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1. Conditions
- These terms supersede any prior agreements and can only be modified in writing by the Seller.
- These definitions apply:
- Buyer: The party contracting for services.
- Seller: OutsourceEstimatingServices.
- Work: Services provided, including estimating, evaluations, and consulting.
- Preliminary Work: Preparatory services, incorporating third-party services.
- Electronic File: Digitized material supplied by either party.
- Intellectual Property: All rights related to copyrights, trademarks, etc.
- Placing an order or request For Work from the Buyer to the Seller signifies acceptance of these terms.
2. Delivery
- Seller is not liable for delivery delays; Buyer must accept the delivery and pay.
- Work is typically delivered electronically; the Buyer handles printing and distribution.
- Seller may deliver in installments; failure to pay by the Buyer may suspend future deliveries.
3. Payment
- Quotations are based on current costs and may be adjusted due to new data send by the Buyer.
- Taxes are the Buyer’s responsibility.
- All Work is chargeable, regardless of production decisions.
- Payment is due before Work starts unless credit terms are established.
4. Credit Facilities
- Payment due within 30 days if credit is granted; late payments incur interest and fees.
- Credit facilities may be revoked at the Seller’s discretion.
5. Materials Supplied by Buyer
- Buyer must keep copies of all submitted electronic files.
- Seller is not liable for errors in Buyer-supplied materials.
- The Seller may reject any electronic files or materials from the Buyer deemed unsuitable for their intended use.
- Property of the Buyer is at the Buyer‘s risk while the Seller has it.
- Seller may charge storage fees.
- Risk in the Work shall pass to the Buyer upon delivery.
6. Seller’s Materials
- Seller’s property remains theirs until all payments are made.
7. Proofs & Variations
- Buyer must approve all information before estimation; any changes may incur extra costs.
- Seller is not liable for mistakes post-approval.
8. Insurance
- Buyer should insure against risks as deemed necessary.
9. Acceptance of Work
- Work is accepted upon delivery.
- The Buyer has one hour to inspect and report issues.
10. Limitation of Liability
- Seller is not liable for indirect losses; liability is limited to the cost of Work.
11. Cancellation
- Orders can be canceled before Work starts, with reimbursement for incurred costs.
12. Reservation of Title
- Work remains the Seller’s property until paid in full.
13. Illegal Issues
- Seller may refuse work that is unlawful or infringes rights.
- The Buyer indemnifies the Seller against related claims.
14. Force Majeure
- The Seller is not liable for delays due to uncontrollable events.
15. Third-Party Rights
- These terms do not confer rights to third parties.
16. Jurisdiction
Governed by US laws; disputes are subject to US courts.
17. Estimating Services
- Buyer must provide clear specifications; the Seller retains rights to use generated Intellectual Property for marketing.
18. Data Protection
- Buyer confirms they have rights to provide personal data.
- The Seller will remove data post-contract.