1.) SCOPE OF WORK.
Proposals are based upon the use of straight time labor only. Purchaser agrees to provide Nordin Mechanical, LLC. with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. Nordin Mechanical, LLC. agrees to keep the job site clean of debris arising out of its own operations. The Purchaser shall not back charge Nordin Mechanical, LLC. of cleanup costs without Nordin Mechanical, LLC. written consent.
a. If during our inspection, it is determined that a repair to the HVAC system or a replacement of a component within the system would be beneficial, the following repair coverage would apply.
b. The labor necessary to restore HVAC system/equipment to normal operation will be billed at our preferred rates.
c. Replacement parts will be of like or current design to prevent system depreciation or obsolescence.
d. All components and parts required to make the necessary repair will be quoted and provided at an additional cost to the owner.
e. All scheduled work will be performed during Nordin Mechanical, LLC. normal business hours (7:00 a.m. to 3:30 p.m.; Monday through Friday, excluding holidays).
2.) INVOICING & PAYMENTS
Nordin Mechanical, LLC. may invoice the Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on- site and off-site. Engineering, drafting and other mobilization costs incurred prior to installation shall be included in Nordin Mechanical, LLC. initial invoice and be equal to ten percent (10%) of the contract price. The Purchaser agrees to pay Nordin Mechanical, LLC. the amount invoiced within thirty (30) days after the invoice date. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received.
3.) MATERIALS
If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of Nordin Mechanical, LLC. then in case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, Nordin Mechanical, LLC. shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanent unavailable and the cost of a reasonably available substitute therefore.
4.) WARRANTY
Nordin Mechanical, LLC. warrants that the equipment furnished by it shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Nordin Mechanical, LLC. for a period of one
(1) year from installation. For equipment installed by Nordin Mechanical, LLC. if Purchaser provides written notice to Nordin Mechanical, LLC. of any such defect within thirty (30) days after the appearance or discovery of such defect, Nordin Mechanical, LLC. shall, at its option, repair or replace the defective equipment and return said equipment to the Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by Nordin Mechanical, LLC. shall be borne by the Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered, or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABLILITY AND FITNESS FOR A SPECIFIC PURPOSE.
5.) LIABILITY
Nordin Mechanical, LLC. shall not be liable for any special, indirect, or consequential damages arising in any manner from the work performed pursuant to this agreement.
6.) TAXES
The price listed on proposals do not include duties, sales, use, excise, or other similar taxes, unless required by federal, state, or local law. The Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Nordin Mechanical, LLC. or, alternatively, shall provide Nordin Mechanical, LLC. with acceptable tax exemption certificates. Nordin Mechanical, LLC. shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.
7.) DELAYS
Nordin Mechanical, LLC. shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond Nordin Mechanical, LLC. control, including, but not limited to, acts of God, fire, riots, labor disputes, etc.
8.) COMPLIANCE WITH LAWS
Nordin Mechanical, LLC. shall comply with all applicable federal, state, and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.
9.) ATTORNEYS’ FEES
The purchaser agrees that he will pay and reimburse Nordin Mechanical, LLC. for any and all reasonable attorneys’ fees, which are incurred by Nordin Mechanical, LLC. in the collection of amounts due and payable hereunder.
10.) INSURANCE
Insurance coverage in excess of Nordin Mechanical, LLC. standard limits will be furnished when requested and required. No credit will be given, or premium paid by Nordin Mechanical, LLC. for insurance afforded by others.
11.) INDEMNITY
The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses, or damages, including attorneys’ fees, which either party may cause the other, in whole or in part, by its negligent act or omission in connection with the execution of the work herein specified.
12.) OCCUPATIONAL SAFETY AND HEALTH
The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.
13.) ENTIRE AGREEMENT
Proposals, upon acceptance, shall constitute the entire agreement between the parties and will supersede any prior representations or understandings.
14.) CHANGES
No change or modification of any of the terms and conditions stated herein shall be binding upon Nordin Mechanical, LLC. unless accepted by Nordin Mechanical, LLC. in writing.
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