1. Conditions
1.1 These conditions supersede any previous agreements and apply unless modified in writing by the Seller.
1.2 Definitions:
- “Buyer” refers to the client purchasing the Work.
- “Seller” refers to Massachusetts Estimating
- “Work” includes all services provided.
- “Preliminary Work” means all preparatory work.
- “Electronic File” is any digital form of material supplied.
- “Intellectual Property” includes all copyrights, patents, and other related rights.
1.3 Ordering or request for Work is proof of the Buyer accepts these conditions.
2. Delivery
2.1 The Seller is not liable for delays in delivery. The Buyer must accept delivery and pay regardless of delays.
2.2 Work is supplied electronically unless otherwise agreed.
2.3 The Seller may deliver Work in installments; non-payment can lead to suspension or termination.
3. Payment
3.1 Prices are based on current costs and may change if more work is needed.
3.2 Taxes are the Buyer’s responsibility.
3.3 Preliminary Work is chargeable regardless of whether the Buyer proceeds.
3.4 Extra work due to Buyer errors or delays is chargeable.
3.5 Payment is due before Work starts unless credit terms are agreed.
4. Credit Facilities
4.1 Credit terms require payment within 30 days. Late payments incur interest and costs.
4.2 Credit facilities can be withdrawn by the Seller at any time.
5. Materials Supplied by the Buyer
5.1 Buyer retains copies of any Electronic Files. The Seller is not liable for errors in files supplied by the Buyer.
5.2 The Seller may refuse unsuitable materials and charge for corrections.
5.3 Buyer’s materials are at their risk, and the Buyer must ensure they own all rights to any materials supplied.
5.4 Finished Work risk passes to the Buyer upon dispatch.
6. Materials Supplied by the Seller
6.1 Seller retains ownership of materials until full payment.
6.2 The Seller may destroy materials after completing the Work.
7. Proofs & Variations
7.1 The Buyer must approve all information before production; the Seller is not responsible for unapproved errors.
7.2 Any variations are chargeable.
7.3 The Buyer is responsible for checking quotes before submission.
8. Insurance
The Buyer must insure against risks related to delivery, storage, and liability.
9. Acceptance of Work
The Work is accepted upon delivery unless defects are reported within 4 hours.
10. Limitation of Liability
10.1 The Seller is not liable for indirect losses.
10.2 Seller’s liability is limited to the price of the Work.
11. Cancellation
The Buyer can cancel before Work starts, but must reimburse the Seller for incurred costs and lost profits.
12. Reservation of Title
12.1 The Seller retains ownership of Work until paid for.
12.2 The Buyer must return Work upon request if payment is not made.
13. Illegal Issues
13.1 The Seller can refuse Work if it violates laws or third-party rights.
13.2 The Buyer indemnifies the Seller against claims due to unlawful content.
14. Force Majeure
The Seller is not liable for delays caused by unforeseen events like war, natural disasters, or strikes.
15. Third Party Rights
The conditions do not grant enforceable rights to third parties.
16. Jurisdiction
This contract is governed by US law, with disputes handled in US courts.
17. Estimating Services
17.1 The Buyer must provide a clear specification.
17.2 Intellectual Property created by the Seller belongs to the Buyer but may be used by the Seller for marketing.
17.3 The Seller is not liable for unclear specifications.
18. Data Protection
18.1 The Buyer confirms it has the right to provide personal data to the Seller.
18.2 The Seller deletes personal data after contract completion.