A. The general project description is contained in the attached document and related documents from herein referred to as the “Proposal”.
B. The specific work to be performed by Contractor is the installation of the specified system as outlined in the Proposal. All work to be performed Monday-Friday between the hours of 8am and 5pm. Additional charges will apply if work needs to be done during off hours or weekend hours and at the discretion of VGI.
C. The total amount to be paid by the owner for the job (subject to additions and deductions by written change order) shall not exceed the total specified in the signed proposal document.
D. Progress payments will be made according to the payment schedule in the proposal. Equipment will not be ordered until the equipment deposit has been submitted. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 30 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 2.5% per month simple interest and may be sent to collections at VGI’s discretion.
F. This Proposal expires 30 days following the date stated on the top of this agreement, or sooner if noted. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. If job is of a retro-fit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he/she will be back-charged at a rate of $152.75 per tech, per hour for all extra labor involved in completing the job.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product’s obsolescence, discontinuation or unavailability.
Contract
- Contract Documents and Details
The contract documents consist of this agreement, including all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work. Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The
costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring. - Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor’s control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay at the owners expense. - Payments and Completion
The included Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Any disputes due to legal claims will be settled independently in good faith between the parties. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers. - Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract. - Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract and without reducing contract size, only if equipment has not been ordered. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract’s payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with client’s approval, at the clients expense. Contractor will be held without blame in case of product unavailability or discontinuation. - Warranty
Contractor warranties all parts and labor involved in an installation for period stated in scope of proposal. Contractor will also be glad to help the client get their manufacturer-warrantied equipment serviced throughout the life of said warranty. - Limitation of Liability
VGI Safety and Security LLC. makes no warranties of any kind, either express or implied with respect to the services performed hereunder, including without limitation, the implied warranty of fitness for a particular purpose of merchantability.
a. In no event shall VGI Safety and Security LLC. be liable for any special, indirect, consequential or punitive damages to client or any other party as a result of the performance or non-performance by VGI Safety and Security LLC. of any services described herein, including without limitation,
loss of data, profits or use of software, whether foreseeable or not, even if VGI Safety and Security LLC. has been advised of the possibility of such damages. VGI Safety and Security LLC. liability with respect to, arising from, or in connection with this Agreement, whether in contract, in
tort, or otherwise, is limited to amounts paid by Client to VGI Safety and Security LLC. excluding travel and per diem expenses, pursuant to the terms hereof.
b. In no event shall VGI Safety and Security LLC. be liable for client’s compliance management such as HIPAA, GLB, SOX, CIPA, OSHA or any other compliancy the client must adhere to. - Restocking Fee
VGI Safety and Security LLC. will impose a 30% restocking fee to any/all items returned within the period allotted in the proposal. If no terms are mentioned the default is no returns accepted.