Giroux Electrical Contractors, Inc.
as a “subcontractor”
Terms of Service
Giroux Electrical Contractors, Inc. (the “Subcontractor”) 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 an Estimate (the “Prime”) accepts the Estimate either by hand or electronically within 15 days of issue (“Acceptance”). The Estimate may be withdrawn by Subcontractor if not accepted by Prime within fifteen (15) days from date of issue.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 Subcontractor and the Prime (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 Prime, the architect and/or engineer are not the responsibility of Subcontractor.
All work areas must be free & clear of obstructions, unless otherwise specified.
Work will be performed under the Agreement by the Subcontractor during normal business hours, from 7:00am to 3:30pm Monday- Friday.
Unless otherwise specified on the Estimate, Prime agrees to pay Subcontractor 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. Prime agrees to adhere to the Payment Terms regardless of whether the Prime is paid by their customer (the “Service Location”). 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. Subcontractor has the right to stop work if Prime has any invoices that become past due, including change orders. It is understood that Subcontractor may place builder’s lien upon the Service Location and no release of lien shall be signed unless all payments are paid in full.
Projects are not placed into Subcontractor’s schedule until Acceptance and if applicable, Subcontractor 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.
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 Subcontractor will be removed to a specific area on the Work Site.
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 Subcontractor’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. Subcontractor shall not be responsible for fixtures and equipment supplied by others and losses due to theft, damage, vandalism, etc. are not the responsibility of Subcontractor. Fixtures and equipment must be stored by others.
Price does not cover:
- The warranty of fixtures and equipment supplied by others.
- The assembly of fixtures and/or equipment supplied by others.
- Fixtures weighing more than fifty (50) pounds.
Equipment supplied by others (except fixtures according to conditions above) shall be installed by others.
Warranties shall apply exclusively to the electrical installation of the material, fixtures, equipment, and other items installed by Subcontractor. Warranty is 90-days from installation date. Warranty or service will not be performed if Prime has any invoices that become past due, including change orders.
SUBCONTRACTOR 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 Subcontractor’s control. In no event shall the Subcontractor be liable for special or consequential damages whatsoever or however caused.
Prime will be in default if:
- Any payment called for under the Payment Schedule in an Estimate, Work Order and all authorized change orders becomes past due.
- Any written agreement made by the Prime is not promptly performed.
- Any conditions warranted by the Prime prove to be untrue.
- Failure of Prime to comply with any of the conditions of the Agreement.
In the event of Prime default, Subcontractor may do any or all of the following:
- Suspend the work and remove its material/equipment from the premises.
- Remove any Subcontractor-supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, Prime agrees that Subcontractor may enter upon Service Location for the purpose of repossessing such equipment without liability to Subcontractor for trespass or any other reason.
- 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. Prime agrees to pay all costs and expenses, attorney’s fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by Subcontractor in enforcing its rights under the Agreement.
Subcontractor carries Workmen’s Compensation and Professional Liability Insurance covering its work on this job. Prime will advise the Service Location owner to 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 Prime and/or Service Location owner.