Preview
S DOCKET NO. SUPERIOR COURT
UNIFIRST CORPORATION JUDICIAL DISTRICT OF FAIRFIELD
V. AT BRIDGEPORT
GREENWICH HANDYMAN INC. JANUARY 28, 2016
APPLICATION TO CONFIRM ARBITRATION AWARD
TO THE SUPERIOR COURT within and for the Judicial District of Fairfield at
Bridgeport, now in session, comes UniFirst Corporation, the Plaintiff, seeking an order
confirming a certain arbitration award involving matters between the Plaintiff and Greenwich
Handyman Inc., the Defendant, and complains and says:
1 On or about March 12, 2014, the Plaintiff and Defendant entered into a written
agreement for arbitration, a copy of which is annexed marked Exhibit A.
On or about November 17, 2015, the arbitrator, pursuant to the agreement, made a
written award, a copy of which award is annexed marked Exhibit B.
Attached as Exhibit C is an Affidavit of Authenticity of Award of Kelvin L. Thomas
attesting to the authenticity of Exhibit B.
4 On or about January 15, 2016, the Defendant was duly notified of the award.
WHEREFORE, the Plaintiff prays:
1 That the award be confirmed.
©
2. That an order be issued directing the Defendant to appear on a day certain to show
cause, if any there be, why this application should not be granted.
Dated at Hartford, Connecticut this 28th day of January, 2016.
THE PLAINTIFF,
UNIFIRST CORPORATION
By:
Kelvin L.Thomas
for Ford & Paulekas, LLP
280 Trumbull Street
Hartford, CT 06103
(860) 527-0400
Juris No. 100342
Its Attorneys
-2-
EXHIBIT CUSTOMER SERVICE AGREEMENT
Lif g3¢
on NEW ACCOUNT x EXISTING ACCOUNT [)
Lareaa INSTALLATION DATE
TaooTA
custom Hendimc\
COMPANY NAME (Customer) boc 0, AWC! Loc. No. Ob9
ADORESS ZThum Avenue ROUTE NO.
reenwich , CT 06830 ome 03/12/14
PHONE 203,615 1234 SICINAICS
The undersigned (the “CUSTOMER”) orders tram UniFirst Cosporation and/or UniFirst Holdings, Inc. db andor Unifirst Cagada U0,
(UNIFIRST") the cantal service(s) at the prices and upon the conditions outlined:
< 443877
TEM OESCAIPMON tosr No. price, TOTAL FULL
ISSUE ‘NON SERVICE vavdese®
PIECE
102 -12 if | =
02-12 shyt 14. Or
Ofl-8 ‘ u
WE
,
°
Minimum weekly charge applies, equal to 76% of the initia! weet install value,
T1
Garment prepazation per piace ML, Non-stock sizes per piece 23h
Namo emblem pes piece Special cuts per plece
Company emblem per piece 00 Restock/Exchenge per piece ew.
Direct Embroidery; Wearer name per plece 3,5° Automatic Wiper Replacement
3% 0.A
Company name per piece
4 ‘Automatic Linen Replacement
20 OHS
DEFE {See description on reverse side) 10,°°
PAYMENT TERMS; c.0.0. 0] ERT Cl Approved charge i
=
A Waive set vo es
Approvad charge: CUSTOMER agrees to make payments within 30 days The undersigned agrees to all Customer Service Agreement Terms above
of invoice r tA fate charge of 134% per month (18% per year) for eny ‘and on Page 2* and attests to have the authority to execute for the named
amount in arrears may bo appliad.* CUSTOMER and.to’ nalzaticn ~ inchiding logos or,
wussner Jue Noe Ofnio _03/ye/y
brand identiti
ACCEPTED:
Z Le 03|12 4
ACCEPTED":
Gano ‘oa ‘CUSTOMER raceme aaah
al
abe
CGCiGN WANAEER
psc
BA ane wT) oon
Oursesat omarwis Stadt Marchanaae are Geared tobe Now Standerd Marcancise J Atveurmed crocts and dactned oe eat carte subject 0 $35 processing ae
4 around whichis Vallecented not cededby Un rat
> Charge stn contingent upon coninung cre wontinass ond mey barack at UNFLstsciacredan ‘| costonet
Ths Agasment
Servesa eflectve
Spe Gasrner
any ypon acceplace by Uses Loraben Ma
vesentagree
Ta on Page 2 mua signee by CUSTOMER ana must accep i
PRINT & SIGN (2) COPIES ON LEGALSIZE (B¥4" X 14°} PAPER: CORPORATE OFFICE COPY MOWISIONCOPY CUSTOMER COPY Farm 512598 6879 Rep 09
CUSTOMEH BSEAVIGE A
9:
i
i i iB2 NTS 5 PE Trec oni Uniéa8 Corp. (Uns fants rdw alsied s3¢ic¥s for eof Customer's eaquiremenis or 9 20 wings
items (Merchandise) of te hoe sted an the verse, 3 12 paces condiions owines Adci'onsi Kerchancise c2qu: 1d by Customer, rardely or in
