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ABC Terms and conditions
This agreement is made on the referenced date on the attached Estimate by and between Advanced Business Communications, Inc., 77 Dayton Road NE, Newark, Ohio 43055 (hereinafter “Contractor”) and the referenced customer on the attached Estimate (hereinafter “Customer”).
The Customer does hereby employ the Contractor to do all the work and provide all the materials, tools, machinery and supervision necessary for the installation of quoted project and all related products for the total sum referenced all in accordance with the attached Estimate, and expressly incorporated herein by the reference and made a part hereof.
Payment: The Contractor shall commence work to be performed after the 50% deposit is paid if the Estimate is greater than the sum of $1,000 and shall complete the work within a timely manner. The Customer hereby agrees to pay the 50% deposit prior to the commencement of the quoted project and the remaining 50% balance due upon completion of the quoted project. The Contractor reserves the right to charge a 24% APR finance charge on invoices 30 days past due.
Permits and Codes: The Contractor shall obtain all necessary permits, including those required by the City of which the quoted Customer is located, and the State of Ohio as applicable. The Contractor will comply with all building and code regulations and ordinances whether covered by the specifications and drawings for the work. The Customer will be responsible for all costs associated with obtaining necessary permits.
Work and Performance: The Contractor shall protect all work adjacent to the Contract site from any damage resulting from the work of the Contractor and shall repair or replace any damaged work at the Contractor’s own expense. The Contractor shall take all precautions to protect any persons from injury and unnecessary interference or inconvenience. The Contractor shall conduct his activities in a business-like manner and adhere to the reasonable wishes of the Customer in relation to the working schedule.
Condition of Premises: The Contractor agrees to keep the premises clean and orderly and to remove all debris as needed during the hours of work in order to maintain good work conditions, which do not cause health or safety hazards. The Contractor is to report any damage that may cause interference with performance to the Customer before commencement of the scheduled work.
Use of Utilities: The Customer shall permit the Contractor to use, at no cost, power and water necessary to carry out and complete the scheduled work.
Taxes: The Customer hereby agrees to supply the Contractor with their tax-exempt certificate for relief from the sales tax on the purchase of materials, if applicable.
Cancellation and Restock Fee: If for any reason the Customer cancels this contract after payment of the 50% deposit and prior to installation of any material, then the 50% deposit shall be non-refundable, and the Customer shall pay to Advanced Business Communications, Inc. an additional 20% of the contract price as a restocking and cancellation fee, which sum represents reimbursement of expenses and damages incurred by Advanced Business Communications, Inc.Insurance: Advanced Business Communications, Inc. is not an insurer. The amount the Customer pays the Contractor is based upon the services to be performed. The limited liability assumed under this contract is unrelated to the value of the property or the property of others located on the property. The Contractor shall carry Liability Insurance and Workman’s Compensation Insurance and shall provide the Customer with proof of such insurance if requested.
Limited Liability: If it is determined that the Contractor is directly or indirectly responsible for any such loss, damage, injury or other consequences the Customer agrees that the damages shall be limited to the greater of $500 or 10% of the charge paid under this contract. At the Customer’s request, the Contractor may assume additional liability by attaching an amendment to this contract stating the extent of liability. The Customer agrees that the Contractor is not an insurer even if decided to enter such amendment.
Warranty: The Contractor is not a manufacturer and does not provide any separate or independent warranty of or for any product which it sells; warranties are those of the product manufacturers only. In addition to extending the manufacturer warranty the Contractor agrees to extend a one-year warranty on labor performed for the project.
Harmless: In the event any lawsuit or other claim is filed by a third party against the Customer and/or Advanced Business Communications, Inc. arising from this Agreement, the Customer agrees to indemnify and hold the Contractor harmless from such lawsuit or claim.
Governing Body: This Agreement is made under and will be construed in accordance with the laws of the State of Ohio. Both parties agree to use mediation in the event of any issues that cannot be settled in a mutually satisfactory manner. If mediation does not yield resolution, all legal proceedings shall be subject to the exclusive jurisdiction and venue of the Licking County (Ohio) Municipal Court and Licking County Common Pleas Court. Advanced Business Communications, Inc. shall be entitled to an award of its reasonable attorney fees in the event it is the prevailing party in any litigation arising from this Agreement. Billing Policy: (effective March 1, 2023)
The following hourly rates apply to service provided Monday – Friday during regular business hours of 8:00AM until 5:00PM on non-holidays:• Fire Labor: $99, first 30 minutes onsite. $99/hour after. 30 minutes minimum.• IT Labor: $99, first 30 minutes onsite. $99/hour after. 30 minutes minimum.• IT Labor – Remote: $99/hour. 15 minutes minimum.• General Labor: $99, first 30 minutes onsite. $99/hour after. 30 minutes minimum.• General Labor – Helper: $69/hour. 30 minutes minimum.• General Installation Labor: $79/hour with 8 hours minimum.• General Installation Labor – Helper: $69/hour with 8 hours minimum.• General Labor – Remote: $99/hour. 15 minutes minimum.
Service available after hours and weekends: 1.5 x above rates with 2 hours minimum.Service available on holidays: 2 x above rates with 4 hours minimum.
NOTE: Those customers outside of a 90-minute radius from our office will be billed round trip travel time at $75/hour per tech/vehicle in addition to their service labor. $45/hour for additional tech in same vehicle.
As of 2/2/2024