QuestMark Terms and Conditions

This Agreement is subject to the following Terms & Conditions.

The scope of work is limited to what is stated on the face herein. Unless specifically stated in writing, the price does not include removal or abatement of any hazardous materials, including but not limited to asbestos. In addition, unless specifically stated on the face herein, there is no warranty of any kind either expressed or implied.

Purchaser acknowledges that QuestMark has not performed any engineering, architectural or other such analysis of the structure upon which the flooring services are performed, and that QuestMark has not and will not perform any consulting services, or in any way represent itself as a consultant. Moreover, Purchaser acknowledges that it is responsible for obtaining any structural, engineering or other architectural analysis of the building(s) on which the work is to be performed.

Unless otherwise stipulated, payment terms covering the services provided herein are: Price due in full upon receipt of invoice.

In the event Purchaser fails to pay any balance when due, then the entire balance shall immediately be due and payable. A service charge of 1% per month will be added to all balances past due 30 days, except that if a lesser amount is mandated by any controlling law, then the rate shall prevail.

Purchaser agrees that it has informed QuestMark of all current and non-QuestMark warranties in effect for the floor covered under this Agreement. Purchaser shall indemnify, protect and hold QuestMark harmless from any claims (including court costs and legal fees) damages, actions or injuries, or the termination of a non-QuestMark warranty, arising from the performance by QuestMark of these flooring services.

The performance of the work contemplated by this Agreement shall be governed solely by the terms and conditions stated herein, and no other terms and conditions, order acknowledgement or purchase order or any other kind of documentation furnished by the customer shall be construed as an acceptance of any terms or conditions contained in such document which are inconsistent with the terms and conditions stated herein.

Any disputes or actions relating to or arising out of the work to be performed pursuant to this Agreement shall be exclusively governed by the laws of the Commonwealth of Pennsylvania. Jurisdiction and venue of any and all causes of action arising out of or relating to this Agreement shall be exclusively vested in the United States District Court for the Western District of Pennsylvania or state courts in Allegheny County, Pennsylvania. Purchaser irrevocably waives any objection it now has or may hereafter have to the convenience, fairness or propriety of said venue.