*Our terms for payment are as follows:
The invoice value of all work completed is due upon the issuance of our invoice. Final payment is due upon purchase’s receipt of final acceptance of test report of the sprinkler installation from authorities having jurisdiction.
- We shall be entitled to interest at the maximum legal rate, or at the rate of 1.5% per month if there is no maximum legal rate, on any payment not received and you further agreed to pay attorney’s fees equal to thirty-three percent (33%) of any balance due in the event the account is turned over to an attorney for collection, whether or not suit is file if you are in breach of any agreement or if any payment is not made when due then we may stop work under all agreement with you payment is made or any dispute has been resolve.
- Should there be any questions regarding the percentage of completion or amount billed in any given period, such questions must be raised and resolved, by meeting if necessary, prior to the payment due date of the invoice involved. The absence of the notification of a question regarding any invoice before the payment due date will be considered acceptance of the invoice as submitted.
- Change orders requested by the party with whom this contract is written shall be paid under the terms stated herein and are not to be contingent upon approval or payment from any other party.
- Our price is based upon representations made by you and/or the Owner to us concerning the Work and the Work schedule. You agree that we shall be entitled to additional compensation at our normal rates under the following conditions: change in (i) the Work, (ii) the schedule, (iii) site conditions, different from the initial site inspection by us, (iv) prevailing regulations/specifications which require us to perform additional Work or to use different equipment, and (v) materials or conditions of materials from initial site inspection by us.
- We shall not be liable for delays caused beyond our control, including, but not limited to, delays caused by you, the Owner, your other contractors or subcontractors, unanticipated weather conditions, acts of God and/or vandalism.
- You shall provide us with five (5) days written notice to cure or diligently commence to cure any breach of this Agreement before you shall be entitled to pursue your legal remedies as provided in this Agreement.
- We may terminate the Proposal in the event that the commencement of its work is delayed for any reason, more than sixty (60) days of the scheduled date of commencement as set forth in the Proposal or Schedule.
- We warrant the Work to be free from defects in material and workmanship for a period of one (1) year from completion of such Work, and shall remedy any defective Work without cost to you provided you have furnished us written notice of the defective Work within the Warranty period. Damage caused by neglect or improper maintenance is specifically excluded from this Warranty.
- In no event shall we be liable for any compensatory, incidental or consequential damages which arise, including, but not limited to, loss of use, loss of profits, direct, indirect consequential damages. Our liability under this agreement shall be limited solely to the amount of any funds paid by you, the Owner or any third party to us.
- We have competitively estimated the cost of the Work under the assumption of normal job and site conditions.
- This proposal, including but not limited to the terms for payment, must be made a part of any contract or purchase order issued, and will take precedence over any other terms stated elsewhere in a contract or purchase order agreement. The terms and conditions of this Proposal shall not in any manner be changed, limited, controlled, or restricted by any oral statements or the provisions of any of your, the Owner’s or any other party’s forms, letters, purchase orders, writings or papers which are inconsistent herewith unless specifically agreed to in writing by us. Payment of this contract shall not be contingent upon approval or payment by any other party.
- This Proposal contains the entire understanding between us with respect to the subject matter contained herein and it supersedes all prior negotiations, representations, statements or alleged promises, except as expressly stated herein. It shall not be changed orally, but only by a written agreement signed by both parties hereto.
NOTE: Prices quoted are subject to change based on excessive market increases in connection to fluctuating raw material cost.