ALL CITY ELEVATOR, INC.

TERMS AND CONDITIONS



1. Unless otherwise addressed in the approved scope of work above, the terms and conditions contained herein control the relationship of the parties to this agreement, regardless of any terms or conditions proposed by Purchaser/Owner. 
2. Payment terms are net 30 days from date of invoice. Projects totaling more than $50,000.00 are subject to monthly progress billing. Any payments made by credit card are subject to a 3.5% service fee, which will be added to the invoice at the time of payment. Any other fees associated with payment processing, that are generated by the Purchaser/Owner will be the Owner’s/Contractor’s responsibility. All projects are subject to a downpayment of up to 50% of the project cost, or estimated time and material cost, prior to material being ordered or All City Elevator, Inc. (“ACE”) mobilizing labor. 
3. If ACE is not paid within 30 days of its invoice, ACE shall be entitled to interest at a rate of 1.5% per month on any outstanding balance. If ACE commences collection efforts due to non-payment, Purchaser/Owner shall be responsible for reimbursing ACE for all costs incurred in its collection efforts, including but not limited to, payment of all of ACE’s attorney’s fees and other collection costs.
4. It is agreed that ACE is hired as an independent contractor. ACE will maintain insurance coverage, including General Liability insurance and Workers Comp Insurance as required by state law. Purchaser/Owner is obligated to insure the project from all perils as it deems necessary prudent.
5. No work, service materials or equipment other than as specified hereunder is included or intended. 
6. Changes in the scope of work are to be made in writing. ACE has the right to refuse to perform any change in the scope of work until there is an agreement in writing as to the cost of such work. If ACE executes a change in the scope of work based on verbal or written direction by the Purchaser/Owner prior to a written agreement as to the cost of such work, ACE shall be entitled to equitable compensation for such work. 
7. Purchaser/Owner retains its responsibilities as owner of the equipment subject to this agreement and shall be responsible for the protection and operation of the equipment at all times.
8. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications for the project involving extra costs will be performed only upon written change orders and will become an extra charge over and above the estimate. 
9. ACE shall not be responsible for any loss, damage, detention or delay for causes beyond its reasonable control, including but not limited to strikes, lockouts, labor disputes, government action, acts of God or delays due to supply chain issues and the dates for the performance or completion of the work subject to this agreement shall be extended as is reasonably necessary to compensate for any such delay. 
10. ACE warrants that the work will comply with the specifications and that there will be no defects in materials or workmanship for ninety days after completion of the work or acceptance thereof by beneficial use, whichever is earlier. ACE’s duty under this warranty is to correct any nonconformance or defect at its expense within a reasonable time after receipt of notice. This warranty applies specifically to the equipment and materials furnished under this agreement. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICUALR PURPOSE. 
11. Purchaser/Owner is responsible to ensure the work area and flooring in the vicinity of ACE’s work area is protected by whatever means is determined prudent by the Purchaser/Owner. ACE will not be liable for any damage to the work area or the flooring during the performance of the work under this agreement. 
12. Purchaser/Owner agrees that if safety testing is does not meet the safety requirements of the local or state codes applicable to its equipment, it is the responsibility of the Purchaser/Owner to make necessary repairs and to place the equipment in a condition that is acceptable per the requirements of the local and state codes at the Purchaser/Owner’s expense. ACE shall not be liable for any damages arising from the safety testing performed on the elevator equipment. 
13. Purchaser/Owner agrees to defend, indemnify and hold ACE harmless from and against any claims, lawsuits, demands, judgments, damages, costs and expenses arising out of this agreement, except to the extent caused by or resulting from the negligence of ACE or parties for which it is responsible. 
14. FOR ANY CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ACE UNDER THIS AGREEMENT, OR IN ANY WAY RELATED TO THE WORK PERFORMED BY ACE UNDER THIS AGREEMENT, ACE’S LIABILITY SHALL BE LIMITED TO THE COST OF WORK UNDER THIS AGREEMENT. 
15. Unless specifically outlined in the proposal, all work is to be performed during the regular working hours (Monday through Friday 7:30am – 4:00pm). 
16. ACE shall not be responsible for delays caused by parties not hired by ACE. If such delays cause ACE to alter its work schedule or it becomes necessary to de-mobilize and re-mobilize to the project, or if there are extra inspections required due to the delays, ACE shall be entitled to equitable compensation and the extra costs associated with those delays will be added to the contract amount.
17. If at anytime after the proposal attached hereto is provided to the Purchaser/Owner the material or equipment contained in the proposal becomes subject to a manufacturer’s price increase or a tariff, levy, excise tax, or other governmental surcharge that results in a price increase of more than 3%, then ACE shall be entitled to an increase in the price of the material or equipment equal to the increase.   
18. Prior to placing an elevator into service, ACE must receive payment of no less than 95% of the agreed final contract amount with the remaining 5% due within 30 days (including all retainage).

By signing below the signatory warrants and represents that they are authorized to bind the Purchaser/Owner to the terms contained herein.

*** In some cases, due to the global supply chain shortages it may result in delayed material availability and extended lead times. 

Acceptance by you as owner’s agent or authorized representative and subsequent approval by our authorized representative will be required to validate this agreement.