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Fabricators Clinic LLC

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Detailing
Engineering - Services
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TERMS & CONDITIONS






•    All detailing services performed, and related work-product generated by
Fabricators Clinic L.L.C, including without limitation all Plans (as defined
below), shall be provided to the named customer (“Customer”) subject to the
Terms & Conditions of this Detailing Addendum (“Terms”).







•    No Project (as defined below) will be acceptable to, or accepted by,
Fabricators Clinic L.L.C unless the same is subject to these Terms, which shall
not be amended, revised or modified except in a written instrument that
specifically references the intent to modify these Terms signed by an authorized
representative of Fabricators Clinic L.L.C.







•    No statements, acknowledgements, representations, or assertions stated on
any Customer-issued document shall have the effect of amending, revising, or
modifying these Terms.







•    A 1-1/2% service charge per month will be added to all unpaid balances over
30 - 40 days.










1.    DEFINITIONS:




•    As used in these Terms, “Project” shall mean the detailing project for
which Fabricators Clinic L.L.C is providing Plans, “Building” shall mean the
building or structure that is the subject of the Project, “Plans” shall mean the
shop drawings for steel fabrication produced by Fabricators Clinic L.L.C for the
Project, and “Agreement” shall mean the Project contract or subcontract between
Fabricators Clinic L.L.C and Customer, which shall be governed by these Terms.










2.    PLANS:




•    Fabricators Clinic L.L.C will furnish Customer with electronic copies of
all Plans via email or cloud-based file-sharing site.










3.    SCOPE OF WORK:




•    Fabricators Clinic L.L.C’s bid price includes a detailed scope of work and
list of contract documents known by Fabricators Clinic L.L.C at the time of bid.

•    Customer acknowledges that there are no other contract documents applicable
to Fabricators Clinic L.L.C’s provision of the Plans.

•    Any change in the scope of work or contract document list must be accepted
in writing by Fabricators Clinic L.L.C before work commences.

•    Drawing standards required by Customer must be clearly defined before the
bid due date. Any drawing standards received by Fabricators Clinic L.L.C after
the bid due date may result in a change in contract price.

•    Fabricators Clinic L.L.C will not be liable for work caused by others or
for misleading and/or incorrect information contained in any documents related
to the Project.







4.    PAYMENT & SERVICE CHARGES:




•    The Customer shall pay each invoice due, submitted to it by Fabricators
Clinic L.L.C, within 30 days of Interval.

•    A 1-1/2% service charge per month will be added to all unpaid balances over
30 - 40 days.

•    The Payment Terms Fabricators Clinic L.L.C Follow:




    100% Complete Payment if the Project cost is below $3,000 USD after Drawings
sent for IFA (Issued for Approval).

    BFA or Drawings for IFF Will only be released after receiving the Invoice
Due.

   Project Cost Over $3,000 USD, Will be paid in 90%:10% Terms.

    90% Payment on Approval (IFA)

    10% Payment after Sending Fabrication Drawings (IFF) Within 30 days of
Interval.




5.    DESIGN:




•    Fabricators Clinic L.L.C shall not be required to check design drawings,
nor will Fabricators Clinic L.L.C be responsible for design unless explicitly
stated in the Agreement.

•    Fabricators Clinic L.L.C will, however, point out obvious errors as they
are actually found per the American Institute of Steel Construction Code of
Standard Practices.

•    Fabricators Clinic L.L.C will not stamp drawings or designs over which
Fabricators Clinic L.L.C is not in complete supervisory control.

•    All connection design and review is the responsibility of the Engineer of
Record.










6.    REQUESTS FOR INFORMATION:




•    Requests for Information (“RFI”) may be required to allow detailing of a
Project and/or items within a Project, which may affect cost and schedule.

•    If excessive RFIs are needed, Fabricators Clinic L.L.C may charge
additional fees (over and above the contract price) as determined by Fabricators
Clinic L.L.C for such RFIs.

•    Fabricators Clinic L.L.C follows the standards code outlined by the
National Institute of Steel Detailing and the American Institute of Steel
Construction regarding the return of RFIs and Approval drawings from Customer.

•    Failure of Customer to return RFIs and Approval drawings per these
standards will result in cost and schedule impacts at a cost to Customer.










7.    CHANGE ORDERS; CANCELLATION:




•    Design changes, additions, and/or deletions, and additional fees related
thereto, will be negotiated at the time that they occur.

•    A formal Change Order will be issued by Fabricators Clinic L.L.C outlining
specific changes, costs and schedule impacts.

•    A signed Change Order must be received by Fabricators Clinic L.L.C in order
for work on such Change Order to start.

•    No work will be done on any unsigned Change Orders.

•    If the Project is canceled, Customer shall be assessed a cancellation fee
determined by Fabricators Clinic L.L.C in its reasonable discretion.










8.    NON-APPROVED PLANS:




•    Plans approved by Fabricators Clinic L.L.C for fabrication shall be
indicated by a clearly marked “Issued for Fabrication” on the Plans.

•    Fabricators Clinic L.L.C assumes no liability for the correctness of Plans
prior to approval, Customer shall bear the risk of using non-approved Plans for
fabrication, and Fabricators Clinic L.L.C will not accept any back charges or
claims related thereto.










