PERFORMANCE:
CEC agrees that where a written construction schedule is provided with the signing of this proposal and fails to comply with said schedule, CEC shall pay overtime costs necessary to complete electrical installation in a timely manner. This clause is limited to CEC and its sub-contractors and shall in no way be applied to the overtime costs of other contractors and sub-contractors. If a written construction schedule is not provided with the signing of this proposal, CEC shall not pay for any overtime to complete project and any overtime required shall be considered an extra and authorization shall be required according to MOVES, ADDS, CHANGES AND EXTRAS clause. Reasonable time shall be given to CEC to complete each phase of the electrical job. All waste created by CEC will be removed from site.
MATERIALS AND EQUIPMENT:
All material and equipment shall be as warranted by the manufacturer and will be installed in a manner consistent with standard practices at this time. It is agreed that title to all material required (for the purpose of this proposal) to remain the property of CEC until paid in full. It is further understood that CEC shall have the authorization to enter upon owner/contractor property for the purpose of repossessing equipment without liability to owner/contractor for trespass or any other reason.
EXCLUSIONS:
This proposal does not include concrete; forming; painting; patching; trenching; venting and sealing of roof or wall penetrations; light fixtures and fixture hanging not included except as indicated.
MOVES, ADDS, CHANGE ORDERS AND EXTRAS:
Any deviation, alteration or changes from this proposal will be executed on receipt of written work order. Said changes shall in no way affect or make void the proposal. Charges for changes or modification to this proposal will be based on a labor rate of seventy-five dollars ($75.00) per man-hour. This labor rate includes labor, labor benefits, supervision, overhead, warranty, and other cost. Material shall be charged at contractor's list price, plus 20% markup, plus delivery costs, plus any applicable taxes and fees. Any deviations of plans not deemed a Change Order will be considered an Extra and will be billed on a Time and Material Basis.
CEC must receive written authorization by any of the individuals listed below prior to commencement of the work.
Individuals authorized to sign written change orders shall be:
FIXTURES AND EQUIPMENT SUPPLIED BY OTHERS:
CEC shall not be responsible for fixtures and equipment supplied by others and losses due to theft, damage, vandalism, etc. are not the responsibility of CEC.
Fixtures and equipment furnished by others must be stored by others.
Price does not include:
1. Any allowances for any additional work, material, permits etc not mentioned directly in the scope.
WARRANTY:
Warranties shall apply exclusively to the electrical installation of the material, fixtures, equipment, and other items supplied by the CEC.
Warranty does not apply to:
(1) Material, fixtures, equipment and other items supplied by others.
(2) Extensions or additions to the original installation if made by others.
(3) Fixtures or assemblies that are not UL listed or labeled as a fixture or an assembly, including imported luminaries and equipment.
Warranty shall commence from the final electrical inspection (or final Punch-Out) date for a maximum period of one (1) year. Warranty or service will not be performed if any payments according to this proposal become past due including change orders.
CEC SHALL NOT BE LIABLE:
For failure to perform if prevented by strikes, or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier, or other causes beyond CEC?s control. In no event shall CEC be liable for special or consequential damages whatsoever or however caused.
OWNER/CONTRACTOR DEFAULTS:
Owner/contractor will be in default if:
(1) Any payment called for under this proposal and all authorized change orders become past due.
(2) Any written agreement made by the owner/contractor is not promptly performed.
(3) Any conditions warranted by the owner/contractor prove to be untrue.
(4) Failure of owner/contractor to comply with any of the conditions of this proposal.
CEC?s remedies in the event of owner/contractor defaults, CEC may do any or all of the following:
(1) Suspend the work and remove its material/equipment from the premises.
(2) Remove any CEC-supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, owner/contractor agrees that CEC may enter upon owner/contractor property for the purpose of repossessing such equipment without liability to owner/contractor for trespass or any other reason.
(3) Retain all monies paid hereunder, regardless of the stage of completion of the work and bring any appropriate action in court to enforce its rights. The owner/contractor agrees to pay all costs and expenses, attorney's fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by CEC in enforcing its rights under this proposal.
CEC carries Professional Liability Insurance covering its work on this job. Owner/contractor agrees to notify his/her insurance company of the commencement of work. Risk of loss due to fire, windstorm, vandalism, or other casualty shall be upon the owner/contractor.