end upan i terms and‘remains
‘iting, wil also be covered by this Agrsemenl. A renial Merchandise supplied lo Guston the property of UriFwst Customersverrants that lis nt subject io, and hat
Wis Agreement does not inlertere er contict wiih, any existing agreement for de supply of the Werehandiseor serdices covered,
PERFORMANCE GUARANTE: LUNIFIRST GUARANTEES TO CELIVER HIGH QUALITY SERVICE AT ALL TINES. AU/tams of Merchandise cleaned, frished, inspected,
cepaired end delivered by Unifirst wil meet or 2 ils quatly standards. or nen-convorming items will be ceptaced by Ihe newt scheduled detvery day al no cost fo Customer,
ems of ental Merchandise requing replacement dua to normal wear and tear willbe replaced alno cost to Custamer, save ior any applicable personalization and setup charges,
in services andar quatly of Nerchandisa unless:
Customer expressly waives the righ lo teminate ts Agreement ducng the Inia term or any extension thereof for deficiencies
(1) complaints are frst mi la naling to UniFirst which set forth the precise nature of any deficiencies; (2) UniFiat is afforded al least ssty (60) days to correct any deficiencies
‘complained of, and (3) UniFirst fais to carect hose deficiencies complained of thin sity (60) days. In the event Customer complies UniFirsthave with he foregaing and UnFirst andfailswhatto
been paldin Aull
correct such deficiencies, Customer may terminale th's Agreement by viten naica to UniFirst, providing that al previous balances due
allather condilons ta terminate have been salsfes. Any delay or interuption ef the service provided (ornbreach
this Agreement, by reason of acs
or violation of Ns Agreement,
of God, fires, explosions, stakes or
‘olher industfal disturbances, or any other cause ral wilbin the contr! of UniFir, shall nol be deemed a
TERM AND RENEWAL, This Agraementia efective when signed by bath the Customer and Unifirsl Lecation Manager and continues in effect for 60 months afterinstatation
of Merchandise (for new customers) ar of any renewal date, This Agreement wil be renewed automaticaly and continuously for mubiple successive 60 menth periods untasa
Customer of UniFirst gives writen aatica of non-enerwal to the olher atfeast 90 days por ta the next expiration date,
PRICES AND PAYMENTS. Allcharges are based upon ine total Merchandise covered by Unis Agreement and may change a3 ine amount al such Merchandise Is increased ar
decreased. Any Merchandise payments requced purauant la INis Agreernent wil be at UniFirsfs dst roplacement price(s) tien I effect If an authorized Customer reprasertative
Is not avallable to caceive and acnowledge defveryof Merchandlte, Customer aulhorizes UriFist to make delivery and assumes responsibly far lated charges! invoices.
Ca an annual bass, the prices then in eMect wil be increased by the greater of une annual gercent increase In the Consumer Price Indes - All Urban Consumers, Sees 10:
CUURCOCOSAG, alter goods and services or by 5%. Adciional price increases and alher charges ma} 38 Imposed by separate writen nalce or by nataton on Customer's
by ncliying UniFitin wrtng within ten days afer recep of such notice ar cetation
such adcifana! Increases or charges
Invelea, Customer may, however, decine
Prlcas are based on fiy.two weeks of service perye ‘Customer agcaasta pay all charges on receipt af Invoice os a pre-approved charge customer, per standard terms, Alate
payment, UnFirs, may al any time
not paid within thiry days of invoice. if Customer fails tp make ety
‘charge of 1 122% per month (18 per year) wil ve added to all amountsnotice
‘and in is sole screen, terminale this Agreement by giving writen to Customer, whether ar nol UniFirst has previously svicty enforced Custamers obligation to make
timely payments, Customer agrees to pay, and wil pay, al applicable sales, se, pertonal property and ober laxes and assessments ansing out of ths Agreement.
