Customer agrees to be bound to these Standard Terms and Conditions (“Terms and Conditions”), which shall govern the relationship between Quality Creative Concrete Cutting LLC (“QCC”) and Customer for all purposes during the provision of services by QCC to Customer. Customer’s request, approval, or consent, in any form, for QCC to commence or proceed with any provision of services will irrevocably be deemed to be acceptance by Customer of all of the following terms and conditions, and any subsequent version thereof.
1. Original invoices will be mailed to the billing address stated on Customer’s credit application. Payment is due upon receipt or 1% Net 15 days from the date of the invoice. Any invoice (outstanding balance) not paid according to QCC’s terms will be considered past due and subject to service charge(s) at a rate of 18% per annum (1½ % per month), or the maximum amount allowed by law, whichever is higher. Retention is not allowed. A $50.00 fee shall be assessed for each returned check. Should it become necessary to place Customer’s account with a collection agency or attorney for collection, Customer shall pay all collection costs, including, but not limited to, attorneys’ fees, expert witnesses’ fees, and court costs, in addition to all other sums due. Should any account become past due, Customer’s right to purchase on credit may be suspended at the sole discretion of QCC. QCC reserves the right to withhold, cancel, or modify credit privileges at its sole discretion and for any reason.
2. Upon request, Customer will provide updated credit information (on QCC’s standard form). Any and all credit, financial and other information submitted to QCC shall be true, correct, and complete on the date submitted. QCC may at any time obtain credit information about Customer from any credit bureau, its employer, or any other person in connection with any of Customer’s dealings with QCC and QCC may disclose (automatically or upon request) credit information about Customer to credit bureaus and to persons with whom Customer has or proposes to have financial dealings or if QCC believes disclosure is required by law. Customer hereby consents to the collection, use, and disclosure of any personal information disclosed to QCC, if any, in order for QCC to determine Customer’s credit worthiness, to meet Customer’s requests for services, to administer accounts, and to comply with legal requirements. Without limiting the foregoing, Customer hereby consents to the disclosure of personal information to third parties where required in order to obtain credit reports and credit references and to otherwise determine credit worthiness.
3. If at any time, QCC owes credits, refunds, or other monies to Customer, QCC has the right, at its sole discretion, to set off these amounts against any unpaid invoices.
4. Customer covenants that it has or will comply with all state, federal, and local taxes, orders, laws, statutes, ordinances, codes, rules, and regulations (collectively, “Applicable Law”) with respect to safety, accident prevention, property damage prevention, and safe work practices. Customer covenants that it has or will conduct inspections to determine if safe working conditions and equipment exist. Customer further covenants that, when appropriate, timely notice has been given of a planned excavation in accordance with Applicable Law.
5. Unless otherwise agreed to in writing prior to QCC’s performance of services, and subject to general industry practice, the services provided by QCC do not include: layout, flagging and barricades, traffic control, dust and water control, utilities (cut, cap and demo), protective covers, shoring, scaffolding, work with hazardous materials, ventilation, earthwork, repair of pavement scarring, pile extraction, salvage for others, delays or accelerations, testing inspections, permits, sales and use tax, bonds, and surface preparation.
6. Unless otherwise agreed to in writing prior to QCC’s arrival on site, it is Customer’s responsibility to: locate, identify, mark, and de-energize any buried or hidden utility services; provide layout for areas to be drilled, sawcut, broken-out, excavated, or x-rayed; and provide safety rails, covers, hoarding, platforms, etc., all in accordance with Applicable Law.
7. Certain government agencies and owners specify that concrete slurry created during the cutting process be collected, removed from the job site, and properly disposed of. Slurry collection and disposal is not included in the price of services provided by QCC and will be performed when required by Applicable Law or requested by Customer at standard hourly rates. In the event Customer desires to perform the slurry clean up with its own crews and equipment, Customer shall so indicate by notifying QCC in writing.
8. QCC shall have no duty or obligation to defend or indemnify Customer or any third party for any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceedings, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenue, and expenses (including, but not limited to, any fees of accountants, attorneys, experts, or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened, or alleged, arising out of, resulting from, or in any way (either directly or indirectly) related to the work or services provided by QCC, except to extent caused by QCC.
