Terms And Conditions
Conditions
1.1. These terms override any prior agreements and cannot be altered without written consent from the Seller.
1.2. In these terms, the following definitions apply:
Buyer: The party for whom Washington Estimating provides the Work.
Seller: Washington Estimating
Work: All services provided, including estimating and consulting.
Preliminary Work: Preparatory work, including third-party services.
Electronic File: Digitized text, illustrations, or materials supplied or produced by either party.
Intellectual Property: All copyrights, trademarks, patents, and other intellectual property rights, whether registered or not.
1.3. The Buyer accepts these terms by placing an order or putting in a request for Work.
Delivery
2.1. The Seller is not liable for delivery delays.
2.2. Work is provided electronically, and the Buyer is responsible for printing, storing, or distributing it.
2.3. Payment delays may suspend further deliveries.
3. Payment
3.1. Quotations may be adjusted based on new information.
3.2. Prices exclude taxes, which are the Buyer’s responsibility.
3.3. Work is chargeable even if production does not proceed, and extra charges may apply for defects in Buyer-provided materials.
4.Credit Facilities
4.1. If credit facilities are granted by the Seller, payments are due 30 days after the invoice.
4.2. Late payments incur interest and collection costs. The Seller may withdraw credit facilities at any time.
5. Materials Supplied by the Buyer
5.1. The Buyer assumes the risk for materials provided.
5.2. The Seller is not responsible for inaccurate files unless otherwise agreed.
5.3. If files are unsuitable, the Seller may refuse or charge for corrective work.
6. Materials Supplied by the Seller
Materials provided by the Seller remain its property. Printed materials are delivered, while other materials may be destroyed after completion.
7. Proofs & Variations
7.1. The Buyer must approve all work in writing before production.
7.2. Any requested changes may incur additional charges.
7.3. The Seller is not liable for errors after approval.
8. Insurance
The Buyer should insure against risks related to delivery, storage, and liability.
9. Acceptance of the Work
The Buyer must inspect the Work within 24 hours of delivery. Any defects must be reported within 48 hours.
10. Limitation of Liability
The Seller is not liable for consequential losses or damages. Its liability is limited to the price paid for the Work.
11.Cancellation
The Buyer may cancel orders before Work begins but must cover incurred costs.
12. Reservation of Title
The Seller retains ownership of the Work until full payment is received. Unpaid Work must be returned upon request.
13. Illegal Issues
The Seller can refuse any Work deemed unlawful or infringing on third-party rights. The Buyer indemnifies the Seller against related claims.
14.Force Majeure
The Seller is not responsible for delays or losses due to events beyond its control, such as natural disasters and strikes.
15. Third-Party Rights
These terms do not grant third parties enforceable rights.
16. Jurisdiction
This contract is governed by U.S. law, and disputes are subject to U.S. courts.
17. Estimating Services
The Buyer must provide clear specifications. Intellectual Property generated during the contract belongs to the Buyer, though the Seller may retain copies for marketing purposes.
18. Data Protection
The Buyer ensures it has the right to provide any personal data to the Seller. The Buyer indemnifies the Seller against any claims related to data protection violations.
