STANDARD TERMS AND CONDITIONS
For products installed by us
1.
The following sets forth the Standard Terms and Conditions for
work performed by American Elevator Corporation or their Authorized
Subcontractors (Hereafter also referred to as: us, we, its, our) for
the Purchaser (Hereafter also referred to as: you, him, your).
2.
It is understood, in consideration of the performance of the
service enumerated herein, Purchaser
agrees to save, indemnify, defend and hold American Elevator
harmless from and against all claims of any kind, except that American
Elevator shall remain liable, to the extent of its’ own comparative
fault, for its own negligent acts, provided American Elevator retains
all immunities afforded by applicable industrial insurance and
workman's compensation laws. Nothing
in this agreement shall be construed to mean that American Elevator
assumes any liability on account of accidents to persons or property,
except those directly due to the negligent acts or omissions of
American Elevator or its employees.
The Purchaser's responsibility and liability, for all accidents
to persons while riding or being in or about said elevators,
irrespective of whether such accidents result from the use, operation,
maintenance, or condition of the elevators, hatchways, or
appurtenances, is in no way affected.
No work, service or liability on the part of American Elevator
other than that specifically mentioned herein is included or intended.
3.
American Elevator shall not be liable for any loss or damage
resulting from strikes, lockouts, fires, storms or other delays beyond
its reasonable control. Our
liability for defects in workmanship is limited to repair pursuant to
warranty provided herein. It
is expressly understood that in no event shall we be liable for
consequential damages, special damages or economic loss.
4.
Should damage or loss occur to our material or work on the
premises by fire, theft or otherwise, if not our fault, the Purchaser
is to compensate us therefore with cash or replacement equipment at
our option, within 10 business days of claim.
5.
It is agreed that we are to have uninterrupted use of the
elevator while this work is in progress, unless prior arrangements
have been made with us to periodically suspend work and provide
temporary operating service on a timed basis in addition to the
contract price.
6.
American Elevator reserves the right to remove and retain all
Elevator material and apparatus that has been replaced, or new
materials not used in the work.
7.
Any changes in the building required to meet any local or state
building or electrical codes are to be made by the Purchaser.
Any cutting or patching necessary for the installation of
materials furnished under this contract shall be done by the
Purchaser. American
Elevator shall not under any circumstances be liable for any
redecorating that may be necessary upon the completion of its’ work.
Payments to us shall not be suspended or withheld pending
Purchaser's receipt of Certificate of Occupancy or Operating Permit,
if said are delayed as a result of work not provided by us or due to
acts not within our control. Inspection
fees for work not provided by us are the Purchaser's responsibility.
8.
The machinery, implements and apparatus furnished hereunder
remain our personal property and we retain title thereto until final
payment is made, with right to enter upon the premises (without legal
process) and retake possession of the same or a portion thereof, at
the cost of the Purchaser if default is made in any of the payments,
irrespective of the manner of attachment to the realty, the acceptance
of notes, or the sale, mortgage, lease, use or occupancy of the
premises.
9.
The price quoted, unless otherwise stated, is based upon all
the work being performed by our mechanics and helpers during regular
working hours of regular working days.
If overtime work is required or helpers cannot be utilized, the
additional price usually charged by American Elevator shall be added
to the contract price named herein.
10.
For projects in the King, Pierce and Snohomish County areas,
payments are net cash and shall be made as follows:
On completion, if the work is completed within a 30 day period,
by the 25th of a given month. If
the work is not completed within that period, that portion of the
value of the materials ready or delivered plus the labor performed,
either at our shops or at the job site, shall be invoiced on or about
the 25th of each month until the work is complete, at which time a
final invoice shall be issued. Other
areas are C.O.D. All
credit payments shall be received by us no later than ten (10)
business days from the invoice date.
Any deposits required to begin this work shall be received
prior to the commencement of work or the ordering of materials at our
option. We reserve the
right to discontinue our work until such payments shall have been made
as agreed. Interest at 1%
(or highest legal rate) will be charged monthly on past due amounts.
It is agreed that in the event our billing becomes overdue and
we commence legal action for the collection of same, that the
Purchaser shall reimburse us for all costs of collection including
Attorney's fees and court costs. Venue
for any legal action shall, at our sole option, be in King County,
Washington. A one (1) hour
minimum charge plus Travel and Truck expenses will be assessed for all
work performed plus mileage charges.
Thereafter time at the job site will be billed in fifteen (15)
minute increments.
11.
This proposal is submitted for prompt acceptance and prices are
subject to change without notice.
In the event the order is cancelled after acceptance, in
addition to any legal or equitable remedy we may have, you shall
reimburse us for all costs and damages incurred including commissions,
engineering, materials, labor, legal and court costs, lost profits and
other related items. Said
items may be deducted from refunds to you for payments already
received, if any, and you agree to make such additional payments to us
as may be necessary to satisfy your account, whether previously billed
or not.
12.
It is expressly agreed that this proposal shall constitute
exclusively and entirely the agreement for the service herein
described. All prior
representations or agreements, whether written or verbal, not
incorporated herein are superseded, and no changes in or additions to
this agreement will be recognized unless made in writing and signed by
both parties to this agreement. This
proposal is not binding upon American Elevator Corporation until
approved by one of its executive officers, and said approval shall not
be unreasonably withheld. If
the Purchaser issues a Purchase Order for our work, the Terms and
Conditions of this Proposal shall govern in the event of a conflict
with that document.
13.
Washington State Disclosure Notice to Customer/Purchaser:
(Note: This notice
is required of every contractor doing business in Washington state for
jobs in excess of $1,000). American
Elevator Corporation is registered with the state of Washington,
registration number AMERIEC099PM, as a general contractor and has
posted with the state a bond of $6,000
for the purpose of satisfying claims against the contractor for the
negligent of improper work, or breach of contract, in the conduct of
the contractor's business. This
contractor's registration expires annually on September 20th of each
year. This bond may
not be sufficient to cover a claim which might arise from the work
done under your contract. If
any supplier of materials used in your construction project or any
employee of the contractor or subcontractor on your job is not paid by
the contractor or subcontractor, your property may be liened to force
payment. If you wish
additional protection, you may request the contractor to provide you
with original "lien release" documents from each supplier or
subcontractor on your project. The
contractor is required to provide you with further information about
lien release documents if you request it.
General information is also available from the WA State
Department of Labor and Industries.
14.
All identification of, cleanup (including site remediation) and
disposal of hazardous materials (including asbestos, lead-based paint,
hydraulic fluid, oil, etc.) and liability or injuries or damages of
any kind caused by same is the sole expense and responsibility of the
Purchaser, even if said materials are discovered or disturbed in the
course of our contract work. This
paragraph does not apply to our customary responsibility for removal
and cleanup of furnished contract materials.
End of Standard Terms & Conditions -
updated 10/28/02 |