TERMS SPECIFIC TO SCANNING SERVICES
9. By entering into the attached Agreement, Customer hereby accepts, agrees to and acknowledges, the following terms and limitations on Services to be provided by QCC to Customer:
a. QCC uses electromagnetic, magnetic, and radiographic (x-ray) equipment for the purpose of Non-Destructive Testing, Damage Prevention, and Hazard Location to assist in the requests of Customer or Customer’s representative(s).
b. QCC does not make any express or implied warranty as to the result of the scanning.
c. Analysis provided by QCC to the Customer is based on collected data that is imperfect and incomplete due to the limitations of the technology used for scanning. As such, QCC will provide advice, but no express or implied warranty, on the probable location of embedded objects that may be detected by the technology used by QCC.
d. The final determination for the location of any destructive testing is at the sole discretion of the Customer, not the QCC.
e. GPR (Ground Penetrating Radar) is a form of Non-Destructive Testing used by the QCC. GPR can produce false positives and false negatives. Additionally, results can vary when utilizing GPR depending on several factors, including, but not limited to, inadequate working space (e.g. no GPR data can be collected within 6″ of any vertical obstruction for concrete inspection), depth of signal penetration, extreme temperatures, subsurface distribution/geometry, classification, conductivity and moisture content of subsurface material, spatial placement of objects within, or obstructions within the examination area, such as reinforcing steel, steel mesh, metallic filings, conduits, metal fencing, catch basins, and railway lines among others. Based on the above limitations, Customer is advised, and hereby agrees, to corroborate GPR data with other sources (engineering plans, schematics, building history) before making a determination for the location of any destructive testing.
f. All markings represent the inferred center point of the object and do not in any way designate the size of the object. QCC advises Customer against making any cut within 2 inches of the edge of any probable rebar, 6 inches of the edge of any probable post tension cable, and 3 inches of the edge of all other probable embedded objects (including but not limited to conduit, and other utility lines). We advise against cutting within 3 inches of the edge of the line on either side. However, 6 inches from the edge of the line is the preferred distance for cutting/coring near post tension cable when possible.
For utility locating, follow state and federal laws associated with digging near utilities. Local protocols may vary. For utilities deeper than 12 inches, QCC advises hand digging only (non mechanized) within 36 inches horizontally of field markings.
g. QCC may employ a fixed frequency Utility Locating device which can be severely affected by competing magnetic fields from sources including, but not limited to, nearby-metal objects, utility/service congestion and electronic equipment. Results from this equipment may be distorted and/or unattainable. Magnetic/Electromagnetic fields which propagate from linear conductors from either passive or active induction, including, but not limited to reinforcing steel bars and nearby services or railway lines, can lead to false markings and inconclusive results. Direct access to ‘detectable’ services is required with this equipment to generate (or induce) current to flow on specific services.
h. Customer must locate and mark all services/utilities that are publicly owned and within the work area through an appropriate contractor before QCC commences its scanning services.
i. The approximate location of all scanned objects are for the convenience of the Customer only. Customer defend, indemnify and hold harmless QCC for any property damage or personal injury, including death, to any person arising out of, or relating to, the result of the information provided by QCC’s scanning.
j. At customer’s request QCC may mark a target area with the location of probable embedded objects. After QCC leaves the target area worksite, QCC is responsible for the maintenance and integrity of the markings for future use.
k. When provided, written communications as a submitted report and/or a site mark-up take precedence and supersede any verbal advice provided by QCC to the Customer.
10. QCC expressly disclaims any and all warranties, express or implied, including, without limitation, any warranty of merchantability and/or fitness for a particular purpose.
11. Notice of any delay or damage claims must be delivered in writing to QCC within 48 hours of occurrence of the event giving rise to such claim. Customer waives all rights to assert a claim unless such notice is given as required by this paragraph. QCC’s liability for a claim that results from the provision of any services to Customer is limited to the amount charged by QCC for the specific service involved in the claim. Under no circumstances will QCC be liable for special, indirect, incidental, punitive, liquidated, or consequential damages, including, but not limited to, loss of profits, revenue, or use.
12. QCC reserves the right to supply labor, materials, and services on credit on “job accounts” or “project accounts” only. In the event that QCC exercises that right, Customer agrees to provide QCC with all information necessary for QCC to protect its statutory payment rights and remedies.
13. The invalidity of any provision or provisions herein contained shall not affect the other provisions, and these other provisions shall be construed in all respects as if the invalid provision or provisions were omitted.
14. Any agreement to provide services, which shall at all times include these Terms and Conditions, shall be governed by the laws of the State of Alabama or the jurisdiction where the services are provided to Customer, at QCC’s sole discretion.
15. Customer shall not assign any of its duties, obligations, or rights hereunder without the prior written consent of QCC.
16. These Terms and Conditions govern the relationship between QCC and Customer concerning the provision of services and may not be amended or replaced by any terms or conditions of any purchase orders or other correspondence from Customer to QCC containing provisions which are different from those stated above.
THESE TERMS AND CONDITIONS MAY BE AMENDED BY QCC AT ANY TIME OR FROM TIME TO TIME, IN WRITING AND/OR ON QCC’S WEBSITE. CUSTOMER SHALL BE BOUND TO THE TERMS AND CONDITIONS IN EFFECT AT THE TIME CUSTOMER AGREES TO BE BOUND.