Being bulletproof helps...
PROPOSAL Page 2 of 2
Individuals with authorization to sign change orders shall be:
Name&Title:__________________________________________________________
Name:&Title__________________________________________________________
ELECTRICAL CONTRACTOR SHALL NOT BE LIABLE: Theft by others, items installed are considered sold. For failure to perform if prevented by strikes, or other labor disputes, accidents, acts of God, terrorism or war damages, governmental or municipal interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier, or other causes beyond Electrical Contractor's control. In no event, shall the Electrical Contractor be liable for special or consequential damages whatsoever; however caused.
EXCLUSIONS: This proposal does not include concrete, forming, painting, patching, trenching, core-drilling, venting and sealing of roof and wall penetrations. Electrical Contractor recommends specialist contractors for the aforementioned activities. All waste created by Electrical Contractor will be removed to a specific area on the construction site. Electrical Contractor not responsible for spores or molds, EIS, regulatory, permit, or inspection fees, power, communications, or tele-data billings to project.
LIGHTING FIXTURES AND EQUIPMENT SUPPLIED BY OTHERS
1) Price includes installation of lighting fixtures furnished by others, if lighting fixtures are on job at time of electrical trim out. (2) Price does not cover the warranty of lighting fixture and equipment supplied by others. (3) Price does not cover the assembly of lighting fixtures and/or equipment supplied by others. (4) Price does not cover lighting fixtures weighing more than fifty (50) pounds. (5) Fluorescent lighting fixtures supplied by others shall be, assembled, pre-whipped, pre-lamped with in-line fuses.(6) Equipment supplied by others shall be installed by others except lighting fixtures according to conditions above. (7) Electrical Contractor shall not be responsible for Owner-provided lighting fixtures and equipment. Losses due to theft, damage, vandalism, etc. are not the responsibility of this Electrical Contractor. Electrical Contractor shall not receive nor store Owner-provided lighting fixtures or equipment.
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 according to this proposal will remain the property of the Electrical Contractor until paid in full. it is understood that this Electrical Contractor shall have the authorization to enter upon owner/contractor for the purpose of repossessing material and equipment whether or not installed without liability to owner/contractor for trespass or any other reason.
NATIONAL AND LOCAL CODES: Electrical installation shall meet the National Electrical Code. Errors in design by the architect and/or engineer are not the responsibility of the Electrical Contractor. Any additional outlets, wiring, lighting fixtures, equipment, etc. not indicated on blueprints and specifications that are required by others (i.e. inspectors) shall not be part of this proposal.
NON COMPETE CLAUSE: Owner and all representatives of owner/contractor are not to contract or employee any contractor employees for a period of one (1) year from the completion of any of any electrical work performed by this contractor with said Owner/Agent within an area of a fifty (50) mile radius from this job site.
OWNER/CONTRACTOR DEFAULTS: Owner/Contractor will be in default: (1) any payment called for under this proposal and all authorized change orders becomes past due;(2) any written agreement made by the owner/contractor is not promptly performed; or (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 the proposal. Electrical Contractor's remedies in the event of owner/contractor defaults, Electrical Contractor may do any or all of the following (1) Suspend the work and remove it's material/equipment from the premises; (2) remove any Electrical Contractor-supplied material/equipment, whether or not it has been installed and whether or not it has been placed in operation. In this regard, owner/contractor agrees that Electrical Contractor 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 money 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 Electrical Contractor in enforcing its rights under this proposal.
PERFORMANCE: Contractor agrees that where a written construction schedule is provided with the signing of this proposal and fails to comply with said schedule, Contractor shall pay all overtime costs necessary to complete construction in a timely manner. If a written construction schedule is not provided with the signing of this proposal, Electrical Contractor 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 change orders referred to above. Reasonable time shall be given to Electrical Contractor to complete each phase of the electrical job.
WARRANTY: (1) Warranties apply exclusively to the electrical installation of the material, lighting fixtures, equipment, and other items supplied by the Electrical Contractor, (2) Warranty does not apply to material, lighting fixtures, equipment and other items supplied by others. (3) Warranty does not apply to extensions or additions to the original installation if made by others. (4) Warranty shall commence from the final electrical inspection date for a period of one (1) year. (5) Warranty does not apply for acts of God, "others" improvements, sabotage, vandalism, or terrorism or war damages, governmental or municipal interference. Warranty does not apply if any payments according to this proposal become past due including change orders.