JEFE CHARGE. Customers involces may include a OEFE charga to caver all or portans of c=rain expenses including:
0 = DELIVERY, or expentes associated with the actual delivery ef services and products to customers’ places of bush 59, primarly Reule Sales Representalive commisstons,
management salaries, vebicle depreciaten, equipment maintenance, insurance, road use charges and fecal access feas
E = ENVIRONMENTAL, or exnenses (past, present and future) Uniftrst absorbs related ta waslewaler testing, pudTicaton, effluent contol, solids dsnatel, supplies and equipment
fer pollution controls and eneray conservation and eversttragulatery complance.
F™ FUEL, orthe gas, clesel fuel, oll and lubyicant expenses associated wih keeping Unifirat's fleet vehicies on the road and servicing its customers,
€ = ENERGY, pfmanly he natu! gas UniFist uses to nn baiers and gas diyers, plus other loca! utby charges.
as expressly specified below, afords na spacial user protections
MERCHANDISE. Custamer acknawtedges that Merchandise supped for general occupatenaluse and, except
resistant CFR’), itis intended only to prevent the Janklon and burning
‘Fins Resistant, It the Merchanclse supplied is designated as famefgiven of fabric away rem the paint of high
heat impingement ond tobe sett-ecingushing ieuponfabreremoval ofthe scurce. FR garments wil nat provide significant protectcaare fram bums in the immedate area of high
hheal contact, die fo thermal transfer Unmaugh garments designed for continuous waar aa any
andar destnicdon of the fabric in the area of auch exposure, FRla Neat
where direct er significant exposure
secondary level of protecion, Primary protectin is stil required for work actviles ar open fame Ie Gkely to occur.
Visit. lt tne Merchandixe supped is visibility wear itis intended top yovide improved conspicuity of he wearer under dayight canctiions and when iluminaled by a ght sources
‘of surfer canclepower alright {t/a Customer's respan git (a determine t he level af canspicuily needed by wearers under spectic work sonditons, Further, Customer agrees
‘hat the garmenta alone do nol ensure conspic te wearer end that eddifonal zafety precautions may be nacessary. The garments supped satisfied pardcular Crass l, Class
Wor Class i ANSUSEA standards only when they were new and unused and only if 0 tabeled, Customer acinowledges that usage and laundering of visiblfly Merchandise wit
adversely affectits conspiouly, .
Hesithcare/Fcod-Relaled. Heallheare and food-elaled customers aclnowledge that (1) UniFisl dees not guavanlee or warrant that he Marchanaisa selected by Cusi er
cof that pracessed garments deivered by UniFist wil be appropriate or sufficient to provide a nygienic level adequals for Customer's needs, an (2) optaral poly-bagging® is
‘recommendedto reduce the riskof eose-centaminalion of Merchandise and ine failure to vbke such serdce may adversely afect the efieacy of UniFice's hyglenic cleaning
pmesss. (* Poly-bag services incur advivonal charges.)
Customer ageens to notty afl employees that the Merchandise Is for general occupational use and, exc3 pt lor FR or Msiblly‘nlygarments, atfords na special wearer protections,
limited protection as set forth herein and only
‘Custamer furor agraes to natty a8 employees who wil be wearing FR or vsibiltyhasgarments (hat such garmenls provide
lander carta condilona. In adeiCen, Customer acknowledges that (1) Customer unilateral and Independently determined ard selected tha nature, ‘performance
characterlstcs, aumber of changes and scope (of all Merchandise fo be used and the appropriateness of auch Merchandise far Customer's specific neads or snded uses, (2)
UniFiest does not have any cblgalon to advse, ‘and has net advised, Customer conceming the flness or suitability of re Merchandise (er Customer's intended use, {3) UniFist
‘makes no representation, warranty or covenant regarding the pertarman ica of the Merchandise (eluding without imitation FR and visibfty garments), and (4) UniFirst shall in
‘10 way bo responsible of Fabie (or any injury or harm sutfered by any Cus ‘tomer employees winle lowearing or using any Merchand'se Customer agrees (o Indemnity and hold
brarmlass Unifirt and its employers and agents from and against al claims, Injuies or damages any person or property resulting from Custamer's ar Customer's employee
use of the Merchandise, whelher or nol such dains, injuries or darnages arse fram any jeged defects in the Merchandise.
