Terms and Conditions
1. “Fabricator” shall mean Metal Inc., and “Customer” shall refer to the entity to whom this Proposal and/or Work Order was submitted.
2. PAYMENT:
Payment shall be made to -
Metal Incorporated
3615 Emerald Street
Philadelphia, PA 19134
Fabricator will not order any materials or begin project without receiving a ½ deposit of job estimate from Customer. Once a ½ deposit is received, the project is considered approved and work begins within 4 weeks. If any changes in design, material costs, or delays, such as waiting on revised fabrication plans from Customer, occur after job approval, the Customer is immediately responsible for paying the cost of additional materials and labor. If the ½ deposit does not cover the entire cost of materials, Customer will be asked to pay the entire material cost before works begin. The remaining balance for project must be paid upon delivery. If payment is not received upon delivery, after 15 days the final bill will begin to accrue interest. Fabricator reserves the right to hold goods until remaining balance is paid, despite the delay and cost it may cause to the Customer. In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Fabricator has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
3. INSTALLATION:
Installation is a separate cost from project fabrication. When project is ready for install, Fabricator must receive 1/2 payment of installation estimate. Fabricator reserves right to delay installation until 1/2 payment is received or if the initial installation time is rescheduled or delayed by anyone other than Fabricator. When installation is complete, Customers will be billed the remaining balance of installation. The final installation cost is calculated by the materials used, difficulty, and length of time to complete install, therefore final billing will not occur until installation is complete. While Fabricator agrees to make every effort to complete job within the installation estimate, Fabricator reserves right to adjust, within reason, the final installation bill due to but not limited to additional materials, location, scheduling, shipping cost fluctuations, labor, and hours needed to complete installation. If the Fabricator finds that the final installation cost is less than the half deposit paid, Customer will be refunded any overpayment. Customer is responsible for paying final installation bill within 30 days regardless of initial installation estimate, unless alternate payment terms are agreed upon between Fabricator and Customer in writing. Payments made after 30 days of installation completion will accrue interest.
4. TERM:
Fabricator shall commence the project to begin within 30 days of payment. Job times vary for every project, but are generally completed within 6 - 8 weeks after job approval. Due to the time consuming nature of metalworking and varying project sizes, Customers must allow 6 weeks minimum for project completion. Any project that requires a shorter turnaround time must be discussed with Fabricator and terms must be agreed to in writing. Based on scope of project, a minimum 30% rush fee will be added to job estimate. Fabricator will not be bound by any schedule that was not included and agreed to in bidding documents, or to any schedule revisions absent prior written agreement. Fabricator shall not be required to commence or continue work unless sufficient areas are ready to ensure continuous work. Customer shall promptly provide the Fabricator with all schedules of work and with any other information necessary for the proper schedule of Fabricator’s Work. Fabricator is not responsible for project and installation delays due to schedule changes made by parties other than the Fabricator and all delays that may occur at install location due to parties other than the Fabricator. Fabricator shall be entitled to an equitable adjustment in the price of the Work, including but not limited to, any increased costs of labor, including overtime, or materials, resulting from any change of schedule, acceleration, out of sequence work or delay caused by others for whom Fabricator is not responsible.
5. COMPLIANCE WITH LAWS:
Fabricator shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act.
6. MATERIALS AND/OR LABOR PROVIDED:
Fabricator may substitute materials only with the expressed written approval of Customer, provided that the substituted materials are no lesser quality than those previously agreed upon by Fabricator and Customer.
7. CHANGE ORDER:
Customer, or any allowed person, e.g. lender, public body, or inspector, may make changes to the scope of the work from time to time during the term of this Contract. However, any such change or modification shall only be made in a written "Change Order" which is signed and dated by both parties. Such Change Orders shall become part of this Contract. Customer agrees to pay any increase in the cost of the Construction work as a result of any written, dated and signed Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, Fabricator shall estimate the cost thereof and Customer shall pay the actual cost whether or not this cost is in excess of the estimated cost.
8. FAILURE TO GIVE ADEQUATE ASSURANCES:
If Customer’s financial condition gives Fabricator, in its judgment, reasonable grounds for insecurity concerning Customer’s ability to perform its obligations under the Contract, Fabricator may require full or partial cash payment in advance or may suspend any further deliveries or performance until Customer’s financial condition materially improves and all unpaid sums due to Fabricator have been paid.