|
1350 Rest Point Circle, Mound, Minnesota
<br /> June 9, 2022(Rev. June 16, 2022)
<br /> Page 17
<br /> TERMS AND CONDITIONS-Effective Nov.10.2020 •
<br /> This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
<br /> thereon agree:
<br /> 1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner
<br /> consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
<br /> conditions at the time and in the locality the services are performed.
<br /> • CLIENT recognizes that interpretations and recommendations of ENGINEER are based solely on the information
<br /> available to the company.
<br /> • ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the
<br /> interpretation by others of the information developed.
<br /> • Services provided reflect the professional judgment of ENGINEER,to the best of ENGINEER's knowledge,
<br /> information,and belief as of the date hereof.
<br /> • No other warranty or guarantee,express or implied, is made.
<br /> 2. SCOPE OF SERVICE:Services performed by ENGINEER are expressly limited by the scope of services ENGINEER
<br /> has been employed by CLIENT to perform.
<br /> 3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended
<br /> engagements may require interim invoicing on a weekly,monthly,or other basis.At the completion of the project,we
<br /> will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted
<br /> time period will constitute a breach of contract and may result in suspension of work until such time as all overdue
<br /> payments are made in full.Should any suspension occur because of overdue payments,the time for contract
<br /> completion, if any is stated,shall be extended by the period of the suspension. Invoiced balances remaining unpaid for
<br /> thirty(30)days after the date of invoice may be charged a finance charge in the amount of/2 percent per month from
<br /> the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS'opinion to initiate
<br /> collection procedures,the CLIENT hereby agrees to pay all collection costs including,but not limited to, reasonable
<br /> fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court
<br /> appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be
<br /> specified in writing.
<br /> 4. OWNERSHIP OF DOCUMENTS:All reports,field data,field notes,calculations,estimates and other documents
<br /> ('reports')prepared by Engineer,as instruments of service,shall remain the property of Engineer.CLIENT agrees that
<br /> all reports furnished to CLIENT or his agents,which are not paid for,will be returned upon demand and will not be used
<br /> by CLIENT for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for
<br /> •
<br /> a period of five years following submission of the report,during which period the records will be made available to
<br /> CLIENT at all reasonable times.
<br /> 5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish CLIENT with an electronic copy of our report,drawings, or
<br /> documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at
<br /> charge of cost plus 10 percent, at ENGINEERS's sole discretion. ENGINEER shall retain an electronic copy of the final
<br /> documents in its files for a period of five years.
<br /> 6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has
<br /> such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate.
<br /> Certificate for all such policies of insurance shall be provided to the CLIENT upon request in writing. ENGINEER shall
<br /> not be responsible for any loss,damage or liability arising from any acts by CLIENT,its agents,staff and other
<br /> consultants employed by it.
<br /> 7. TERMINATION:This agreement may be terminated by either party by written notice. In the event of termination,
<br /> ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
<br /> CLIENT not ENGINEER may delegate,assign,sublet or transfer his/her duties or interest in this Agreement without the
<br /> written consent of the other party.
<br /> 8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, CLIENT and ENGINEER
<br /> (a) waive against each other,and the other's employees,officers,directors,agents, insurers,partners, and
<br /> consultants, any and all claims for or entitlement to special, incidental, indirect,or consequential damages
<br /> arising out of, resulting from, or in any way related to this report,
<br /> (b) agree that ENGINEER's total liability to CLIENT shall be limited to the total amount of compensation received
<br /> by ENGINEER,
<br /> (c) agree that CLIENT will defend, indemnify, and hold harmless ENGINEER from and against any claims,
<br /> liabilities, actions,demands, losses,damages,costs and expenses sustained by any third-party not granted
<br /> reliance on ENGINEER's reports and services,
<br /> (d) agree that any action arising out of or related to the services provided must be brought to ENGINEER'S
<br /> attention no later than two(2)years after the date of the services, and
<br /> (e) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to
<br /> recover costs and expenses, including reasonable attorneys'fees and costs.
<br /> 9. FORCE MAJEURE:The engineer shall not be responsible or liable for any failure or delay in the performance of its
<br /> obligations under this contract arising out of or resulting from any cause or event beyond our control,such as war,
<br /> strike,crime,epidemic/pandemic, regulations and/or restriction imposed by any government agency, or other event.
<br /> Independently Owned and Operated
<br /> 161 Dunbar Way/Mahtomedi, MN 55115
<br /> 0: 651.779.7700/criterium-schimnowski.com t,#)
<br />
|