Terms And Conditions
Conditions
1.1. These conditions supersede any previous conditions and are not modified except by a written agreement signed by the Seller.
1.2. Definitions
- (a) “Buyer” refers to the party requesting the Work.
- (b) “Seller” refers to Oregon Estimating.
- (c) “Work” refers to all services including estimating and consulting.
- (d) “Preliminary Work” includes preparatory work, including third-party services.
- (e) “Electronic File” refers to any digital material provided by either party.
- (f) “Intellectual Property” includes all rights such as copyrights, patents, and trademarks.
1.3. An order or request from the Buyer confirms acceptance of these Conditions.
Delivery
2.1. The Seller is not liable for delays; the Buyer must accept delivery and pay in full.
2.2. Unless agreed otherwise, Work will be delivered electronically.
2.3. The Seller may deliver Work in installments, with payment due for each installment. Failure to pay may result in suspended deliveries.
Payment
3.1. Quotations are based on the Seller’s costs and may be adjusted if more Work is required.
3.2. Taxes are not included in the quote and are the Buyer’s responsibility.
3.3. All Work is chargeable, even if the Buyer does not proceed with production.
3.4. Extra charges apply for work resulting from defects or delays in materials provided by the Buyer.
3.5. Payment is due before Work starts unless credit terms are agreed.
Credit Facilities
4.1. Payment is due within 30 days of invoice. Late payments incur interest and costs.
4.2. Credit facilities are granted at the Seller’s discretion and may be withdrawn at any time.
Materials Supplied by Buyer
5.1. The Buyer retains copies of any Electronic Files provided. The Seller is not liable for inaccuracies in Buyer-supplied materials.
5.2. The Seller may refuse unsuitable materials, with any extra costs being chargeable.
5.3. The Buyer’s materials are at their risk during processing and storage by the Seller.
5.4. The Seller may charge for storage of materials before or after Work is completed.
Materials & Equipment Supplied by Seller
6.1. Materials provided by the Seller remain its property.
6.2. After completion, only printed materials are delivered; other materials are destroyed.
6.3. The Seller has no obligation to provide data from its equipment.
Proofs & Variations
7.1. The Buyer must approve all information before production; the Seller is not responsible for errors not corrected by the Buyer.
7.2. Variations and additional copies requested by the Buyer are subject to extra charges.
7.3. The Buyer is responsible for reviewing the completed work before submission.
Insurance
The Buyer is responsible for insuring against risks related to delivery, storage, and work quality.
Acceptance of the Work
The Work is considered accepted upon delivery. The Buyer must inspect it within 15 hours and report discrepancies within 15 hours.
General Exclusions and Limitations
10.1. The Seller is not liable for indirect or consequential losses.
10.2. The Seller’s liability is limited to the price of the Work.
10.3. The Seller is not liable for defects in Work processed by a third party after the Buyer approves it.
10.4. The Seller may reject Work processed by a third party.
Cancellation
11.1. The Buyer can cancel before Work begins, but must pay for materials, labor, and a reasonable profit estimate.
11.2. A cancellation fee may apply.
Reservation of Title
12.1. The Work remains the Seller’s property until full payment is made.
12.2. The Buyer must return Work upon request if payment is not made.
Illegal Issues
13.1. The Seller may refuse Work that is unlawful or defamatory.
13.2. The Buyer indemnifies the Seller against claims arising from unlawful or defamatory material.
Force Majeure
The Seller is not liable for delays or losses caused by events beyond its control, such as natural disasters or strikes.
Rights of Third Parties
These Conditions do not grant third-party rights enforceable under U.S. law.
Jurisdiction
This contract is governed by U.S. law and disputes are subject to U.S. courts.
Estimating Services
17.1. The Buyer must provide clear specifications and respond to queries promptly.
17.2. Any intellectual property generated by the Seller belongs to the Buyer, except for marketing or design development use.
17.3. The Seller is not liable for unspecified requirements in the work.