9.    OWNERSHIP:




•    All Plans and other deliverables prepared by Fabricators Clinic L.L.C are
and shall remain the sole property of Fabricators Clinic L.L.C and may be used
only for the purpose originally intended.

•    Any other use of the Plans shall not be permitted without express written
agreement of Fabricators Clinic L.L.C and reasonable compensation for same.










10.    BACK-CHARGES.




•    Fabricators Clinic L.L.C’s back-charge policy is per the standard code of
the National Institute of Steel Detailing and the American Institute of Steel
Construction and shall in no case exceed the actual detailing cost of the
affected item.

•    Each back-charge item shall be addressed within twenty-four (24) hours of
occurrence and Fabricators Clinic L.L.C must participate in the solution and any
other action necessary to correct any problems.

•    “Upon written explanation to the detailer by the customer of any alleged
inaccuracy in the detailer’s drawings, the parties shall at the earliest
possible date meet and assess the fault and costs of such inaccuracies. The
detailer shall be allowed a tolerance of 5% above the total detailing price (the
original bid plus any revisions or additions). Should the cost exceed such
tolerance, the detailer shall be liable for such additional costs up to a
maximum of 5% above the tolerance; the cost of direct labor, taxes, insurance
and necessary transportation needed to correct the deficiency. All material
costs shall be paid for by the customer. The customer shall notify the detailer
of any discrepancy when discovered, so that the detailer shall have the
opportunity to correct the same. In the event such notice is not promptly given,
the detailer shall have no responsibility for any costs incurred. [NISD –
NATIONAL INSTITUTE OF STEEL DETAILING]”

•     https://nisd.org/publications/ (Reference Link)

•    Fabricators Clinic L.L.C will not accept a back-charge deviating in any way
from the foregoing. Fabricators Clinic L.L.C will not accept any costs
associated with any type of liquidated damages and will not accept a contract
containing them, whether expressed or otherwise.










11.    WARRANTY; LIMITATION.




•    Fabricators Clinic L.L.C warrants that the Plans will be in accordance with
(a) the agreed-upon Project documents and (b) the standards code of the National
Institute of Steel Detailing.

•    CUSTOMER’S EXCLUSIVE REMEDY, AND Fabricators Clinic L.L.C’S SOLE
OBLIGATION, RELATED TO SUCH WARRANTY SHALL BE LIMITED TO, AT Fabricators Clinic
L.L.C’S OPTION, Fabricators Clinic L.L.C’S CORRECTION OR REPRODUCTION OF THE
PLANS. THE EXPRESS WARRANTY SET FORTH ABOVE IS SUBJECT TO THE LIMITATIONS
SPECIFIED, AND THIS AGREEMENT EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF
MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

•    Any legal action or proceeding by Customer for breach of this Agreement
must be commenced within six (6) months from date of delivery or the date the
cause of action accrues, whichever is later.

•    Any claims that have not been asserted by written notice within the
designated periods of time are waived.










12.    REMEDIES.




•    IN NO EVENT SHALL Fabricators Clinic L.L.C HAVE ANY LIABILITY TO PURCHASER,
REGARDLESS OF LEGAL THEORY, FOR (A) ANY DAMAGES IN EXCESS OF THE FEES PAID FOR
THE PLANS, OR (B) INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY TYPE, including, but not limited to, loss of profits, loss of rents, loss or
expense arising from any building or plant closing, construction or completion
delays, labor or overhead expense, increased operating expense, increased
insurance or maintenance expense, business interruption, damage or loss to
inventory or any other property, or any other type of consequential, incidental,
or special loss or damage whatsoever, whether claims for such damages or losses
shall be based upon contract, warranty, tort, negligence, strict liability, or
any other cause of action.










13.    BENEFIT.




•    Customer may not assign, transfer or delegate the Agreement or any interest
or obligation herein. The Agreement shall bind and benefit only Fabricators
Clinic L.L.C and Customer, shall not benefit any other persons or entities
(“Third Parties”), and shall not be deemed to create any rights in favor of any
Third Parties, whether or not referred to in the Agreement.










14. SEVERABILITY.




•    If any provision of the Agreement is found to be invalid or unenforceable
under applicable law, such provision shall be severable and the remaining
provisions of the Agreement shall remain in full force and effect.

•    The headings of the paragraphs of the Agreement are for convenience of
reference and shall not limit or otherwise affect any provisions of the
Agreement.










15. LIABILITIES.




•    We shall not be contractually obligated to any party other than customer,
regardless customer’s agreements, Contracts with third parties.

•    The back charges are limited to a maximum 5% of the total project cost.

•    We are not liable for any back charges unless the errors were notified in
writing and sufficient time was given to rectify the errors.

•    Shop drawings and plans are our property until final payment is received in
full, we reserve the right to hold any shop drawings and documents pending
receipt of final payment.

•    We reserve the right to stop our work due to non-payment for the work
already performed.




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Fabricators Clinic LLC

© 2024 Fabricators Clinic LLC

LINKS

Official Website
Terms & Condition

30 North Gould Street, Suite R, Sheridan county, Wyoming, 82801, USA
office@fabcli.com
+1(307) 249-8557