TERMS AND CONDITIONS

Audio Visual

Cabling

Fire Protection

Fire Alarm

Electrical

 



 

I. Audio Visual and Structured Cabling

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The Buyer agrees that the following terms and conditions are an integral part of the accompanying proposal and shall be automatically made an integral part of any contractual instrument offered to and accepted by Strategic Connections Inc. (hereafter referred to as SCI) to perform any or all of the work described in the proposal. These terms and conditions shall govern and take precedence over other terms and conditions proposed by the Buyer unless specifically modified in the Scope of Work. This proposal is good for 30 days from the date on cover unless otherwise noted. Sales Tax/Use Tax is included where applicable. (Unless a form NC  589CI has been provided all taxes will be Sales tax per the NCDOR requirement on both material and labor)

1) INSTALLATION. Installation will occur during normal working hours of 8:00am-5:00pm, Monday through Friday, (excluding holidays). Overtime is specifically excluded from the price unless specifically noted in the proposal. The Buyer agrees to reimburse SCI for all premium cost incurred as a result of working overtime if the cause for working overtime is beyond SCI control. The price is based upon having uninterrupted access to our work during the agreed upon schedule. In the event SCI experiences delay or interference during installation through no fault of its own, the Buyer agrees to extend the schedule and reimburse SCI for any lost time, labor inefficiencies, re-mobilization, acceleration or other cost caused by the delay or interference.

2) STANDARD EXCLUSIONS AND CLARIFICATIONS.

a) Unless specifically indicated in the scope of work, the price and scope of work does not include any conduit or electrical power wiring, patch cords, surface-mount raceway, plywood, cable tray system, or network electronics. Change(s) in the electrical work to accommodate SCI scope of work shall be completed by contractor(s) of Buyer’s choosing at no cost to SCI.

b) The price is based upon SCI furnishing and installing the proper type and quantity of low voltage cable/wire for its work in conduit (with pull string and pull boxes) being furnished and installed by others in the most direct route possible from point to point following standard architectural lines of the building or as shown on the contract plans.

c) SCI has excluded any cost of new, alteration, repair or replacement of architectural finishes (i.e. drywall, flooring, ceiling, painting, plastering, etc) or structural members to accommodate SCI scope of work. In the event, any work of this nature is required, the Buyer agrees to have the work completed by contractor(s) of its choosing and at no cost to SCI.

d) Unless specifically indicated in the scope of work, SCI has not included any supplemental, miscellaneous or structural steel necessary to support the equipment.

e) Unless specifically indicated in the scope of work, Strategic Connections has not included any means to eliminate or reduce noise, vibration or movement of the installed equipment that may be caused by, but not necessarily limited to, building or building component movement, sway, or from the operation of mechanical or other equipment.

f) Please refer to the scope of work for additional exclusions or clarifications applicable to this particular proposal.

3) WARRANTY. All electronic components and installed systems are warranted against defects of material and workmanship under normal use and service for a period of one year. The warranty period begins the day after SCI notifies the Buyer or its agent that the system or sub-system thereof, has been installed, tested and ready for use, upon substantial completion, or upon beneficial use, whichever comes first.  Misuse, neglect, abuse, and events beyond Strategic Connections control are specifically excluded. During the warranty period, defective parts will be repaired or replaced, at our option, at no additional cost to the end user. Consumable items such, as bulbs, paper, etc. are not warranted unless covered by manufacturer’s warranty.  All manufacturers warranties remain in full affect.

Warranty support is subject to final payment and acceptance by the customer of record. Non payment of services invoiced shall void any and all warranty support.

4) SERVICE (post-warranty). Telephone support is available during normal business hours. Standard service response is between the hours of 8:00 am and 5:00 pm Monday through Friday. Although we cannot guarantee same day service, SCI will make every effort to dispatch a service technician to be on-site the same business day. After hours, on-site service will be billed at overtime rates. Extended service contracts are available through SCI.

5) PROPOSAL ACCEPTANCE. Prices contained in the proposal are guaranteed firm for a period of thirty days from the proposal date.

6) INVOICING AND PAYMENT TERMS. Subject to credit approval and unless modified within the Scope of Work, invoicing and payments shall be as follows:

a) An invoice for 50% of the total contract amount will be due and payable upon Buyer’s acceptance of the proposal or Buyer’s submission of a contract to Strategic Connections to cover normal start-up expense such as, but not limited to, engineering, surveys, submittal preparation, permits, insurance and bond procurement if any, and preliminary procurement of materials and equipment.

b) Subsequent billings will be submitted monthly based on progress made and/or expenses incurred for delivered or stored materials and labor performed in-house or on-site. All subsequent progress payments are due and payable within (30) days of the invoice date.

c) SCI retains the title to the equipment until the last and final payment is received. Progress payments made during the progress of this contract shall not be construed as system approval or system acceptance. Payments received after the due dates are subject to a late charge of 1.5% per month on the unpaid balance.

d) In the event that job site delivery is not suitable when materials and equipment are ready to ship, SCI agrees to store materials and equipment in our insured warehouse and Buyer agrees to reimburse SCI for its value. All material and equipment will be available for Buyer’s inspection during normal working hours. SCI request that Buyer notifies SCI at least a two (2) hours prior to inspection.

