Terms And Conditions
1.Conditions
1.1. These conditions override any prior agreements and can only be modified by a written agreement from the Seller.
1.2. Key definitions include:
Buyer: The client
Seller: California Estimating Services
Work: Services provided, including estimation and consultation.
Preliminary Work: All preparatory work, including services supplied by third parties.
Intellectual Property: Refers to all forms of rights like copyrights and trademarks, whether registered or not.
1.3. Request or order for Work by the Buyer is acceptance of these terms and conditions.
2. Delivery
2.1. The Seller is not liable for delivery delays; the Buyer must accept and pay for the Work regardless.
2.2. Work is typically delivered electronically; the Buyer is responsible for distribution.
2.3. The Seller can deliver in installments and may suspend further deliveries for non-payment.
3. Payment
3.1. Quotations are subject to adjustment based on updated costs and do not include taxes.
3.2. All work, including Preliminary Work, is chargeable.
3.3. Payment is required before the Work commences unless credit is agreed upon.
4. Credit Facilities
4.1. Payments are due within 30 days of invoicing unless otherwise agreed. Late payments incur interest and fees.
4.2. Credit is granted at the Seller’s discretion and may be revoked without notice.
5. Materials Supplied by the Buyer
5.1. The Buyer must retain copies of submitted Electronic Files; the Buyer must make sure all provided materials are accurate.
5.2. The Seller can refuse unsuitable materials and will charge for corrections if necessary.
5.3. Risk for Buyer-supplied materials is the Buyer’s responsibility.
5.4. Risk passes to the Buyer upon dispatch, and the Seller will store completed Work for a limited time.
6. Materials & Equipment Supplied by the Seller
6.1. Materials owned or provided by the Seller for the Work remain the Seller’s exclusive property.
6.2. Upon Work completion, printed Stationery is delivered to the Buyer, while related materials are destroyed, but the Seller may keep Electronic Files.
6.3. The Seller is not obligated to provide any data from its equipment or in any specific format to the Buyer.
7. Proofs & Variations
7.1. The Buyer must approve all information before production. Variations may incur additional charges.
7.2. Color variations may occur in final products.
8. Insurance
The Buyer must insure against relevant risks.
9. Acceptance of Work
Acceptance occurs upon delivery; defects must be reported within specified time frames.
10. General Exclusion and Limitation
The Seller is not liable for indirect losses. Liability is limited to the price of the Work.
11. Cancellation
Orders can be canceled before the Work begins, but the Buyer must cover incurred costs.
12. Reservation of Title
The Seller retains ownership of Work until fully paid.
13. Illegal Issues
The Seller may refuse unlawful Work. The Buyer indemnifies the Seller against related claims.
14. Force Majeure
The Seller is not liable for failures due to uncontrollable events.
15. Rights of Third Parties
No third-party rights are conferred under these terms.
16. Jurisdiction
Governed by U.S. laws, disputes are subject to U.S. court jurisdiction.
17. Estimating Services
The Buyer must provide clear specifications and is liable for unclarified requirements.
18. Data Protection
The Buyer confirms the right to provide personal data and indemnifies the Seller against breaches.