Terms of Service / Contract

1.) DESCRIPTION OF SERVICES. ​Aquatic Resource Center (“ARC”) will provide to its Client the services described in the Quote (collectively referred to as “Services”).

2.) PAYMENT. ​Payment shall be made to ARC upon completion of the Services, unless otherwise agreed. Payments can be made by personal check, cash, or by major credit cards. Credit card payments are subject to a 3% convenience fee. A 1.5% service charge will be added per month on all overdue invoices. Client agrees to pay and discharge all reasonable court costs, attorney’s fees and expenses that shall be made or incurred by ARC to enforce the terms of this agreement. ​A minimum 10% non-refundable deposit is required before scheduling services. A total of 50% of project total must be paid before we begin the project.

3.) WARRANTY. ​ARC shall provide services under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in ARC’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to ARC on similar projects. ARC guarantees its workmanship for 1 year. All mechanisms, without limitation, water pumps, air pumps, filter equipment, electrical components, etc., shall be covered under their respective manufacturer’s warranty. ARC guarantees plumbing components for 30 days. There is no warranty or guarantee on live organisms.

This warranty shall not cover abuse, neglect, or misuse of the installed components. Failure to abide by manufacturer’s product manual voids both manufacturer’s and ARC’s warranty. ARC shall not be held responsible for events including but not limited to, freezing temperatures, ground settling, vandalism, erosion, failing rocks, etc.

This warranty only covers items purchased from ​and​ installed by Aquatic Resource Center.

4.) DISCLAIMER. ​ARC SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE SERVICES. 

5.) ENTIRE AGREEMENT. ​This Contract contains the entire agreement of the parties, and there are no other promises or conditions, whether oral or written, concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreement of the parties.

6.) AMENDMENT. This Contract may be modified or amended in writing by mutual agreement of the parties, if the writing is signed by the party obligated under the amendment.

7.) GOVERNING LAWANDVENUE. ​The laws of the Commonwealth of Kentucky will govern any dispute arising from or relating to this Contract. The parties submit to the exclusive jurisdiction of the Commonwealth of Kentucky courts for or in Owensboro, Daviess County, Kentucky, and agree that any legal action or proceeding relating to this Contract must be brought in these courts. 

8.) WAIVER OF CONTRACTUAL RIGHTS. ​The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.