2011-03-09 CC Packet - Laserfiche WebLink

Home Browse Search

SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 SECTION I - RESPONSI$ILlTIES �- The party to whom the proposal/contract is addressed is considered the Client of American Engineering Testing, Inc. (AET). The terms and conditions stated are binding, upon acceptance, on the Client, its successors, assignees, joint ventuxes and third-party beneficiaries. Verbal proposal acceptance or authorizing purch�se orders from the Client are considered formal acceptance of AET's terms and conditions. By signing the proposal or verbslly authorizing the services, the authorizing party attests that they have the authority to legalty bind the Client to agreement. 1_2 - Prior to AET performing services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the services. This includes, but is not limited to, informarion on proposed and existing construction, ali pertinent sections of contracts between Gient and property owner, site safety p(ans or other dacum�nts which may contro! or affect AET's services. If new information becomes available during AETs services, Client will provide such information to AET in a timely manner. Failure of client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project-related questions by AET. 1_3 - Services performed by AET will not relieve other persons of their responsibilities according to the contra.ct documents or specifications, and AET will not be held responsibte for work or omissions by Client or other persons. AET does not perform construcrion management, general contracting or surveying services and our presence on site does not constitute any assumption of those responsibilities. AET will not be responsible for directing or supervising the work of others, unless specifical(y authorized and agreed to in writing. t_4 - Services performed by AET often include sampling at specific locations. Inherent with such sampling is variation of conditions beiween sampting locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions developed by AET, based on samples so taken, are qualified to that extent. 1_5 - AET is not responsible for interpretations or modifications of AETs recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7 — AET reserves the right to charge for time to negotiate new terms and conditions from those portrayed in our proposal or shoutd the Client require the use of their contract format. tf mutualiy acceptable terms cannot be established, AET shall have the right to withdraw their proposal without any liability to the Ciient, Owner or other parties and assigns associated with the project. If Ctient requests use of their contract format after the services have already been authorized, AET will be compensated for services rendered prior to approval of the Client's contract by both parties according to the AET Terms and Conditions. i_8 — The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date to the Client. If Client authorizes the services after the expiration date, AET reserves the right to review and revise the proposal as necessary. SECTION 2- S[TE ACCESS. RESTORATION AND UTILITIES 2_1 - Client will furnish AET safe and legal site access. 2_2 - It is understood by Client that in the normal course of its services AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. 2_3 — If AET is required to locate public or private underground utilities or subsurface structures ("hidden features") in its ' efforts to conform with reasonable standards of care, AET is entit(ed to rely on the location information provided by locating vendors. Client shall provide AET with any information available or reasonably obtainable to help prevent our services ftom encounterin such hidden features. AET will not acce t liabili for encounters with hidden features. S P h' SECTION 3 - SAFETY 3_1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's services, such materials or conditions aze discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate services. Client shall be responsihte for payment of such additional protection costs. 3_2 - AET shall only be responsible for safety of AET employees at the site. The Client or other persons shall be responsible for the safety of all other persons at the site. SECTION 4 - SAMPLES � 4_t - Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by, or submitted to, AET remain the property of the Client during and after the services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 4_2 - Non-hazardous samples will be held for 30 days and then discarded unless, within 30 days of the report date, the Client provides a written request that AET store or ship the samples, at the Client's expense. ACS 401 (12/]0) AMERICAN ENGINEERII�TG TESTING, INC. � 36