Terms and Conditions
1. Conditions
1.1. These conditions override any prior agreements or Buyer documents and can only be modified by a written agreement from the Seller.
1.2. Definitions:
- “Buyer” is the party contracting with WisconsinEstimating.
- “Seller” is WisconsinEstimating.
- “Work” refers to services like estimating and consulting.
- “Preliminary Work” includes preparatory work and third-party services.
- “Electronic File” is any digital material exchanged.
- “Intellectual Property” includes all relevant intellectual property rights.
1.3. The Buyer’s order or request for Work confirms acceptance of these Conditions.
2. Delivery
2.1. The Seller is not liable for delays in delivery. The Buyer must accept and pay for the Work despite delays.
2.2. Work is typically delivered electronically, and the Buyer must handle its distribution.
2.3. The Seller may deliver Work in installments. Non-payment may result in suspension or contract termination.
3. Payment
3.1. Prices may be adjusted based on new information.
3.2. Taxes are the Buyer’s responsibility.
3.3. All Work is chargeable, regardless of the Buyer’s decision to proceed.
3.4. Extra charges apply for defects or delays caused by the Buyer.
3.5. Payment is due before Work starts unless credit facilities are agreed.
4. Credit Facilities
4.1. Payment is due 30 days after the invoice unless agreed otherwise. Late payments incur interest and costs.
4.2. Credit facilities are at the Seller’s discretion and can be withdrawn at any time.
5. Materials Supplied by the Buyer
5.1. The Buyer must retain copies of any Electronic Files. The Seller is not liable for incorrectly provided files.
5.2. The Seller can refuse unsuitable materials, with additional costs passed to the Buyer.
5.3. The Buyer is responsible for the risk of materials supplied. Storage fees may apply.
5.4. The Buyer must ensure ownership or rights to any supplied Intellectual Property.
6. Materials Supplied by the Seller
6.1. Materials provided by the Seller remain its property.
6.2. Finished work will be delivered to the Buyer; other materials are destroyed post-production.
6.3. The Seller has no obligation to provide data in any specific format.
7. Proofs & Variations
7.1. The Buyer must approve all information before production; the Seller is not liable for unapproved errors.
7.2. Variations or additional quotes may incur extra charges.
7.3. The Buyer must review and approve work before submitting tenders.
7.4. Color variations may occur, and implied warranties are excluded.
8. Insurance
The Buyer must insure against risks as deemed appropriate.
9. Acceptance of the Work
Work is considered accepted upon delivery, and the Buyer must inspect it within 6 hours.
10. Exclusion & Limitation of Liability
10.1. The Seller is not liable for indirect or consequential losses.
10.2. Remedies are limited to damages, and liability is capped at the agreed Work price.
10.3. The Seller can reject Work processed by a third party.
11. Cancellation
11.1. Orders can be canceled before Work begins, with the Buyer reimbursing for expenses and lost profit.
11.2. A cancellation fee may apply.
12. Reservation of Title
12.1. The Seller retains ownership of Work until full payment is made.
12.2. The Buyer must return the Work at their expense if requested.
12.3. The Seller may sell Work to recover debts owed by the Buyer.
13. Illegal Issues
13.1. The Seller may refuse Work involving unlawful or defamatory material.
13.2. The Buyer indemnifies the Seller against claims arising from unlawful materials.
14. Force Majeure
The Seller is not liable for delays due to events beyond their control, such as natural disasters or strikes.
15. Rights of Third Parties
These Conditions do not grant enforceable rights to third parties under US law.
16. Jurisdiction
This contract is governed by US law, and disputes fall under the non-exclusive jurisdiction of US courts.
17. Estimating Services
17.1. The Buyer must provide clear specifications and responses.
17.2. Intellectual Property created by the Seller belongs to the Buyer, but the Seller retains copies for marketing.
17.3. The Seller is not liable for unspecified requirements.
18. Data Protection
18.1. The Buyer ensures they have the right to provide personal data to the Seller.
18.2. The Seller will remove personal data after contract completion.
