12/17/2024
1. General:
Services provided under this agreement will be performed during regular working hours (Monday-Friday, 7:00 a.m. – 5:00 p.m. EDT) unless otherwise agreed upon. Only Power Pros Electric Inc.’s (“Power Pros”) personnel are authorized to perform the work included in the scope of this agreement. Power Pros may, at its option, cancel this agreement should non-authorized individuals perform such work.
We guarantee that all equipment prices quoted in this agreement remain firm for thirty (30) days. After 30 days, any increase in the equipment price and subcontracted work shall be passed on to the Customer. Any sales, use, or similar taxes imposed by any governmental authority shall be added to the price quoted and paid by the Customer unless a valid sales tax exemption certificate is furnished to Power Pros.
Power Pros will be allowed to operate equipment and perform its services. All extra work will be performed only at the Customer’s written direction and at Power Pros’s prevailing rates or at lump sum prices. Extra work shall include responding to abnormal conditions, changes in scope of work and/or undisclosed or hidden conditions. Work under this agreement does not include repairs or replacements necessitated by Customer negligence or misuse. If Power Pros commences legal action to enforce any rights under this agreement, Power Pros shall be entitled to collect all court costs and reasonable attorney’s fees, as determined by the Court.
2. Payments:
Power Pros may require the Customer to make full or partial payment before the commencement of its work. Should Power Pros agree to invoice Customer, Customer agrees to pay invoices within thirty (30) days of receipt. Any invoice not paid when due shall be subject to an interest charge of one and one-half percent (1½ %) per month or portion thereof. Power Pros reserves the right to cancel and/or stop work under this agreement without notice should payment become forty-five (45) days or more delinquent.
3. Suspension:
If the Customer elects to suspend work under this agreement, the Customer shall, in writing, notify Power Pros at least one (1) week before the suspension date; this notification shall indicate the anticipated suspension period. Power Pros shall advise the Customer of any price adjustment resulting from the planned suspension of the work. The price adjustment will be based on Power Pros’s ability to reasonably relocate manpower, materials and equipment during the suspension period.
Power Pros reserves the right to terminate this agreement if the period of suspension is determined by Power Pros to be excessive, at Power Pros’s discretion. If Power Pros elects to terminate this agreement, Customer shall be responsible for paying Power Pros for all of its labor and material, plus reasonable overhead and profit to date of termination.
If Power Pros has scheduled its work and Customer delays the start of Power Pros’s work, or during performance if the Customer delays or disrupts Power Pros’s work, Customer shall be responsible for all Power Pros’s damages as a result of such delay.
4. Warranty:
Power Pros warrants the labor and material that it supplies for one (1) year from the completion of its work. This warranty is separate from any manufacturer’s equipment warranty. Should there be any defect in Power Pros’s work during the warranty period, if promptly notified in writing thereof, Power Pros will repair or replace the deficient work or equipment. Title and risk of loss to any equipment Power Pros repaired or replaced shall remain with the Customer regardless of where the corrective work takes place, and all disassembly, transportation and reassembly costs associated with the equipment involved during the corrective period shall be paid by the Customer.
Power Pros’s warranty for the labor and equipment supplied is subject to the Customer’s proper operation and maintenance of the equipment. Power Pros will not be responsible for honoring any warranty claim if the Customer has failed to maintain or damaged the equipment by improper use or operation. The liability of Power Pros to the Customer, whether under its warranty, this agreement, or negligence, shall not exceed the cost of repair or replacement, and upon expiration of said one (1) year, all such liability shall terminate.
Unless expressly stated within the scope of Power Pros’s work, Power Pros does not warrant the fitness or suitability of the equipment on which the services are performed or any modification thereof for any specific application or use. The foregoing shall constitute the exclusive remedy of the Customer and the sole liability of Power Pros. In no event shall Power Pros be liable for any loss or damage from its failure to discover or repair latent defects or defects inherent in the design of the equipment.
The said warranty does not affect any separate express warranty of the manufacturer of equipment furnished by Power Pros nor the equipment on which work was performed.
5. Limits of Liability:
In the unlikely event of failure to perform its obligations, Power Pros’s liability is limited to the cost of repair or replacement of the equipment, at Power Pros’s option, and such shall be Customer’s sole remedy. Under no circumstances, whether based on contract, indemnity, tort (including negligence), warranty or otherwise, will Power Pros be responsible for any indirect, special, incidental, exemplary or consequential damages, loss of use, loss of profits, increased operating or maintenance expense, or claims of Customers.
Power Pros shall not be responsible for any deficiency in the design of any system or equipment nor any losses or damages caused by design defects. Nor shall Power Pros be liable for system equipment and component obsolescence, electrical failures, and equipment beyond its serviceable life. Work necessitated by present or future requirements by insurance laws and/or requests is not included.
6. Force Majeure:
Power Pros will not be liable for delays or failure to perform attributable to any cause or contingency beyond its reasonable control including, but not limited to, fire, flood, strike lockout work stoppage or slowdown, freezing, unavailability of material, riot, acts of God, war, acts of terrorism, unusually severe weather, delay in transportation, accidents, or compliance with any regulation or directive of any national, state or local government or the impact of COVID-19 pandemic as it relates to labor and/or material deliveries.
7. Notices:
Any notice given pursuant to the agreement shall be in writing and sent by certified mail, postage prepaid, return receipt requested, to the appropriate party at the address outlined in the purchase order, contract or agreement or at such other address as such party may provide in writing to the other party. Any such notice shall be effective upon the receipt thereof.
8. Inspection:
Power Pros strongly recommends that the Customer conduct an on-site inspection of the services and/or goods sold hereunder after delivery, installation or other service call. Power Pros shall not be responsible for the consequences of Customer’s failure to inspect such services and/or goods or for any defects, malfunctions, inaccuracies, insufficiencies or omissions in such services and/or goods.
Power Pros shall not be responsible for any loss or damage as a result of the Customer’s failure to inspect within fifteen (15) days of delivery or completion of Power Pros’s work under this agreement.
9. Arbitration:
Any dispute arising out of the terms or conditions of this contract, or performance thereof, shall be resolved through binding arbitration between the parties. The parties agree to submit the matter to a single Arbitrator, whose decision shall be binding and enforceable. The law of the state where the Project is located shall govern, and the arbitration shall be conducted in the state for hearings and related matters. The decision shall be enforceable by a Court of Competent Jurisdiction.