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2525 Dunwoody Avenue, Wayzata, Minnesota
<br />February 9, 2024
<br />Page | 7
<br />STANDARD TERMS AND CONDITIONS
<br />SBN SERVICES, LLC d/b/a
<br />CRITERIUM - SCHIMNOWSKI ENGINEERS
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<br />This design is expressly made subject to the following terms and conditions to which all persons that receive and rely
<br />thereon agree:
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<br />Section 1: Standard of Service
<br />Criterium-Schimnowski Engineers (CSE) is dedicated to providing its clients with quality service. Services performed
<br />by CSE under this agreement will be conducted in a manner consistent with that level of care and skill that is
<br />ordinarily exercised by members of the profession currently practicing under similar conditions at the time the
<br />services are performed. No other warranty, express or implied, is made. Client recognizes that interpretations and
<br />recommendations of CSE are based solely on the information available to the company. CSE will be responsible for
<br />those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the
<br />information developed.
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<br />Section 2: Charges
<br />Services are generally provided on a lump sum or an hourly basis plus necessary out-of-pocket costs.
<br />
<br />Where appropriate, company and personal vehicles used in conjunction with project work will be charged at the
<br />current IRS rate or other stated rate per mile. Vehicle rental or special vehicle requirements will be charged directly to
<br />the client. Out-of-pocket costs such as printing, word processing, reproduction, special consultant fees, permits,
<br />special equipment, extraordinary insurance, fares, telephone, overnight lodging or meals expense, and other similar
<br />project-related costs are billed at cost plus 10 percent. In the event that CSE shall be charged more than a nominal fee
<br />to obtain public information or documents of record from government offices and public agencies CSE may pass those
<br />costs along to you, our client, at cost plus 10 percent in addition to all other fees in our proposal.
<br />
<br />Section 3: Terms of Payment, Invoice Submittals
<br />CSE requires a retainer fee to be paid before commencing any project. Extended engagements may require interim
<br />invoicing on a weekly, monthly, or other basis. At the completion of the project, we will issue a final invoice. Retainer
<br />fee may be waived at CSEs discretion.
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<br />Payment of each invoice is due upon presentation of our report unless credit terms have been established and are
<br />included in our project agreement. Unless otherwise agreed to in writing, invoices issued to clients with established
<br />credit will be due upon receipt. Failure to pay invoices within the allotted time period will constitute a breach of
<br />contract and may result in suspension of work until such time as all overdue payments are made in full. Should any
<br />suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended
<br />by the period of the suspension.
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<br />All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance
<br />charge in the amount of 1½ percent per month from the date of invoice, with the annual percentage rate being
<br />18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary, in
<br />the opinion of CSE, to initiate collection procedures, the client hereby agrees to pay all collection costs including, but
<br />not limited to, reasonable fees for attorneys retained by CSE and court costs at our standard billing rate for time
<br />necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the
<br />foregoing Terms of Payment, Invoice Submittal must be specified in writing as part of our confirmation letter or
<br />project agreement.
<br />
<br />Section 4: Insurance
<br />CSE represents and warrants that it is protected by Workers Compensation insurance and has such coverage under
<br />Public Liability and Property Damage insurance policies which CSE deems adequate. Certificates for all such policies
<br />of insurance shall be provided to the Client upon request in writing. CSE shall not be responsible for any loss,
<br />damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it.
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<br />Section 5: Limitation of Liability
<br />5.a. To the fullest extent permitted by law, neither CSE, its consultants, nor their agents or employees shall be jointly,
<br />severally, or individually liable to client in excess of the compensation to be paid pursuant to this agreement, by
<br />reason of any claim, loss, costs, or damages whatsoever arising out of, resulting from or in any way related to this
<br />Project or Contract, including but not limited to breach of contract or negligence.
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