Our price is valid for 30 days and subject to changes any time thereafter.
This Service Proposal (Proposal) is effective as of the acceptance date on the Proposal, between Bergelectric Corp. (herein after called as Electrical Contractor, we, our) and the above named Customer who hereby agree that all Work specified on the Proposal shall be performed by the Electrical Contractor in accordance with all provisions of this Proposal.
This Proposal embodies the entire agreement between Electrical Contractor and Customer and supersedes all other writings. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding not set forth herein.
- This Proposal is in accordance with our understanding of the requirements of the project and from verbal information which we received from the Customer, or its agent, and if written plans and specifications are furnished by Customer, the Electrical Contractor’s interpretation of them. The Electrical Contractor assumes no responsibility as to the accuracy of such plans and specifications. It is further understood and agreed that the Proposal does not include any labor or materials not specifically mentioned herein. Unless otherwise provided in the plans and specifications, the Electrical Contractor shall have the right to select all materials. When specified materials are unavailable, the Electrical Contractor shall have the right to substitute for such specified materials other materials of equal or better quality. On remodeling or relocation jobs, the Electrical Contractor shall have the right to use any existing materials if suitable and to keep any materials that have been replaced by raw
- Unless otherwise specified, Electrical Contractor shall submit its invoice for 100% of the Proposal amount upon completion of the Work and the Customer shall pay such invoice, due upon its receipt. Where Work continues beyond a period of 30 days or is delayed for reasons beyond the control of the Electrical Contractor, monthly progress payments shall be paid in an amount corresponding to the completion percentage of the Work. The Electrical Contractor shall not be required to proceed with the Work if the payments applying on same have not been made as specified in the Proposal. In the event suit is filed by the Electrical Contractor to collect any monies due hereunder or to enforce any other provisions of the Proposal, the Customer agrees to pay all costs, and the attorney’s fees incurred, together with interest on all unpaid balance at the rate of 10% per
- If the Customer’s additions, alterations, rescheduling, acceleration to all or any part of the Work directly or indirectly causes an increase in the cost of or in the time required to perform any part of the Work, an equitable adjustment shall be made to price or time of performance, or both, and Customer shall be charged for on a Time and Material basis in accordance with the current prices shown in the Trade Service Price Book, or similar locally recognized standard in effect at time of If any additions to the Proposal are ordered, the amount to be paid for the same shall be determined by the Customer and the Electrical Contractor at the time that they are ordered, and if they do not agree upon an amount to be paid, then the Customer shall pay a reasonable price therefor. The Electrical Contractor shall receive written orders for all additional work or changes signed by an authorized person before proceeding with such additions or changes. However, if such written orders are not received this shall not affect the right of the Electrical Contractor to receive payment as outlined above for said additional labor and materials so furnished. Payments for changes shall be made as per the payment terms of this Proposal.
- This Proposal is valid only within the period specified. Electrical Contractor reserves the right to change any and all terms and conditions, including pricing, upon the expiry of validity
- I t is a condition of this Proposal that all materials or devices, which are supplied by the Electrical Contractor for installation, will be of a type that is approved for the purpose. I t is further stipulated that the Customer will assume the same responsibility for any material or equipment not furnished by the Electrical Contractor, including the adequacy and approval of all existing services, feeders, panels, control devices, or other facilities which are to be utilized in this installation, and the Customer will assume responsibility for any changes in connection therewith which m a y be required by inspection authorities, or for any other reason, unless otherwise specifically set forth in this
- Any plans, specifications, drawings, or engineering data furnished by the Electrical Contractor to Customer in trust for determining the scope of the work to be performed and shall remain the property of the Electrical Contractor. They shall be immediately returned to the Electrical Contractor in the event he is not awarded to perform such work. I f such plans, specifications, or other data are used for the purpose of obtaining other bids or in connection with the installation, the Customer shall pay the Electrical Contractor for all expense in preparing such plans or other data on an engineering fee
- Electrical Contractor hereby guarantees to the Owner of the location, for a period of one (1) year from date, that the electrical work performed under said contract was performed in a workman like manner and that the electrical material purchased and installed by BERGELECTRIC CORP thereunder was, when installed, free of inherent manufacturing or mechanical defects, all to the extent and on the conditions herein specifically set forth, that is: Electrical Contractor shall replace, without cost or charge to the Owner for either labor or materials, such individual parts of electrical material or apparatus installed under said contract as m a y become defective or unserviceable within the period of the guarantee by reason of any failure of BERGELECTRIC CORP in performing the electrical work in a workman like manner or by reason of inherent manufacturing or mechanical defect in any electrical material or apparatus purchased and installed by the undersigned; provided:
- The Owner notifies the Contractor. in writing, of any failure or default within ten (10) days of the date such failure or default has become
- There shall be no responsibility on BERGELECTRIC CORP to replace light bulbs or globes;
- No person, firm or corporation other than BERGELECTRIC CORP has, during or since the completion of the work performed or attempted to perform any of the electrical work included in said contract or repaired or attempted to repair any of the electrical work performed by BERGELECTRIC CORP thereunder;
- The defect or failure was not caused or affected by the improper use or operation of the electrical facilities installed under said contract
- To the fullest extent permitted by law, and not withstanding any other provision of this Proposal, the total liability, in the aggregate, of the Electrical Contractor, to the Customer and anyone claiming by or through the Customer, for any and all claims. losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Work or the Proposal from any cause or causes shall not exceed the limits, obligations or coverage of the Electrical Contractors Insurance. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Workers Compensation, General Liability and Automobile Liability Insurance are carried by the Electrical Contractor and certificates will be delivered upon request. Customer will carry insurance at full value covering Building (Special Form), Personal Property and all other property to which the services m ay apply, which m a y include Electronic Data Processing Equipment, Boiler and Machinery or Equipment Breakdown insurance. Customer will provide Certificates evidencing such coverage upon Contractor’s request.
- Unless otherwise provided herein, the amount of any present or future sales or other tax, Federal, State or City, which we now, or hereafter shaft be required to pay, either on our own behalf or on behalf of the Customer, or otherwise, with respect to any labor or material covered by this Proposal shall be added to the prices quoted herein and paid by the Customer in the same manner and with the same effect as if originally added
- If the Customer shall enter into a sale or shall self all or any part of the premises herein involved, the full amount remaining unpaid on this Proposal becomes due and payable immediately and prior to such sale or agreement of sale. Title to any of the material sold or installed hereunder by the Electrical Contractor shall remain in the Electrical Contractor until all the terms hereof have been complied with, and in the event such materials are affixed in place, it is expressly understood and agreed that they shall remain personal property subject to removal by the Electrical Contractor. The owner, buyer, and Customer hereby waives any and all claims for damage to said property caused by the removal of said materials or any part
- Proposal amount has been determined on the basis of straight time and normal work week. No overtime will be worked unless ordered by Customer or his representative in writing. In the event overtime is worked, the overtime premium rates plus Electrical Contractor’s regular mark-up for overhead and profit will be paid as an
- Upon cancelation of this agreement for any reason, it is understood and agreed that the Electrical Contractor shall be reimbursed for all costs incurred plus markup and profit, through the date of