2019-04-10 CC Packet - Laserfiche WebLink

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A] � AMI MW Consulting Engineers P.A. General Terms and Conditions 1. AMI Consulting Engineers P.A. (AMI) shall perform the services defined in the attached AGREEMENT and shall invoice the CLIENT. Any estimate of cost to the CLIENT as stated in this AGREEMENT shall not be considered as a fixed price,but only an estimate (unless otherwise specifically stated in the AGREEMENT). AMI will provide additional services under the attached AGREEMENT as requested by the CLIENT and invoice the CLIENT for those additional services at standard rates. 2. Right of Entry. The CLIENT will provide for right of entry of AMI personnel and all necessary equipment,in order to complete the work. While AMI will take all reasonable precautions to minimize any damage to the property,it is understood by the CLIENT that in the normal course of work some damage may occur, the correction of which is not part of this AGREEMENT. 3. Retainer. The CLIENT shall submit a retainer as set out in the AGREEMENT at the time of a fully executed AGREEMENT. Services shall not begin until retainer and fully executed AGREEMENT are received. Retainer amount shall be applied to the last invoice upon completion of services. 4. Invoices. Invoices will be processed on a monthly basis, due within 30 calendar days of the invoice date (NET 30). CLIENT agrees to pay a finance charge of one and one-half percent (1.5%)per month, or the maximum rate allowed by law,which ever is less, on past due accounts. If collection of past due invoices becomes necessary, CLIENT agrees to pay AMI the cost of any court costs and reasonable attorney's fees associated with collecting monies due. 5. Ownership of Documents. All reports, field data, field notes, drawing, specifications, calculations, estimates and other documents prepared by AMI, as instruments of service, shall remain the property of AMI. CLIENT agrees that all reports and other work furnished to the CLIENT or his agents,which are not paid for,will be returned upon demand and will not be used by the CLIENT for any purpose whatsoever. The CLIENT agrees not to use surveying and engineering documents for purposes other than intended unless the use is approved by AML AMI will retain all pertinent records relating to the services performed for a period of five years following submission of the final invoice. 6. Standard of Care. Service performed by AMI under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied,is made. 7. Limitation of Liability. CLIENT agrees to limit AMI's liability to CLIENT and all construction contractors arising from AMI's professional acts, errors or omissions, such that the total aggregate liability of AMI to all these named shall not exceed AMI's total fee for the services rendered on this project. 105