Please review the terms and conditions and fill out the form to sign up for Spring Pond Cleanouts.
TERMS AND CONDITIONS
Representations and Warranties: DIWhy represents and warrants to Customer regarding the work to be performed that DIWhy is experienced in the care of premises such as the subject premises and in the care and maintenance of the [pond or waterfall or landscaping or whatever]. DIWhy shall maintain liability insurance covering personal injury and property damage as required by the State of Minnesota.
If any components of the pond or water feature are discovered by DIWhy to be faulty, DIWhy shall bring them to Customer’s attention. DIWhy shall not be responsible for replacement of faulty components not installed by it. Repairs or replacement of such components shall be billed separately.
Work Performance and Condition of Premises. DIWhy agrees to maintain the overall cleanliness/orderliness of the job location and remove all debris as needed during the hours of work in order to avoid health or safety hazards. DIWhy shall protect all property adjacent to the job location from any damage resulting from work performed under this contract and repair or replace any resulting damage to the job location or adjacent property at its own cost.
Access to Premises. Customer acknowledges his/her duty to provide DIWhy, LLC with access to the job location in order to complete the work required herein.
If fish need to be removed from the water feature during a Spring Cleanout or Repair, we will take all precautions to safely remove the fish and house in a stock tank(s). If conditions are met the fish will be returned to the water feature once the work is completed. DIWhy is not responsible for the health or survivability of the fish. Many factors are out of the control of DIWhy regarding fish health.
Miscellaneous Provisions. This contract shall be governed by and construed under the laws of the State of Minnesota, without application of principles of conflicts of laws; any action brought by a party against another party to enforce or interpret this Contract shall be brought exclusively in the Courts of the State of Minnesota, Anoka County or the United States District Court of Minnesota and the parties waive any objection to such venue, including objection as to an inconvenient forum; the Contract shall supersede all prior oral and written communications, proposals, negotiations, representations, understandings, courses of dealing, agreements, contracts and the like between both parties; it may be amended, modified, terminated and any right under this contract may be waived in whole or in part only by a writing signed by both parties; it contains headings only for convenience, which do not form part, and shall not be used in the interpretation of the contract; no waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver; no waiver shall be binding unless executed in writing by the party making the waiver; the Contract shall bind and inure to the benefit of the parties and their respective heirs and assigns.
This contract contains the entire agreement between the undersigned party and all attachments and required notices are attached hereto.