Shaw’s Incorporated agrees to complete the work, subject to the terms description and conditions of this Agreement, and any drawings or specification set forth for the project which have been agreed to between Shaw’s Incorporated and the Customer and are incorporated as part of the Proposal/Agreement.
In the event that equipment, materials or supplies as specified in this Proposal/Agreement are not available at the time of installation, Shaw’s Incorporated may make substitutions of equal quality after consultation with, and agreement by, the Customer.
Customer, from time to time, may by written instructions only, and agreed upon in writing by Shaw’s Incorporated, make changes, require additional work, direct the omission of work previously ordered, and/or cause the substitution of materials or equipment different from those originally specified. All such instructions shall, when dated and signed both by Customer and Shaw’s Incorporated constitute amendments to this contract but shall not operate to change or modify any of the terms and conditions hereof, save and except the contract price, which price shall be increased or decreased, as the case may be, by any amount reflected in such amendment.
If Shaw’s Incorporated is delayed at any time in the commencement or progress of the work by an act or neglect of the Customer, or by changes ordered in the work, or by labor disputes, fire, unusual delay in deliveries, unusual weather, unavoidable casualties, or other causes beyond Shaw’s Incorporated’s control, the contract time shall be extended.
The Customer is required to carry fire, tornado, and other necessary insurance. Shaw’s Incorporated workers will be fully covered by Workmen’s compensation Insurance.
All invoices are due upon receipt. Invoices not paid by the due date of the invoice are subject to interest at 2.09% compounded monthly. The Customer agrees to reimburse Shaw’s Incorporated any and all reasonable attorney’s fees, court fees, and other fees incurred in the collection of any invoices which have not been paid.
The Customer agrees that Shaw’s Incorporated will retain title to any equipment and materials furnished until final and complete payment of the agreed to sum above is made. If settlement is not made as agreed, the Customer consents and agrees that Shaw’s Incorporated shall have the right to enter the Customer’s property and remove such equipment and materials as Shaw’s Incorporated shall determine. The Customer agrees to indemnify Shaw’s Incorporated and its employees, and will hold them harmless, for any damages resulting from the removal thereof. The Customer hereby gives Shaw’s Incorporated and its employees permission to enter upon the property to remove the equipment and materials.
The acceptance of this contract is contingent upon acceptable and appropriate credit approval as determined by Shaw’s Incorporated.
The Customer agrees that Shaw’s Incorporated shall be the sole determiner as to whether or not conditions are appropriate to operate any systems and/or equipment that is installed under this contract, prior to the total completion of work by all contractors and workmen. Any party requiring systems and/or equipment to be operated against Shaw’s Incorporated’s recommendations agrees to sign documentation and accept responsibility to be delineated by Shaw’s Incorporated.
The Customer and equipment owner agree that all warranty periods will be initiated at the time equipment is made operational and will continue from that time even if the equipment is not operated.
Any and all accounts the Customer and equipment owner may have with Shaw’s Incorporated must be current and in good standing for the Shaw’s Incorporated warranty to remain in effect. Should the Customer’s or equipment owner’s account with Shaw’s Incorporated become delinquent, any Shaw’s System Warranty will immediately, upon account delinquency, be suspended and shall remain so until such time as all issues have been resolved to the satisfaction of Shaw’s Incorporated. Any suspension shall not act to extend any warranty beyond its normal expiration date. Any suspension by Shaw’s Incorporated of its warranty will not act to affect any equipment manufacturer’s warranties which may be in effect since they are governed by the particular manufacturer’s agreement afforded the equipment owner by purchasing their equipment.
The customer agrees to assume total responsibility for determining whether or not restrictions, such as, but not limited to, property set-backs, covenants, municipal ordinances, flood plains, etc. exist on the property which may impinge on the installation of material and equipment. The customer agrees to inform Shaw’s Incorporated of any such restrictions and provide Shaw’s Incorporated with detailed measurements and specifications clearly indicating any areas which would affect the labor and/or the installation of equipment and materials prior to the signing of this contract. Should such restrictions be discovered to exist subsequent to the signing of this contract that impinges on the performance of work or the installation of equipment and materials under this contact, the customer agrees that this contract shall become null and void. The customer agrees that all work shall cease until such time as a new contract is negotiated and agreed upon. In addition the customer agrees to immediately pay for all labor performed and equipment and materials provided and installed prior to the discovery of any such restrictions, along with any additional labor and expenses incurred as a result of the restrictions.
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