Terms & Conditions
1. Conditions
These terms override any previous agreements and can only be changed by a written agreement signed by the Seller.
1.1. Key definitions include
Buyer. The person or party who requires the services of the Seller For Work.
Seller. QuantityTakeoffServices
Work. Every service provided by the Seller, including estimation, takeoff, evaluation, and consultation.
Preliminary Work. This means all preparatory work with services supplied by third parties.
Electronic File. Digital files (text, PDF) supplied by either party
Intellectual Property. All trademarks, copyrights, trade names, design rights, patents, inventions, and other intellectual property rights, whether registered or unregistered.
1.2. Placing an order confirms acceptance of these terms.
2. Delivery
2.1. The Seller isn’t liable for delivery delays. The Buyer must accept and pay for deliveries.
2.2. The Seller provides Work electronically to the Buyer.
2.3. The Seller has the right to deliver Work in installments. Each installment is paid following these Conditions. Non-payment can halter further deliveries.
3. Payment
3.1. The Seller may adjust prices based on new information.
3.2. Taxes are extra and are the responsibility of the Buyer.
3.3. All Work, including Preliminary Work, is chargeable.
3.4. Extra work due to Buyer errors has additional costs.
3.5. Payment is required before Work starts unless credit facilities have been agreed upon under Clause 4.
4. Credit Facilities
4.1. Payment is due within 30 days unless otherwise agreed.
4.2. Late payments incur interest and costs.
4.3. The Seller retains the right to withdraw credit facilities at any time without prior notice or reason.
5. Materials Supplied by Buyer
5.1. The Buyer must keep copies of electronic files.
5.2. The Seller isn’t liable for errors in the input supplied by the Buyer.
5.3. The Seller can refuse to accept any electronic files or material supplied by or on behalf of the Buyer.
5.4. Any property provided by or for the Buyer is the Buyer’s responsibility while with the Seller or being transferred unless we agree otherwise in writing.
5.5. The Seller can charge storage fees.
5.6. The Buyer confirms that they own or have full rights to use all the intellectual property and other materials they provide. The Buyer agrees to protect the Seller from any legal claims as mentioned in clause 13.2.
5.7. Upon completion, the Work is stored by the Seller for some months.
6. Materials Supplied by Seller
6.1. Seller-owned materials remain the Seller’s property.
6.2. Upon completion, certain materials are destroyed, but electronic files may be retained.
6.3. The Seller doesn’t have to give any data from their equipment to the Buyer in any specific format.
7. Proofs & Variations
7.1. The Buyer must approve all information before production. The Seller is not responsible for any errors or omissions in the Work due to the Buyer not reviewing the data.
7.2. Variations and additional copies incur extra charges.
7.3. The Buyer should check the tender before submission. The Seller is not accountable for any error in the completed Work after the tender has been submitted.
8. Insurance
8.1. The Buyer hereby admits that it has read and fully understood the Conditions, in particular, clauses 2, 5, 6, 7, 10, and 11. The Buyer should insure against risks related to delivery, storage, and liability.
9.Work Acceptance
9.1. Work is accepted upon delivery by the Buyer. Defects must be reported within 36 hours.
10. Liability
10.1. The Seller is not liable for indirect losses.
10.2. In case of a breach of this contract or negligence by the Seller, the Buyer’s remedies shall be limited to damages.
11. Cancellation
11.1. Orders can only be canceled before the Work starts.
11.2. The Buyer is accountable for paying the Seller administration charges in case of clause 11.1 activation.
12. Reservation of Title
12.1. Work remains the Seller’s property until fully paid.
12.2. Work for which title remains with the Seller shall be readily identifiable as the Seller’s property.
12.3. The Seller can reclaim unpaid work.
13. Legal Issues
13.1. The Seller can refuse Work if it violates any laws or agreements.
13.2. The Buyer indemnifies the Seller against legal claims.
14. Majeure
14.1. The Seller isn’t liable for delays beyond their control. Some instances include natural disasters. Civil unrest, strikes, war, storms, accidents, fires, embargoes, terrorism, failure/disruption of computer systems, fires, illness, energy, and any similar factors beyond Seller’s control.
15. Third-Party Rights
15.1. These terms do not grant rights to third parties.
16. Jurisdiction
16.1. The contract between the Seller and the Buyer is governed by US laws, with disputes under US court jurisdiction.
17. Estimating & Takeoff Services
17.1. The Buyer must provide clear specifications and address any concerns of the Seller quickly regarding these specifications.
17.2. Intellectual Property from the Seller belongs to the Buyer.
17.3. The Seller will not be responsible if something goes wrong or costs extra because the Work details were not clearly explained in the plans or drawings.
18. Data Protection
18.1. The Buyer ensures they have rights to any personal data provided.
18.2. The Seller removes personal data after the completion of the contract.
