Terms & Conditions
1. Conditions
1.1. These terms surpass any prior conditions or those in the Buyer’s order or similar documents. They can only be changed through a signed written agreement by the Seller, ensuring no modifications, exceptions, or variations.
1.2. In these conditions, the below definitions apply:
- “Buyer”: The party receiving services from our company.
- “Seller”: CivilEstimatingServices.
- “Work”: Services provided, including estimating, evaluation, and consulting.
- “Preliminary Work”: Preparatory tasks, including third-party services.
- “Electronic File”: Digital files (text, PDF) supplied by either party.
- “Intellectual Property”: All related rights, registered or unregistered.
1.3. Buyer ordering or requesting services from the Seller indicates acceptance of these conditions.
2. Delivery
2.1. The Seller is not responsible for delivery delays; the Buyer must accept and pay for the Work.
2.2. Work is delivered electronically unless agreed otherwise; the Buyer is responsible for storing/printing/distributing Work within their company.
2.3. Deliveries may occur in installments; failure to pay may suspend further deliveries.
3. Payment
3.1. Prices are based on Seller’s costs when creating quotes. The Seller has the right to adjust prices based on the new information provided by the Buyer.
3.2. Quotations don’t include the applicable taxes; thus are the Buyer’s responsibility.
3.3. All work is chargeable, regardless of the Buyer’s decision to proceed.
3.4. Extra Work as a result of incomplete, inaccurate, or defective data from the Buyer has additional charges.
3.5. Payment is required before Work starts unless credit facilities have been agreed in accordance with Clause 4.
4. Credit Facilities
4.1. Payments due within 30 days unless otherwise agreed.
4.2. Credit is discretionary and can be withdrawn at any time.
5. Materials Provided by Buyer
5.1. Buyers must retain copies of Electronic Files; the Seller is not liable for inaccuracies.
5.2. The Seller can refuse unsuitable electronic files and materials provided by the Buyer.
5.3. Property risk is on the Buyer; storage fees may apply.
5.4. Upon completion, the Seller will store the Work and materials for a limited time. Afterward, the Seller may destroy them without notice.
6. Materials Supplied by Seller
6.1. Seller-provided materials remain Seller’s property.
6.2. Seller will destroy non-stationery materials after Work completion.
7. Proofs & Variations
7.1. Buyers must approve all information before production. Seller will not be responsible for any errors not corrected by the Buyer at the time of review.
7.2. Additional charges apply for variations requested by the Buyer.
7.3. The Buyer must review quotes carefully before submission. Seller is accountable for any mistake after delivering Work after the tender has been submitted.
7.4. The Buyer acknowledges that color variations between final prints may occur due to production factors, unless otherwise agreed in writing.
7.5. All implied and express terms, conditions, and warranties on the Work’s quality are excluded, regardless of communication source.
8. Insurance
8.1. Buyers should insure against risks associated with the Work.
9. Acceptance of Work
9.1. The Buyer accepts Work upon delivery, with 48 hours to inspect for defects. Defects or discrepancies with the contract need not be reported to the Seller after 48 hours.
10. Liability Limitations
10.1 Seller is not liable for indirect losses and turnovers.
10.2 Seller’s liability is limited to the Work’s price.
11. Cancellation
Orders can only be canceled before Work starts; the Buyer must cover related costs otherwise.
12. Reservation of Title
Ownership of Work remains with the Seller until payment is complete.
13. Legal Compliance
The Seller reserves the right to reject any work that could incur civil or criminal liability, infringe on third-party rights, or be unlawful or defamatory.
14. Force Majeure
The Seller is not liable for failures due to circumstances beyond control. Such events include but are not limited to illness, accidents, storms, fires, embargoes, war, civil unrest, terrorism, actions of governmental authorities, failures and disruptions of computer systems, industrial action including strikes and lockouts, difficulties or delays in obtaining raw materials, energy, acts of nature, or other supplies.
15. Jurisdiction
The contract is supervised by U.S. law, with disputes subject to U.S. courts.
16. Estimating Services
Buyers must provide clear specifications; generated Intellectual Property belongs to the Buyer.
17. Data Protection
17.1. The Buyer authorizes the Seller to use personal data included in supplied materials and agrees to compensate the Seller against claims or costs from breaches of data protection laws.
17.2. The Seller routinely deletes personal data after completing a contract with the Buyer.