Terms And Conditions
Conditions
1.1 These conditions override any prior agreements or documents, and may only be modified by a signed written agreement from the Seller.
1.2 Definitions:
“Buyer” refers to the party requesting the Work.
“Seller” refers to NorthCarolinaEstimating.
“Work” includes all services like estimating and consulting.
“Preliminary Work” means preparatory services, including third-party work.
“Electronic File” refers to any digital content.
“Intellectual Property” includes all related rights, whether registered or not.
1.3 Placing an order confirms acceptance of these Conditions.
2. Delivery
2.1 The Seller is not liable for delivery delays, and the Buyer must accept and pay for the Work regardless.
2.2 Work will be supplied electronically unless otherwise agreed.
2.3 The Seller may deliver Work in installments, and payment must be made for each; failure to pay may result in suspended deliveries.
3. Payment
3.1 Quotations may be adjusted for new or revised information.
3.2 Taxes are not included in quotations and are the Buyer’s responsibility.
3.3 All work, including Preliminary Work, is chargeable.
3.4 Extra Work due to Buyer’s errors will be charged.
3.5 Unless credit facilities are agreed. Payment is due before work starts.
4. Credit Facilities
4.1 Payment is due within 30 days if credit is granted; late payments will incur interest and collection costs.
4.2 Credit is at the Seller’s discretion and may be withdrawn at any time.
Materials Supplied by Buyer
5.1 The Buyer retains copies of submitted files. The Seller is not liable for errors in the Buyer’s materials unless agreed in writing.
5.2 The Seller may refuse unsuitable materials and charge for any additional costs.
5.3 Buyer-supplied materials are at the Buyer’s risk, and storage fees may apply.
5.4 Finished Work is the Buyer’s responsibility upon delivery.
6. Materials & Equipment Supplied by Seller
6.1 Seller retains ownership of all materials used until payment is made.
6.2 On completion, materials will be destroyed, and the Seller may retain copies of digital files.
7. Proofs & Variations
7.1 The Buyer must approve all information before production.
7.2 Variations requested by the Buyer will incur extra charges.
7.3 The Buyer must review and approve completed Work before submission.
8. Insurance
The Buyer is responsible for insuring against risks related to delivery, storage, and liability.
9. Acceptance Of Work
Work is accepted by the Buyer upon delivery, with defects needing to be reported within 12 hours.
10. Limitation of Liability
10.1 The Seller is not liable for consequential losses or indirect damage.
10.2 Liability is limited to the price of the Work.
10.3 The Seller is not liable for damage to property, unauthorized repairs, or other losses.
10.4 The Buyer must accept a replacement offer unless reasonable cause to refuse.
10.5 The Buyer must inspect and approve Work before forwarding it for further processing.
11. Cancellation
11.1 The Buyer may cancel before Work starts but must reimburse the Seller for expenses incurred.
11.2 A reasonable administration charge will apply on cancellation.
12. Reservation of Title
12.1 The Seller retains ownership of the Work until full payment is made.
12.2 The Buyer must return the Work on request.
12.3 The Seller may sell Work to cover any outstanding debts.
13. Illegal Issues
13.1 The Seller may refuse Work that violates laws or infringes rights.
13.2 The Buyer indemnifies the Seller against any claims related to unlawful or defamatory material.
14. Force Majeure
The Seller is not liable for failure to deliver due to circumstances beyond its control, such as natural disasters, strikes, or system failures.
15, Third-Party Rights
These conditions do not grant third-party rights enforceable under U.S. law.
16. Jurisdiction
This contract is governed by U.S. law, and disputes are subject to U.S. courts.
17. Estimating Services
17.1 The Buyer must provide clear specifications and respond promptly.
17.2 Intellectual Property created during the work belongs to the Buyer, though the Seller retains the right to use it for marketing.
17.3 The Seller is not liable for unspecified requirements.
18. Data Protection
18.1 The Buyer grants the Seller permission to handle personal data. The Buyer indemnifies the Seller against data protection breaches.
18.2 The Seller deletes personal data after contract completion.