‘Customer agrees not ta contaminate any Merchendse wilh asbestos, heavy melals, solvents, inks ar other hazardous or tac substances (‘contaminants’), Customer agrees to
ay UniFirat far aii Merchenclze that is fos, stolen, damaged or abused boyond repalr.
Many Merchandise supplied hereundteris Merchandise that (1) UniFirst daes not stack forpermanent whatever reason (including due fo site, calor or brand), 2} cansists of non-UniFicst
‘manufactured or customized FRgarments, of (2) consists of garments thatIncluding have heen personalized (in al cases knioum as "Non-Standard Merchandise’), then, upon
the ascantnuance of any service hereunder at any me for any reason, expiration, temninaticn, or cancsliaten of this Agreement, with ar without cause, delation of any
Nan-Slandard Merchand'se (rom Customer's serv program, or dua lo employee eductans (In each case a “Ciscontnvanc f Service"), Customer wit purchase at tha tins
ff such Glscontinuance of Servica all affected Non-Slandard Merchandise ilems then Ia UniFicst's inventory (in-servica, shel, a$ well as any manufacturer's suppties ordered far
‘Customer's usa), paying for sama the replacement chames then in effect.
‘As a condition (othe ination of this Agr nt, for whatever reason, Customermil eum to UruFirst al Slandard Merchandise in good and usable condivon or pay for same
‘a the replacement charges then in elfect.
OBLIGATIONS ANO REMEDIES, 11 Custemer breaches or terminates this Agreement belere theria expiration dale for any reason (olhr than for UniFirst' faluce under the
pertormance guarantee described atove), Custom ier wl pay UniFirst, as Siquidaled damages and 8 a penalty (the parties acknowledging that actual damages woutd be
Preview
S DOCKET NO. SUPERIOR COURT UNIFIRST CORPORATION JUDICIAL DISTRICT OF FAIRFIELD V. AT BRIDGEPORT GREENWICH HANDYMAN INC. JANUARY 28, 2016 APPLICATION TO CONFIRM ARBITRATION AWARD TO THE SUPERIOR COURT within and for the Judicial District of Fairfield at Bridgeport, now in session, comes UniFirst Corporation, the Plaintiff, seeking an order confirming a certain arbitration award involving matters between the Plaintiff and Greenwich Handyman Inc., the Defendant, and complains and says: 1 On or about March 12, 2014, the Plaintiff and Defendant entered into a written agreement for arbitration, a copy of which is annexed marked Exhibit A. On or about November 17, 2015, the arbitrator, pursuant to the agreement, made a written award, a copy of which award is annexed marked Exhibit B. Attached as Exhibit C is an Affidavit of Authenticity of Award of Kelvin L. Thomas attesting to the authenticity of Exhibit B. 4 On or about January 15, 2016, the Defendant was duly notified of the award. WHEREFORE, the Plaintiff prays: 1 That the award be confirmed. © 2. That an order be issued directing the Defendant to appear on a day certain to show cause, if any there be, why this application should not be granted. Dated at Hartford, Connecticut this 28th day of January, 2016. THE PLAINTIFF, UNIFIRST CORPORATION By: Kelvin L.Thomas for Ford & Paulekas, LLP 280 Trumbull Street Hartford, CT 06103 (860) 527-0400 Juris No. 100342 Its Attorneys -2- EXHIBIT CUSTOMER SERVICE AGREEMENT Lif g3¢ on NEW ACCOUNT x EXISTING ACCOUNT [) Lareaa INSTALLATION DATE TaooTA custom Hendimc\ COMPANY NAME (Customer) boc 0, AWC! Loc. No. Ob9 ADORESS ZThum Avenue ROUTE NO. reenwich , CT 06830 ome 03/12/14 PHONE 203,615 1234 SICINAICS The undersigned (the “CUSTOMER”) orders tram UniFirst Cosporation and/or UniFirst Holdings, Inc. db andor Unifirst Cagada U0, (UNIFIRST") the cantal service(s) at the prices and upon the conditions outlined: < 443877 TEM OESCAIPMON tosr No. price, TOTAL FULL ISSUE ‘NON SERVICE vavdese® PIECE 102 -12 if | = 02-12 shyt 14. Or Ofl-8 ‘ u WE , ° Minimum weekly charge applies, equal to 76% of the initia! weet install value, T1 Garment prepazation per piace ML, Non-stock sizes per piece 23h Namo emblem pes piece Special cuts per plece Company emblem per piece 00 Restock/Exchenge per piece ew. Direct Embroidery; Wearer name per plece 3,5° Automatic Wiper Replacement 3% 0.A Company name per piece 4 ‘Automatic Linen Replacement 20 OHS DEFE {See description on reverse side) 10,°° PAYMENT TERMS; c.0.0. 