Giroux Electrical Contractors, Inc.

Standard “Firm Fixed Price”

Terms of Service

Giroux Electrical Contractors, Inc. (“GEC”) will supply labor and material as specified in the Description and Task List (the “Scope of Work”) sections of an approved Estimate. An Estimate is considered approved when the customer named on the Estimate (the “Customer”) accepts the Estimate either by hand or electronically within 15 days of issue (“Acceptance”). The Estimate may be withdrawn by GEC if not accepted by Customer within fifteen (15) days from date of issue. Upon Acceptance, any terms and conditions placed upon the approved Estimate, along with these Terms of Service, constitute a legal and binding contract between GEC and the Customer (the “Agreement”).

Estimated price shall remain in effect for a period of three months from the date of acceptance. Any work required after this date is not covered within the scope of the Estimate.

Errors in design by the Customer, the architect and/or engineer are not the responsibility of GEC.

All work areas must be free & clear of obstructions, unless otherwise specified. All work must be done with Customer, or designated representative present. At the Customer’s request, GEC may enter and work in a vacant home or facility, as long as the Customer or Customer’s representative has expressed written consent. Under no circumstances will GEC work in a home where unsupervised minors under the age of 18 are present & unsupervised.

Work will be performed under the Agreement by GEC during normal business hours, from 7:00am to 3:30pm Monday- Friday.

PAYMENT TERMS:

Unless otherwise specified on the Estimate, Customer agrees to pay GEC 30% upon Acceptance, 40% upon completion of rough wiring, and 30% (plus all change orders) upon completion of work or electrical inspection, whichever occurs earlier. Payments not received in accordance with the Payment Terms shall be considered past due. Past due accounts will be charged an interest charge at the rate of 1.5% per month until the balance is paid in full. GEC has the right to stop work if Customer has any invoices that become past due, including change orders. It is understood that GEC may place builder’s lien upon the Customer’s property and no release of lien shall be signed unless all payments are paid in full.

It is understood that GEC may place mechanic’s lien upon the Customer’s property (as defined on the Estimate as “Service Location”) and no release of lien shall be signed unless all payments are paid in full. In the event Customer intends to sell and/or otherwise convey the Service Location to a third-party (“Buyer”), Customer must provide GEC ten (10) days written advance notice of such intent, along with the Buyer’s legal name and full contact information. Customer agrees to provide
Buyer written disclosure that GEC has the right to place a lien upon the Service Location until all payments due under this Agreement are made in full. Customer will provide GEC proof of receipt of such disclosure prior to closing and/or conveyanceof Service Location.

Projects are not placed into GEC’s schedule until Acceptance and if applicable, GEC has received the first payment outlined in the Payment Schedule.

PARTS, MATERIAL AND EQUIPMENT:

All parts, material and equipment shall be as warranted by the manufacturer and will be installed in a manner consistent with standard practices at this time. It is agreed that title to all material required (for the purpose of an approved Estimate) to remain the property of GEC until paid in full. It is understood that GEC shall have the authorization to enter upon the Service Location for the purpose of repossessing material and equipment whether or not installed without liability to Customer for trespass or any other reason.

EXCLUSIONS:

Unless otherwise stated on the Estimate, the Agreement does not include concrete, forming, painting, patching, trenching, core drilling, venting and sealing of roof penetrations. All waste created by GEC will be removed to a specific area at the Service Location.

CHANGE ORDERS:

Any deviation, alteration or changes from the Scope of Work will be executed only on receipt of written work order. Said charges shall in no way affect or make void the Agreement. Charges for changes or modification to the Agreement will be based on a labor rate of ninety ($90.00) dollars per man-hour. Material shall be charged at GEC’s list price.

NATIONAL AND LOCAL CODES:

Electrical installation shall meet the National Electrical Code and local building codes. Any additional outlets, wiring, fixtures, equipment, etc. not indicated on plans and specifications that are required by other (i.e., Inspectors) shall not be part of this proposal.

FIXTURES AND EQUIPMENT SUPPLIED BY OTHERS:

Price includes the installation of fixtures furnished by others, if fixtures are on job at time of electrical trim out. GEC shall not be responsible for fixtures and equipment supplied by others and losses due to theft, damage, vandalism, etc. are not the responsibility of GEC. Fixtures and equipment must be stored by others.

Price does not cover:

  1. The warranty of fixtures and equipment supplied by others.
  2. The assembly of fixtures and/or equipment supplied by others.
  3. Fixtures weighing more than fifty (50) pounds.

Equipment supplied by others (except fixtures according to conditions above) shall be installed by others.

WARRANTY:

Warranties shall apply exclusively to the electrical installation of the material, fixtures, equipment, and other items installed by GEC. Warranty is 90-days from installation date. Warranty or service will not be performed if any payments according to this proposal become past due including change orders.

GEC SHALL NOT BE LIABLE:

For failure to perform if prevented by strikes, or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier, or other causes beyond GEC’s control. In no event shall GEC be liable for special or consequential damages whatsoever or however caused.

CUSTOMER DEFAULTS:

Customer will be in default if:

  1. Any payment called for under the Payment Schedule in an Estimate, Work Order and all authorized change orders becomes past due.
  2. Any written agreement made by the Customer is not promptly performed.
  3. Any conditions warranted by the Customer prove to be untrue.
  4. Failure of Customer to comply with any of the conditions of the Agreement.

In the event of Customer default, GEC may do any or all of the following:

  1. Suspend the work and remove its material/equipment from the premises.
  2. Remove any GEC-supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, Customer agrees that GEC may enter upon Service Location for the purpose of repossessing such equipment without liability to GEC for trespass or any other reason.
  3. Retain all monies paid hereunder, and bring any appropriate action in court to in collecting the balance of total value of the Agreement, regardless of the stage of completion of the work, and enforce its rights. Customer agrees to pay all costs and expenses, attorney’s fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by GEC in enforcing its rights under this Agreement.

GEC carries Workmen’s Compensation and Professional Liability Insurance covering its work on this job. Customer will notify his/her insurance company of the commencement of work. Risk of loss due to fire, windstorm, vandalism, or other casualty shall be upon the Customer.