All reports, drawings, specifications, and digital files remain the property of LSEPC. Copies retained by the Client shall be utilized for Client's exclusive internal use. Subsequent use or distribution of LSEPC's work shall be at Client's and recipients' sole risk and without liability to LSEPC.
This proposal is valid for thirty days and is based upon a mutually agreeable work schedule. Client inactivity or delays of 30 calendar days will constitute a default of this Agreement, invoicing of earned fees, and will be grounds for LSEPC to suspend all performance. A 20% reactivation fee will be required for each Item prior to resuming work. A 20% cancelation fee will be required for each Item terminated by the Client 30 calendar days after the execution of this agreement.
LSEPC's invoices are due upon receipt. Accounts unpaid for (15) days from the date of invoice are subject to a 3 percent (3%) per month service charge. Accounts unpaid for (30) days from the date of invoice will be considered in default of this Agreement and will be grounds for LSEPC to suspend all performance. Acceptance by LSEPC of any payment more than (45) days old shall not serve as a waiver of LSEPC contractual right to suspend or terminate services for nonpayment.
Client agrees to pay LSEPC cost of collection of all amounts due and unpaid after (30) days, including court costs and attorney's fees. Failure to make payment within (45) days of invoice date shall constitute a release of LSEPC from any and all claims which Client may have, either in tort or in contract, and whether know or unknown at the time.
LSEPC will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality at the time of service
Client agrees that LSEPC shall provide only the services set out herein and that LSEPC makes no warranties, express or implied in our proposal or our oral or written reports, with respect to products or their fitness for a particular purpose. Client agrees to look solely to the warranties made by the contractor and/or manufacturer of said products, including, without limitation, consequential damages arising out of the use of said products. Furthermore, LSEPC's liability shall be limited to the earned fees
Any representations, recommendations, opinions, or conclusions relating to the work performed by LSEPC must be made in writing by duly authorized LSEPC representatives. LSEPC will not be bound by any oral representations, recommendations, opinions or conclusions.
This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the services to be rendered to the Client by LSEPC and contains all of the covenants and agreements between the parties with respect to such transaction in any manner whatsoever. However, if you wish to authorize our services via a separate contract or purchase order, please reference this proposal in said document and forward a copy of the terms and conditions to us for review.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Montgomery County, Texas.
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