0] ERT Cl Approved charge i = A Waive set vo es Approvad charge: CUSTOMER agrees to make payments within 30 days The undersigned agrees to all Customer Service Agreement Terms above of invoice r tA fate charge of 134% per month (18% per year) for eny ‘and on Page 2* and attests to have the authority to execute for the named amount in arrears may bo appliad.* CUSTOMER and.to’ nalzaticn ~ inchiding logos or, wussner Jue Noe Ofnio _03/ye/y brand identiti ACCEPTED: Z Le 03|12 4 ACCEPTED": Gano ‘oa ‘CUSTOMER raceme aaah al abe CGCiGN WANAEER psc BA ane wT) oon Oursesat omarwis Stadt Marchanaae are Geared tobe Now Standerd Marcancise J Atveurmed crocts and dactned oe eat carte subject 0 $35 processing ae 4 around whichis Vallecented not cededby Un rat > Charge stn contingent upon coninung cre wontinass ond mey barack at UNFLstsciacredan ‘| costonet Ths Agasment Servesa eflectve Spe Gasrner any ypon acceplace by Uses Loraben Ma vesentagree Ta on Page 2 mua signee by CUSTOMER ana must accep i PRINT & SIGN (2) COPIES ON LEGALSIZE (B¥4" X 14°} PAPER: CORPORATE OFFICE COPY MOWISIONCOPY CUSTOMER COPY Farm 512598 6879 Rep 09 CUSTOMEH BSEAVIGE A 9: i i i iB2 NTS 5 PE Trec oni Uniéa8 Corp. (Uns fants rdw alsied s3¢ic¥s for eof Customer's eaquiremenis or 9 20 wings items (Merchandise) of te hoe sted an the verse, 3 12 paces condiions owines Adci'onsi Kerchancise c2qu: 1d by Customer, rardely or in end upan i terms and‘remains ‘iting, wil also be covered by this Agrsemenl. A renial Merchandise supplied lo Guston the property of UriFwst Customersverrants that lis nt subject io, and hat Wis Agreement does not inlertere er contict wiih, any existing agreement for de supply of the Werehandiseor serdices covered, PERFORMANCE GUARANTE: LUNIFIRST GUARANTEES TO CELIVER HIGH QUALITY SERVICE AT ALL TINES. AU/tams of Merchandise cleaned, frished, inspected, cepaired end delivered by Unifirst wil meet or 2 ils quatly standards. or nen-convorming items will be ceptaced by Ihe newt scheduled detvery day al no cost fo Customer, ems of ental Merchandise requing replacement dua to normal wear and tear willbe replaced alno cost to Custamer, save ior any applicable personalization and setup charges, in services andar quatly of Nerchandisa unless: Customer expressly waives the righ lo teminate ts Agreement ducng the Inia term or any extension thereof for deficiencies (1) complaints are frst mi la naling to UniFirst which set forth the precise nature of any deficiencies; (2) UniFiat is afforded al least ssty (60) days to correct any deficiencies ‘complained of, and (3) UniFirst fais to carect hose deficiencies complained of thin sity (60) days. In the event Customer complies UniFirsthave with he foregaing and UnFirst andfailswhatto been paldin Aull correct such deficiencies, Customer may terminale th's Agreement by viten naica to UniFirst, providing that al previous balances due allather condilons ta terminate have been salsfes. Any delay or interuption ef the service provided (ornbreach this Agreement, by reason of acs or violation of Ns Agreement, of God, fires, explosions, stakes or ‘olher industfal disturbances, or any other cause ral wilbin the contr! of UniFir, shall nol be deemed a TERM AND RENEWAL, This Agraementia efective when signed by bath the Customer and Unifirsl Lecation Manager and continues in effect for 60 months afterinstatation of Merchandise (for new customers) ar of any renewal date, This Agreement wil be renewed automaticaly and continuously for mubiple successive 60 menth periods untasa Customer of UniFirst gives writen aatica of non-enerwal to the olher atfeast 90 