Terms and Conditions | What You Need to Know
1. Conditions
1.1. These conditions replace all prior agreements and can only be modified in writing by the Seller.
1.2. The following definitions apply:
Buyer: The party contracting for the Work.
Seller: MEPEstimatingServices
Work: Services including estimating and consulting.
Preliminary Work: Preparatory services
Electronic File: Any digital material provided.
Intellectual Property: All related rights.
1.3. Placing an order confirms acceptance of these Conditions.
2. Use of Information
2.1. The Seller is not liable for delivery delays; the Buyer must accept and pay for the Work.
2.2. Work is typically delivered electronically.
2.3. The Seller may deliver in installments; non-payment can cease further deliveries.
3. Payment
3.1. Quotations are based on current costs and may adjust for additional Work.
3.2. Prices exclude applicable taxes, which the Buyer must cover.
3.3. All Work is chargeable, regardless of production decisions.
3.4. Extra charges apply for issues caused by the Buyer.
3.5. Payment is required before the Work begins unless credit is agreed.
4. Credit Facilities
4.1. Payment terms are 30 days unless otherwise arranged. Late payments incur interest and fees.
4.2. Credit facilities are granted at the Seller’s discretion and can be withdrawn.
5. Materials from Buyer
5.1. Buyers must keep copies of Electronic Files; the Seller is not liable for inaccuracies.
5.2. The Seller may refuse unsuitable materials and charge for related costs.
5.3. Buyer assumes risk for supplied materials and must ensure they have rights to them.
5.4. Risk passes to the Buyer upon dispatch; materials may be destroyed after a specified period.
6. Seller’s Materials
6.1. Seller retains ownership of materials used in production.
6.2. Printed items are delivered, while other materials may be destroyed.
6.3. No obligation exists for Seller to provide data from its equipment.
7. Proofs & Variations
7.1. Buyer must check and approve all information before production; the Seller is not liable for uncorrected errors.
7.2. Variations incur additional charges.
7.3. Buyer must review Work before submission; the Seller is not liable for post-submission errors.
7.4. Color variations may occur unless specified.
7.5. All implied warranties on the Work quality are excluded.
8. Insurance
Buyers must insure against risks related to delivery and liability.
9. Acceptance of Work
Work is accepted upon delivery, with an hour inspection window for defects.
10. Limitations of Liability
10.1. Seller is not liable for indirect losses.
10.2. Remedies are limited to damages not exceeding the price of Work.
10.3. Seller is not liable for property damage or unauthorized repairs.
11. Cancellation
Buyers may cancel orders before Work starts, incurring charges for costs and lost profit.
12. Reservation of Title
Work remains Seller’s property until fully paid.
13. Illegal Issues
Seller can refuse unlawful Work; the Buyers indemnify the Seller against related claims.
14. Force Majeure
Seller is not liable for delays beyond control, including natural disasters and strikes.
15. Rights of Third Parties
No third-party rights are granted under these Conditions.
16. Jurisdiction
U.S. laws govern this contract, with disputes subject to U.S. courts.
17. Estimating Services
Buyers must provide clear specifications and responses; Seller owns generated Intellectual Property.
18. Data Protection
Buyers ensure they have rights to personal data provided and indemnify Seller against breaches.