Terms & Condition
1. Conditions
1.1. These Conditions override any prior terms and are only modified by written agreement from the Seller.
1.2. Key Definitions:
- “Buyer” refers to the party receiving the Work.
- “Seller” refers to UtahEstimating.
- “Work” includes all services like estimating and consulting.
- “Preliminary Work” includes preparatory work and third-party services.
- “Electronic File” refers to any digital material provided by either party.
- “Intellectual Property” includes all intellectual property rights.
2. Delivery
2.1. The Seller is not liable for delays. The Buyer must accept and pay for the Work regardless of delays.
2.2. Work is delivered electronically, and the Buyer is responsible for storage and distribution.
2.3. The Seller may deliver in installments, with each installment invoiced separately. If payment is delayed, further deliveries may be suspended.
3. Payment
3.1. Prices may be adjusted if more Work is required.
3.2. Taxes are the Buyer’s responsibility.
3.3. Preliminary Work is chargeable, even if the Buyer cancels production.
3.4. Extra charges may apply for Work due to Buyer’s errors or delays.
3.5. Unless credit is agreed upon, payment is required before Work starts.
4. Credit Facilities
4.1. Payment is due within 30 days of invoicing. Late payments accrue interest and costs.
4.2. Credit is at the Seller’s discretion and may be withdrawn at any time.
5. Materials Supplied by the Buyer
5.1. The Buyer must retain copies of electronic files. The Seller is not responsible for checking input accuracy or correcting errors unless agreed.
5.2. The Seller may reject unsuitable materials and charge for any corrections.
5.3. Buyer-supplied property is at the Buyer’s risk, and storage fees may apply.
5.4. Risk in Work passes to the Buyer upon dispatch.
6. Materials Supplied by the Seller
6.1. Seller-owned materials remain the Seller’s property.
6.2. The Seller may destroy all materials, except electronic files, after completion.
6.3. The Seller is not obligated to provide data from its equipment to the Buyer.
7. Proofs & Variations
7.1. The Buyer must approve all information before production. The Seller is not liable for errors not corrected by the Buyer.
7.2. Changes requested by the Buyer will incur extra charges.
7.3. The Buyer is responsible for reviewing completed quotes before submission.
7.4. Color variations may occur in production.
7.5. All warranties regarding quality and fitness for purpose are excluded.
8. Insurance
The Buyer must insure against risks related to delivery, storage, and liability.
9. Acceptance of Work
The Work is considered accepted upon delivery. The Buyer must inspect it within 4 hours and report any issues.
10. Limitation of Liability
10.1. The Seller is not liable for consequential losses.
10.2. Seller’s liability is limited to the price of the Work.
10.3. The Buyer must approve the Work before forwarding it for third-party processing.
11. Cancellation
11.1. The Buyer can cancel an order before Work starts but must reimburse the Seller for expenses and lost profit.
11.2. A cancellation charge will apply.
12. Reservation of Title
12.1. The Seller retains ownership of the Work until full payment is made.
12.2. The Buyer must return Work upon request.
12.3. The Seller has the right to sell the Work if payment is not made, applying proceeds to the Buyer’s debt.
13. Illegal Issues
13.1. The Seller can refuse any Work it deems unlawful or infringing on third-party rights.
13.2. The Buyer indemnifies the Seller against any claims arising from unlawful material or infringement.
14. Force Majeure
The Seller is not liable for delays or failures beyond its control, including natural disasters, strikes, or disruptions.
15. Third-Party Rights
These Conditions do not confer third-party rights under US law.
16. Jurisdiction
This contract is governed by US law, and disputes are subject to US courts’ non-exclusive jurisdiction.
17. Estimating Services
17.1. The Buyer must provide clear specifications and timely responses.
17.2. Intellectual Property created by the Seller belongs to the Buyer, but the Seller retains the right to use copies for marketing.
17.3. The Seller is not liable for unspecified requirements.
18. Data Protection
18.1. The Buyer guarantees it has the right to share personal data with the Seller. The Buyer indemnifies the Seller for any breaches.
18.2. The Seller will remove personal data after contract completion.