days por ta the next expiration date, PRICES AND PAYMENTS. Allcharges are based upon ine total Merchandise covered by Unis Agreement and may change a3 ine amount al such Merchandise Is increased ar decreased. Any Merchandise payments requced purauant la INis Agreernent wil be at UniFirsfs dst roplacement price(s) tien I effect If an authorized Customer reprasertative Is not avallable to caceive and acnowledge defveryof Merchandlte, Customer aulhorizes UriFist to make delivery and assumes responsibly far lated charges! invoices. Ca an annual bass, the prices then in eMect wil be increased by the greater of une annual gercent increase In the Consumer Price Indes - All Urban Consumers, Sees 10: CUURCOCOSAG, alter goods and services or by 5%. Adciional price increases and alher charges ma} 38 Imposed by separate writen nalce or by nataton on Customer's by ncliying UniFitin wrtng within ten days afer recep of such notice ar cetation such adcifana! Increases or charges Invelea, Customer may, however, decine Prlcas are based on fiy.two weeks of service perye ‘Customer agcaasta pay all charges on receipt af Invoice os a pre-approved charge customer, per standard terms, Alate payment, UnFirs, may al any time not paid within thiry days of invoice. if Customer fails tp make ety ‘charge of 1 122% per month (18 per year) wil ve added to all amountsnotice ‘and in is sole screen, terminale this Agreement by giving writen to Customer, whether ar nol UniFirst has previously svicty enforced Custamers obligation to make timely payments, Customer agrees to pay, and wil pay, al applicable sales, se, pertonal property and ober laxes and assessments ansing out of ths Agreement. JEFE CHARGE. Customers involces may include a OEFE charga to caver all or portans of c=rain expenses including: 0 = DELIVERY, or expentes associated with the actual delivery ef services and products to customers’ places of bush 59, primarly Reule Sales Representalive commisstons, management salaries, vebicle depreciaten, equipment maintenance, insurance, road use charges and fecal access feas E = ENVIRONMENTAL, or exnenses (past, present and future) Uniftrst absorbs related ta waslewaler testing, pudTicaton, effluent contol, solids dsnatel, supplies and equipment fer pollution controls and eneray conservation and eversttragulatery complance. F™ FUEL, orthe gas, clesel fuel, oll and lubyicant expenses associated wih keeping Unifirat's fleet vehicies on the road and servicing its customers, € = ENERGY, pfmanly he natu! gas UniFist uses to nn baiers and gas diyers, plus other loca! utby charges. as expressly specified below, afords na spacial user protections MERCHANDISE. Custamer acknawtedges that Merchandise supped for general occupatenaluse and, except resistant CFR’), itis intended only to prevent the Janklon and burning ‘Fins Resistant, It the Merchanclse supplied is designated as famefgiven of fabric away rem the paint of high heat impingement ond tobe sett-ecingushing ieuponfabreremoval ofthe scurce. FR garments wil nat provide significant protectcaare fram bums in the immedate area of high hheal contact, die fo thermal transfer Unmaugh garments designed for continuous waar aa any andar destnicdon of the fabric in the area of auch exposure, FRla Neat where direct er significant exposure secondary level of protecion, Primary protectin is stil required for work actviles ar open fame Ie Gkely to occur. Visit. lt tne Merchandixe supped is visibility wear itis intended top yovide improved conspicuity of he wearer under dayight canctiions and when iluminaled by a ght sources ‘of surfer canclepower alright {t/a Customer's respan git (a determine t he level af canspicuily needed by wearers under spectic work sonditons, Further, Customer agrees ‘hat the garmenta alone do nol ensure conspic te wearer end that eddifonal zafety precautions may be nacessary. The garments supped satisfied pardcular Crass l, Class