnel. Client agrees that Smooth Transitions’ liability is limited to intentional acts and not mere negligence.
  • Arbitration: Both parties agree to make a good faith effort to resolve any disputes that might arise. If the parties are unable to resolve a dispute, arising out of this Agreement the parties agree to submit the matter to binding arbitration with the American Arbitration Association in Maricopa County Arizona for an efficient and inexpensive resolution of the dispute. The decision of the arbitrator shall be final and binding upon the parties. The prevailing party shall be entitled to the payment of reasonable attorneys’ fees and costs, as determined by the arbitrator.
  • Notices: All notices, requests, or consents under this agreement must be in writing and must be given by United States mail or in person to Smooth Transitions Phoenix East Valley, 51 S. Ash Drive Chandler, AZ 85224 or by email to mai@SmoothTransitionsAZ.com.
  • Entire Agreement: This Agreement and the Attachment constitute the entire agreement of the parties and supersedes all prior contracts or agreements, whether oral or written.
  • Amendment or Modification: This Agreement may not be amended or modified unless in writing, signed by both parties, including but not limited to a change in the Services to be provided.
  • Construction: The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. The word “include” and its derivatives mean by way of example and not by way of exclusion or limitation. Whenever the context requires, the gender of all words used in this Agreement include the masculine, feminine, and neuter. All references to headings refer to the headings of this Agreement, unless otherwise indicated. This Agreement should be interpreted as if it were a contract negotiated, understood, and voluntarily signed by all the parties.
  • Waiver: A waiver or consent, express or implied, to or of any breach or default in performance by Client is not a consent or waiver by Smooth Transitions to any other breach or default in performance by the Client. Failure on the part of Smooth Transitions to complain of any act of Client or to declare Client in default, irrespective of how long that failure continues, does not constitute a waiver by that Smooth Transitions of its rights with respect to that default until the applicable statute-of- limitations period has run.
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  • Third Party Payment: In consideration of Smooth Transitions’ agreement to provide services to Client, as presented in this agreement I agree to pay Smooth Transitions all amounts invoiced under this agreement.
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  • A non-refundable deposit of Three Hundred dollars ($300.00) is required at the signing of this contract to reserve the services of Smooth Transitions. These funds will be applied to the obligations incurred by deducting the deposit from the final invoice.
  • Smooth Transitions agrees to the terms and conditions as stated in this contract: Smooth Transitions by its manager: Mai Thompson
  • When an auction house, outside estate sale provider, private party purchasers, and/or Ebay Trader Assistant’s services is required, Smooth Transitions will secure contracts on behalf of the Client. The Client agrees that items to be dispersed can be offered for sale at the discretion of Smooth Transitions. Smooth Transitions will act as the coordinator.
  • If Client has items to be donated, and Client has donation preferences, list them below. If no preference is stated, Smooth Transitions will donate items to charities and provide a receipt for Client.

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