TERMS & CONDITION FOR FIRM PRICE, COST-PLUS, AND TIME & MATERIAL
1. REMITTANCES / CREDIT / PAYMENT TERMS: All invoices shall be due at time of service and payable upon receipt in US currency, free of exchange or any other charges, or as otherwise agreed upon and set forth in writing by CTI Field Services, Inc. (hereafter known as “Seller”). The proposed amount is based on payment by cash, check, or electronic payment. A convenience fee of 4% will be added to the total if paid with a credit card. The Customer, if requested, agrees to furnish Seller with all information including financial statements, necessary to make a proper credit assessment to achieve Net payment terms. If Net terms of payment are granted, periodic credit verification will occur. Refusal to supply information may cause this proposal to be withdrawn or revert to COD payment at time of service. Prices are subject to correction for error.
2. PROPOSALS: Proposals are based upon straight-time labor rates unless otherwise stated within the proposal. Any request by the Customer for overtime work shall be considered an extra above and beyond the proposal and appropriate charges will apply. Unless otherwise stated, this proposal expires 30 days after its date, subject to the provisions of the first sentence of the paragraph below entitled “Acceptance of Terms.”
3. PROGRESS PAYMENTS: Seller reserves the right to invoice Customer monthly as the work progresses, for all materials delivered to the job site or off-site facility, and for all work performed on-site and off-site. Engineering, drafting, equipment procurement, pre-fabrication, preparation, and other mobilization costs incurred prior to installation or service shall be included in Sellers initial invoice and be equal to a minimum of twenty five percent (25%) of the contract price. Invoices are due upon receipt by Customer or per approved payment terms. If the Customer becomes overdue in any payment, Seller shall be entitled to suspend work, shall be entitled to interest at the rate of 1.5% per month or the maximum permitted by the State of Texas; and to avail itself of any other legal remedies. Seller shall also be entitled to interest on all amounts retained by Customer from progress payments or otherwise. Customer agrees that Customer will pay and/or reimburse Seller for all reasonable legal fees which are incurred by Seller in the collection of amounts due and payable hereunder.
4. CANCELLATION AND SUSPENSION: Any contract, service order, or purchase order resulting from this proposal is subject to cancellation or instructions to suspend work by the customer only upon agreement to pay Seller adjustment charge and for all incurred and committed labor and material costs.
5. TAXES: The amount of any future sales, use, occupancy, excise, or other federal, state, county, or local tax which Seller hereafter shall be obligated legally to pay, either on its own behalf of the Customer or otherwise, with respect to the services or materials covered by this proposal, shall be added to such prices and paid by the Customer.
6. ACCESS: Customer shall permit Seller free and timely access to areas and equipment and to allow Seller to start and stop the equipment to inspect the totality of the system, equipment, and related systems, including review of prior service and maintenance records.
7. HOURS OF OPERATION / RATES: All quoted pricing is based on straight-time (ST or REG) rates between the hours of 8:00 AM and 4:00 PM, Monday through Friday. These hours may be adjusted temporarily or otherwise by CTI. The following shall apply in all cases: ST or REG rates apply for all work Monday - Friday, 0-8 hours; Overtime (OT) rates apply for all work 8+ hours Monday - Friday and all-day Saturday; Double-Time (DT) rates apply for all work on Sundays and Holidays.
8. AFTER HOURS CALLOUT: Unless otherwise specified in an agreement, If CTI is called for after-hours service and a technician is dispatched, a minimum of four (4) hours of appropriate service rate shall apply. Billing shall also apply while in transit to and on the way out from the job site.
9. LOSS OF USE OR PROFIT: Under no circumstances, whether arising in contract, tort (including negligence), equity or otherwise, will Seller be responsible for loss of use, loss of profit, increased operating or maintenance expenses, or claims of Customer’s, its’ landlord or lessor, its’ tenants, or its’ clients.
10. LOSS, DAMAGE, OR DELAY: Seller shall not be liable for any loss, damage, or delay occasioned by any cause(s) beyond Seller’s control, including and not limited to Force Majeure events, pandemics, governmental actions or mandates, civil or military action, delay of carriers, strikes, insurrection or riot, regulations, orders, embargoes, strikes, differences with workmen, fires, floods, natural or any forces of nature, man-made or caused disasters, accidents, or transportation delays. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
11. LABOR WARRANTY: Seller warrants its workmanship for 120 days from the date of service or until the unit is serviced by any person or party who is neither a CTI Field Services employee or representative, whichever comes first.
12. PARTS / EQUIPMENT WARRANTY: Sellers sole responsibility to Customer with respect to any equipment, component, item, or part manufactured by third parties and installed or incorporated into facilities, equipment, or systems, shall be to pass through to the Customer such original equipment manufacturer’s available product warranty. Labor services to inspect, diagnose, repair, or replace third party manufactured items covered under a manufacturer’s warranty are not included and those services shall be billed at rates in effect at time of service.
13. SDS / MSDS: Customer shall make available to Seller all pertinent and related Material Safety Data Sheets for hazardous materials on Customer premises and shall be responsible for clearly marking the same prior to Seller arrival on site.
14. ASBESTOS: Seller’s obligation under this proposal and any subsequent agreement, service, or purchase order does not include the identification, abatement, or removal of any asbestos products or any other hazardous substances. In the event such products or substances are encountered, Seller’s sole obligation will be to notify the Customer of the existence of such products and materials. Seller shall have the right thereafter to suspend its work until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.
15. PURCHASER’S REMEDIES: The Customer’s remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the right of repair or replacement of such defective equipment as per Item 10. – PARTS / EQUIPMENT WARRANTY, presented above. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL, OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT OR PURCHASE ORDER RESULTING FROM THIS PROPOSAL.
16. GOVERNING LAW: Any order, agreement, or contract resulting from this proposal shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.
17. CERTIFICATION: The person whose signature appears on the attached hereof hereby certifies that, to his or her best knowledge and belief, the annexed bid is not the result of any agreement, arrangement, or understanding between the Seller and any other manufacturer or seller of equipment and services, and that the prices, terms, or conditions thereof have not been communicated by or on behalf of the Seller to any such person, and will not be communicated to any such person prior to the official opening of said bid or proposal.
18. ACCEPTANCE OF TERMS: This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer or upon issue of Service or Purchase Order for the proposed work. Such acceptance shall be with mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver, alteration, or modification of the terms and conditions shall be binding unless in writing and signed by an authorized representative of Seller.