Terms & Conditions
Swink Electric Inc. requests that customers carefully read the following in its entirety:
APPLICATION OF THESE TERMS AND CONDITIONS
I (we) agree and understand that I (we) are entering into a legal contract that is binding and cannot be canceled, changed, or modified without written authorization by Swink Electric, Inc. (the “Company”). In this Contract, “the Customer” is the person or entity requesting goods and services from the Company and named as the Customer on the Company’s estimate, change order request, change order, or other Customer paperwork; “Products” means all products sold to the Customer by the Company including but not limited to electrical equipment and associated components; “Site” means the place where the Company’s services will be carried out; and “Services” mean the Company’s performance of electrical work and associated services. Any alterations, additions, adjustments or repairs made by others to the Company’s prior Services, unless authorized or agreed upon by the Company, will be cause to terminate the Company’s obligation under the contract.
Jurisdiction: This contract shall be deemed to have been executed in Florida and the laws of the State of Florida shall govern the interpretation of this contract.
Site Access & Hours: The Customer shall provide the Company with reasonable access to the Site during the Company’s normal working hours as would allow the Company to perform the work in a timely and efficient manner. The Company’s normal working hours are 8am to 4:30pm ET, Monday through Friday. Work performed (at the Customer’s request) outside those hours or on a public holiday will be at the Company’s discretion and may be subject to a surcharge. Any interruptions to Site access, or Services, by other trades or the Customer which causes down-time to the Company may be billed at the Company’s hourly rate.
Changes in Scope: Any change orders desired by the Customer must be mutually agreed upon in writing by the Company and the Customer. The additional costs or charges incurred due to such changes shall be paid by the Customer at the time of ordering such changes. Customer acknowledges such changes may require additional time, materials, or services for completion of the job.
Force Majeure: The Company assumes no liability for delays or failures caused by Acts of God, Acts of War, material shortages or weather delays.
Payment: Payment for each invoice submitted is due in full within 14 days upon receipt unless previously agreed to in writing. Upon any default with respect to payment, Customer agrees to pay all costs of collection, including but not limited to, reasonable attorney’s fees, court costs, and fees including appellate attorney fees and costs. In addition, Customer agrees to pay ten percent (10%) interest per annum on all sums due owning which are not paid within 14 days of date of invoice. Title to all materials and goods covered by this contract remain in the name of the Company until fully paid. The Customer understands that the Company has the right according to Florida’s Construction Lien Law (Section 713) to enforce its claim for payment by placing a lien against the Customer’s property upon which work or materials has been furnished. Customer acknowledges and agrees to be liable for any restocking fees or similar fees that are charged as a result of any customer cancellations or failure to perform.
Contract Revisions: If not accepted within thirty (30) days from the date of the quote, the Company may revise the contract to take into account any rise or fall in the cost of materials or services. If there is an error or omission in the Quote, Swink Electric Inc. reserves the right revise this Quote. The Company will not be obliged to commence the services until such time as the Customer agrees to the revised Quote.
Warranty: All Products and Services purchased by the Customer from the Company are warrantied against defect for a period of 365 days from completion of the work. All warranty issues must be allowed to be inspected and approved by the Company before any repair is made or warranty is voided. The Company must have been paid in full for the warranty to be in effect. Warranty is not transferable. Not liable for damage caused by negligence, misuse, weather, or normal wear & tear. The Company’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at the Company’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon the Company receiving actual written notice of said defect within the 365 day period noted herein. All warranty work will be performed during normal business hours. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge.
Exclusions: Light bulbs of any type and owner-supplied fixtures are excluded from these warranty terms. Any work such as excavation that was sub-contracted is warranted by the sub-contractor and not the Company.