Terms & Conditions

Terms & Conditions

DEFINITIONS: Where the context permits, the following words shall have the meanings indicated.

"Field Service" means installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof, or assistance with respect thereto.

 

"TAB" means the test and balance of operations, installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement or correction of equipment, or a part thereof, or assistance with respect thereto.

"Field Service Representative" means the person(s) authorized by Pro-MEC Engineering Services, Inc. to furnish Field Service hereunder.

"Customer" means the person, partnership, company, or corporation purchasing Field Service hereunder.

 The following policies apply to all field service which Pro-MEC Engineering Services, Inc. (Pro-MEC), its affiliates, whether by direct employees or contracts to an independent third party and the service is performed by visitation to the customer’s facility.  The customer understands that policies set below shall be controlling, service will be provided under these policies only.

 

PRICE AND PAYMENT TERMS

  • Unless otherwise specified or agreed, charges for the Services performed by Field Service Representative(s) are as set forth in the current Pro-MEC Standard Field Service Price list attached hereto as Attachment B and/or prepared proposal. Pro-MEC shall have the right to change the prices from time to time without notice to Customer.

  • Price is based on normal working hours.  In case that second or third shift work is required to complete the scope of work, additional cost will be incurred at premium labor rates.

  • All change orders will be in writing and signed by both the Field Service Representative and the customer, and shall be incorporated in, and become part of the contract and shall take place before any additional scope of work is performed. 

  • Projects where the work scope is more than 30 days, progressive terms will apply.

  • For contract amounts under $10,000 payment terms are Net30 upon completion.

  • For contract amounts larger than $10,000 payment terms are 30% upon receipt of Purchase Order, 40% billed upon project milestones, and remainder of contract Net30.

  • All proposed prices are good for 30 days from date of proposal.

  • All submitted Purchase Orders will have a 10% cancellation fee payable by the Customer to the Field Service Representative.

  • If payment is late, Customer is subject to a late charge of (18%) of the unpaid fees per annum (1.5% per month) or the maximum allowable by law.

  • In the event the Customer fails to pay periodic or installment payment due, Field Service Representative may cease work without penalty or breach of contract pending payment or resolution of dispute.

  • All collection and enforcement costs, for late payment, including attorney’s fees, shall be borne by Customer.

 

Scheduling and Reports

  • All Field Services require (2) two weeks for scheduling upon receipt of hard copy purchase order.

  • Any job requiring scheduling in less time will acquire additional charges.

  • Field Service Representative may only be requested in writing by the Customer to make changes to the general scope of the Field Service consisting of additions, deletions, changes to the Schedule in duration or sequence, or other revisions, and the contract price and the Schedule shall be adjusted accordingly.

  •  Before starting the revised Field Service scope, the Field Service Representative will submit to the Customer a change order for adjustment to the contract price and/or the schedule. Field Service Representative will not commence any such changed or revised Field Service until receipt of a written change order from the Customer incorporating an adjustment to the contract price and/or schedule in accordance with the above.

  • Pro-MEC's Field Services shall be considered complete when Field Service Representative notifies Customer that the Field Service has been completed in accordance with the specifications.  The Customer's inspection of the Field Service shall take place within twenty-four (24) hours from receipt of notice from Field Service Representative.  Customer's acknowledgement on the Work Completion Form shall constitute acceptance of the Field Services rendered.

  • All final written reports will be completed within three to four weeks after completion of onsite work.

Storage and Facilities

  • Customer will provide at its expense sufficient storage space to Field Service Representative, which is fully protective of materials and equipment furnished for the Field Service at the place of work performed. 

  • Customer will provide at its expense all light, heat, power and water which is required by Field Service Representative for performance of the Field Service in the custom and practice of Field Service Representative's trade.

  • Field Service Representative shall be responsible for protecting the Field Service, or portions thereof, during the time the Field Service or portions of it are under its control; provided, however, that during such time, Field Service Representative shall not be responsible for loss or damage caused by others, nor for any damages whatsoever while Field Service Representative is not on site.

  • The Customer shall prepare all Field Service areas so as to be acceptable for mobilization by Field Service Representative. Field Service Representative will not be called upon to start Field Service until sufficient areas are ready to ensure continued Field Service until job completion. Field Service Representative shall not be responsible for damage to any property (a) which is to be replaced by Customer, or (b) which is damaged as a result of removal by Field Service Representative prior to performance of the Field Service in order to perform Field Service despite Field Service Representative exercising reasonable care to prevent damage.

 

LABOR PERMITS, TAXES, CERTIFICATIONS

  • The Customer shall, at his own expense, secure any work permit, labor permit, tax exemption certificate, or any other authorization which may be required to permit Field Service Representative to perform the requested Services.

  •  If special certification, pre-qualification or other examinations are obtained at the Customer's request, the cost incurred shall be the responsibility of the Customer.

  •  Any loss of Field Service Representative's services pending the procurement of any such permit, authorization, certification or examination shall be the responsibility of the Customer.

 

DELAYS, SUSPENSION, DEFERMENT

  •  If Services are suspended or if Field Service Representative suffers delay in performance due to any cause beyond its reasonable control, including but not limited to acts of God, act or failure to act of government, act or omission of Customer, war, fire, flood, strike, or labor trouble, sabotage, or delay in obtaining from others suitable services, materials, components, equipment or transportation; the time of performance shall be extended a period of time equal to the period of time of the delay and its consequences.

  • Field Service Representative will give to Customer notice in writing within a reasonable time after Field Service Representative becomes aware of any such delay. If the Services are suspended because of such delay, Field Service Representative may temporarily withdraw the Field Service Representative and/or its subcontractor's and return them to the job when needed and available. Rates current at the time the Services are resumed and any additional costs (including travel time and expense) incurred by Field Service Representative because of the foregoing will be charged to the Customer.

  • If for any reason the Customer defers start of Services, the Customer will give Field Service Representative written notice immediately. It is understood that Field Service Representative may not be able to furnish the Field Service or its subcontractor at the precise date the work is rescheduled to start, but it will make every reasonable effort to do so. The Customer shall, at his own expense, incur the extra cost to keep the Field Service on the adjusted schedule.

 

PROPRIATARY INFORMATION

  • All sketches, drawings, performance calculations, and other design criteria submitted with this proposal and/or engineering submittals are the propriety property of Field Service Representative.  They are intended only for the use by the buyer as a means of description and clarification for field services offered for sale.

  •  These items must not be reproduced nor submitted to other parties without Field Service Representative’s written consent.

    • Pro-MEC agrees to properly address a warranty issued to the Customer due to faulty workmanship

    • The workmanship will be warrantied for 30 days post acceptance.

    • Modifications made to work by others not authorized by Pro-MEC will void warranty.

    • The warranty provided herein shall be in addition to and not in limitation of any warranty or remedy required or provided by law or by the contract documents.

Warranty

  • Pro-MEC agrees to properly address a warranty issued to the Customer due to faulty workmanship

  • The workmanship will be warrantied for 30 days post acceptance.

  • Modifications made to work by others not authorized by Pro-MEC will void warranty.

  • The warranty provided herein shall be in addition to and not in limitation of any warranty or remedy required or provided by law or by the contract documents.