P-A Industrial Services Terms and Conditions
The Terms & Conditions outlined herein shall apply to the performance by P-A Industrial Services (hereinafter referred to as the “Company”) of installation services.
- SCHEDULE DATES & DELAYS
Schedule dates shall be as agreed to by the parties. Such dates shall be interpreted as estimated and in no event shall such dates be construed as falling within the meaning of “time is of the essence”.
Neither party shall be liable for delay due to Acts of God, war, riots, fire, flood, strike or other labor difficulty, acts of civil or military authority including governmental laws, orders, priorities or regulations, acts of the other party, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of such party. In the event of delay in performance due to any such cause, the schedule dates or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay.
The Company reserves the right to subcontract all or any portion(s) of the installation to subcontractor(s) of its choice.
- PERMITS AND CODES
In the event that any federal, state, or local laws, ordinances, adopted codes, or regulations require permits, licenses, or approval of plans and specifications for the work performed, the Purchaser shall secure and pay for such permits, licenses and approvals.
In the event that any federal, state, or local regulation, as well as design code, is modified or is instituted after the date of the Company’s proposal, requiring any increase in the cost of labor and/or material necessary for compliance with these regulations and codes, such increased cost will be for the Purchaser’s account.
The prices provided for herein, do not include any present or future federal, state, municipal or other sales, use, property, excise, gross receipts or other similar type tax or assessments which may be applicable to, measured by, imposed upon or result from any material, erection equipment, services or erection work covered hereby. If the Company is required by applicable law or regulation to pay or collect any such type tax or taxes on account of this transaction or the material, equipment, services or erection work covered hereby, then such amount of tax shall be paid by the Purchaser in addition to the prices herein provided.
- The Purchaser shall procure and maintain “All Risk Builder’s Risk” insurance in the names of the Purchaser and the Company including the Company’s subcontractors covering all materials, equipment, machinery, supplies, and labor of any nature whatsoever supplied by the Company which are to become a permanent part of the plant, while in transit, while awaiting installation, during installation and until all obligations of the Company hereunder have terminated, against physical loss or damage from any cause whatsoever, except those risks normally excluded from such policies. The Purchaser shall furnish to the Company, a certificate of insurance evidencing the above coverage prior to beginning of any field work, including the waiver of the insurers right of subrogation.
- The Company shall procure and maintain insurance in the areas of Workers’ Compensation and Public Liability, including Automobile Insurance where the use of a vehicle is required. Certificates confirming this insurance coverage shall be furnished by the Company to the Purchaser prior to beginning of any field work.
- The Purchaser shall, in his fire and extended coverage insurance, as well as Use and Occupancy Insurance (Business Interruption) policies covering the facility on which the Company is performing work, provide for waivers of subrogation in favor of the Company. The Purchaser shall indemnify and hold harmless the Company for failure to affect such waivers.
The Company warrants that the materials supplied by it for installation shall be free of defects for a period of six (6) months from the date of completion of the installation work. Should any failure to conform to this warranty be reported in writing to the Company within such period, the Company shall, upon prompt notification thereof and substantiation that the equipment has been maintained and operated in accordance with good industry practice and, if applicable, in accordance with any specific recommendations of the Company, correct such nonconformity by in-place repair or, at its option, by furnishing and installing a replacement part.
When in-place repairs or replacements are made, the Company shall not be liable for the cost of dismantling and reinstalling any equipment not originally installed under this contract, nor shall it be responsible for repairs or replacements made by the Purchaser or others, unless prior written approval is given to the Purchaser by the Company. Such in-place repairs or replacements shall be performed during normal straight time work hours. Any work performed on overtime or multiple shift basis, and any associated costs thereto, shall be for the account of the Purchaser.
The Company makes no performance warranty and the effects of corrosion, erosion and normal wear and tear are specifically excluded from the Company’s warranty.
THE COMPANY MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
- LIMITATION OF LIABILITY
The remedies of the Purchaser set forth herein are exclusive, and the total liability of the Company with respect to this contract or the services performed under this contract shall not exceed the purchase price of the installation services furnished under this contract.
The Company and its suppliers or subcontractors shall in no event be liable to the Purchaser, any successors in interest or any beneficiary of this contract for any consequential, incidental, indirect, special or punitive damages arising out of this contract or any breach thereof, whether based upon loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss by reason of shutdown or non-operation, increased expenses of operation, cost of purchase of replacement power or claims of Purchaser or customers of Purchaser for service interruption whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise.