Purchaser’s / Customer’s acceptance of this Estimate and the work to be performed described herein constitutes an acknowledgement and full acceptance of MSC Electrical, LLC. (MSC) following terms and conditions:
I. Materials & Application:
The material requirements will be applied in accordance with the manufacturer’s standards.
MSC Electrical LLC is not responsible for market cost increases due to supply chain issues, delays or manufacturer rate increases. Customer will have an option to create a change order and accept the changes or suggest/accept alternates that can lower the costs.
II. Site Conditions & Requirements
(i)MSC Electrical LLC, (MSC), will maintain responsible supervision to control the proper finishing of all work, as well as coordinate an expedient completion of these proposal requirements. The customer will provide secure storage space for materials & 24-hour access to the work site. (ii.) Any deviations from the work plan; materials, schedule, or other terms and conditions described herein are subject to additional charges including, but not limited to time, material, and expenses. (iii.) Customer shall have the work site swept clean and cleared of all obstructions that could prevent conduct of work and make that space available for MSC at the agreed upon date and time in which the contract work is to commence. (iv.) Customer is to provide MSC written notification of any items, including but not limited to equipment, materials, tools, or products, which will remain in project area during the duration of service and additional charges may incur including but not limited to additional labor, materials, time, or expenses related to performing services around items or relocation of items in project area that inhibit access. (v.) Customer shall protect MSC’s work and equipment stored on site during installation and upon completion of work from damage caused by the Customer, their workmen or subsequent contractors. (vi.) It is the responsibility of the customer to review the Safety Data Sheets and communicate all relevant safety information to all necessary parties and agrees to hold harmless and indemnify MSC for any claims, damages, losses or expenses related to the same. MSC will not assume this responsibility. (vii.) Underground installations – MSC quotation is based on good soil conditions, figured for shovel to stand in soil when dug. Does not include any dewatering, shoring or winter conditions. MSC will not attempt any trenching or excavations if site conditions do not drain properly, creating excessive muddy conditions or collapsing trenches. MSC not responsible for delays due to poor soil or site conditions.
III. Hazardous Materials and Conditions:
(i.) MSC will gather all non-hazardous debris we generate and dispose into dumpster or compactor to be provided by owner. (ii) MSC does not transport hazardous waste. MSC is not responsible for any waste resulting from an industrial process that must be treated as special waste, or existing on site materials determined to be hazardous. (iii.) MSC is not responsible for the identification, detection, abatement, encapsulation or removal of asbestos or any other materials deemed to present a hazard to its employees, including any materials considered to be special waste. If hazardous materials or other hazardous conditions are encountered at the job site during the course of work, MSC reserves the right to remove its employees from the job site until such hazardous materials are abated, encapsulated or removed, or the hazardous conditions are corrected. Pursuit to any delays resulting from such situation and correction MSC shall receive an extension of time to complete its work, and compensation for all expenses associated with such delays, or conditions.
IV. Representations(i.) Safety Standards:
All work practices, materials and equipment used will be in full compliance with customer safety requirements, or MSC Safety Standards, whichever is greater. (ii.) OSHA Compliance: All work practices, materials and equipment used will be in full compliance with applicable OSHA regulations. (iii.) Workmen’s Compensation: MSC personnel are fully covered by Workmen’s Compensation Insurance. (iv.) Equal Employment Opportunity Compliance: MSC is an equal opportunity employer operating in compliance with applicable federal and state laws.
V. Debris Removal
(i.) Upon completion of work, MSC will safely remove all job-related materials, equipment and debris from the job site, and will leave its work area in clean & orderly conditions.
VI. Tax, Terms, & Conditions
(i.) Michigan State Tax applicable (ii.) Deviations from Agreement: Any deviations from the work plan, materials, schedule or other terms and conditions described herein are subject to additional charges. (iii.) Limits of Liability: The warranties and obligations expressly stated herein are in lieu of all other liabilities and obligations, including but not limited to general, specific or consequential damages arising from the performance of MSC under this agreement. (iv.) Force Majeure: MSC assumes no responsibility for costs or delays due to storms, fire, flood, or other natural disasters, nor for accidents, strikes, or other events beyond its control. (v.) Cancellation: If customer cancels this agreement at any time prior to project completion for reasons other than non-performance by MSC then all charges accrued to the date of cancellation become immediately due and payable to MSC (a.) Any cancellation of the confirmed order will result in a cancellation fee of not less than 25% of the contract amount. Payment terms will be due Net 10 Days after receiving written notice of cancellation. If written notification is not given to MSC at least seven (7) days prior to the commencement of work, MSC will be entitled to an additional re-scheduling fee of not less than 10% of the contract amount. When a confirmed order is cancelled within three (3) days or less prior to commencement of work, MSC will be entitled to a fee not less than 50% of the contract amount. (vi.) Entire Agreement: This agreement is the complete and entire agreement between MSC and the customer, and supersedes any other communication, whether oral or written. This agreement cannot be modified by either party except in writing, and with the written consent of the other party. (vii.) Payment Agreement: Non-payment will warrant your account to be forwarded to a collection agency and/or attorney. It is agreed upon that the customer will pay all costs and expenses of collection, including but not limited to attorney’s fees and expenses.