Wor Class i ANSUSEA standards only when they were new and unused and only if 0 tabeled, Customer acinowledges that usage and laundering of visiblfly Merchandise wit adversely affectits conspiouly, . Hesithcare/Fcod-Relaled. Heallheare and food-elaled customers aclnowledge that (1) UniFisl dees not guavanlee or warrant that he Marchanaisa selected by Cusi er cof that pracessed garments deivered by UniFist wil be appropriate or sufficient to provide a nygienic level adequals for Customer's needs, an (2) optaral poly-bagging® is ‘recommendedto reduce the riskof eose-centaminalion of Merchandise and ine failure to vbke such serdce may adversely afect the efieacy of UniFice's hyglenic cleaning pmesss. (* Poly-bag services incur advivonal charges.) Customer ageens to notty afl employees that the Merchandise Is for general occupational use and, exc3 pt lor FR or Msiblly‘nlygarments, atfords na special wearer protections, limited protection as set forth herein and only ‘Custamer furor agraes to natty a8 employees who wil be wearing FR or vsibiltyhasgarments (hat such garmenls provide lander carta condilona. In adeiCen, Customer acknowledges that (1) Customer unilateral and Independently determined ard selected tha nature, ‘performance characterlstcs, aumber of changes and scope (of all Merchandise fo be used and the appropriateness of auch Merchandise far Customer's specific neads or snded uses, (2) UniFiest does not have any cblgalon to advse, ‘and has net advised, Customer conceming the flness or suitability of re Merchandise (er Customer's intended use, {3) UniFist ‘makes no representation, warranty or covenant regarding the pertarman ica of the Merchandise (eluding without imitation FR and visibfty garments), and (4) UniFirst shall in ‘10 way bo responsible of Fabie (or any injury or harm sutfered by any Cus ‘tomer employees winle lowearing or using any Merchand'se Customer agrees (o Indemnity and hold brarmlass Unifirt and its employers and agents from and against al claims, Injuies or damages any person or property resulting from Custamer's ar Customer's employee use of the Merchandise, whelher or nol such dains, injuries or darnages arse fram any jeged defects in the Merchandise. ‘Customer agrees not ta contaminate any Merchendse wilh asbestos, heavy melals, solvents, inks ar other hazardous or tac substances (‘contaminants’), Customer agrees to ay UniFirat far aii Merchenclze that is fos, stolen, damaged or abused boyond repalr. Many Merchandise supplied hereundteris Merchandise that (1) UniFirst daes not stack forpermanent whatever reason (including due fo site, calor or brand), 2} cansists of non-UniFicst ‘manufactured or customized FRgarments, of (2) consists of garments thatIncluding have heen personalized (in al cases knioum as "Non-Standard Merchandise’), then, upon the ascantnuance of any service hereunder at any me for any reason, expiration, temninaticn, or cancsliaten of this Agreement, with ar without cause, delation of any Nan-Slandard Merchand'se (rom Customer's serv program, or dua lo employee eductans (In each case a “Ciscontnvanc f Service"), Customer wit purchase at tha tins ff such Glscontinuance of Servica all affected Non-Slandard Merchandise ilems then Ia UniFicst's inventory (in-servica, shel, a$ well as any manufacturer's suppties ordered far ‘Customer's usa), paying for sama the replacement chames then in effect. ‘As a condition (othe ination of this Agr nt, for whatever reason, Customermil eum to UruFirst al Slandard Merchandise in good and usable condivon or pay for same ‘a the replacement charges then in elfect. OBLIGATIONS ANO REMEDIES, 11 Custemer breaches or terminates this Agreement belere theria expiration dale for any reason (olhr than for UniFirst' faluce under the pertormance guarantee described atove), Custom ier wl pay UniFirst, as Siquidaled damages and 8 a penalty (the parties acknowledging that actual damages woutd be