7) RETAINAGE. The pricing in the proposal and/or a resulting contract has not allowed for holding of retainage. Should Buyer elect to hold RETAINAGE on monthly progress billings; a) a charge of two percent (2%) will be added to the total selling price, b) retention will not exceed ten percent (10%) on progress billings, and c) retention will be payable within thirty (30) days of invoicing.

8) RETURNS. Returns are subject to a 20% restocking charge. All returns must have a valid return authorization number and be contained in the original manufacturer’s packaging.

9) LIQUIDATED AND CONSEQUENTIAL DAMAGES. Liquidated and/or consequential damages are specifically excluded from this proposal. No consideration has been made for liquidated and/or consequential damages in the pricing and scope of work in this proposal.

10) INTELLECTUAL PROPERTY.

a) The parties agree that SCI shall be solely entitled to all patent rights and all copyrights to any products, tools, devices, manuals, plans, drawings, customized programs and software, and anything else subject to patent or copyright (the “Intellectual Property”) invented, generated, developed, or otherwise produced by  SCI or its agents, representatives, employees, and subcontractors in connection with the performance of the Services, and shall at all times remain the property of SCI. The parties hereto intend and agree, however, that SCI shall grant aerpetual, non-exclusive, non-transferable license to any and all products, tools, devices, manuals, plans, drawings, customized programs, and software for the life of the project; provided, however, that:

i) such license shall be non-transferable by the owner/buyer without the prior written consent of SCI, and shall be exercised by the owner/buyer solely for the owner/buyer’s benefit in direct connection with the project following the date of this agreement;

ii) licensing rights as outlined shall require the express written permission of SCI in order to reproduce or distribute to any other third party any or all of the above mentioned drawings, plans, specifications, reports, and other documentation; and

iii) SCI shall maintain rights to all such software source codes, drawings, plans, specifications, reports, and other documentation, for use in connection with the conduct of  SCI  ordinary course of business, without any compensation or payment of any kind or nature being made to the owner/buyer in connection with such use.

b) SCI shall provide the owner/buyer with current copies of all software upon request; these shall be for archival and administrative purposes only. c) notwithstanding the foregoing, as consideration for the limited licensing rights in connection with the above, the owner/buyer hereby agrees to:

i) use its best efforts to promote and credit SCI integral role in connection with the completion and operation of the project, which efforts shall include, without limitation, the advertisement and promotion, whenever and wherever reasonably possible, of SCI as the designer, provider, and supplier of the display technology used in connection with the project;

ii) permit SCI to cite the project, together with SCI role relative to the design technology developed and used in connection therewith, for purposes of SCI  advertising, marketing, and public relations efforts.

11) MARKET CONDITIONS. Due to  price fluctuations, variability in the global market, actions of foreign or local governments especially on imported products, Strategic Connections reserves the right to renegotiate pricing with our customers in the event of a price escalation.  We  will make  every effort to mitigate this impact; however, if our pricing escalates from added tariffs or unexpected cost impacts, we will immediately bring this to the attention of the client and a price adjustment shall be justified.

12) TAXES.  Quote/Proposal is determined using:

a.) Use Tax on materials and

b.) the project being a capital improvement project with the condition the customer issues an E-589CI form.

***EXTREMELY IMPORTANT***If the customer makes the determination that the project is NOT a capital improvement project and does not issue the E-589CI form, THIS QUOTE BECOMES VOID and will need to be revised to use Sales Tax on both material and labor. Strategic Connections MUST have the customer’s E-589CI form IN HAND before we can even CREATE THE JOB IN OUR SYSTEM, which MUST be done FIRST before we can order materials or schedule labor.

 



 

II. Fire Protection

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1) SYSTEMS INSTALLATION.  All materials shall be in accordance with and limited only by NFPA-13. Purchaser shall furnish all necessary plans, specifications, drawings, contract documents, project schedules, or any revisions thereto to SCI.

2) EXCAVATION.  SCI does not include excavation to a depth greater than 3’- 6”, any appropriation for rock excavation, removal of water, shoring of trenches, back filling with other than excavated material or compaction of backfill. If these or other unforeseen difficulties or obstructions are encountered, Purchaser shall pay for, as an extra to the contract price, the additional expense involved.

3) DAMAGE. While employees of SCI will exercise reasonable care in the performance here-under, SCI shall be under no responsibility for loss or damage due to the character, condition or use of foundations, walls or other structures not erected by it or resulting from excavation in proximity thereto, nor for damage resulting from concealed piping, wiring, wiring fixtures or other equipment or condition of water pressure. All shoring or protection of foundations, walls or other structures subject to being disturbed or any excavation required hereunder, shall be the responsibility of the Purchaser unless otherwise specified. Purchaser warrants the sufficiency of the structure to support the sprinkler system and its related equipment (including tanks).

4) CHANGES IN SCOPE.  All installation will be made in accordance with a survey by SCI of the premises based on the present or proposed type of occupancy. If any changes in said system are required by any change in type of occupancy, or by obstructions not in position when said survey was made, or not indicated on plans furnished to SCI or by reasons of any alterations of, or additions to extensions to said premises, Purchaser agrees to pay to SCI any additional cost in performing this contract.

5) DELAY.  If SCI is delayed at any time in performing its work by an act or neglect of the Purchaser, an architect, engineer, building official / inspector or third party or by labor disputes, fire, unusual delay in deliveries, weather, other Acts of God, unavoidable casualties or other causes beyond SCI’s control, then the time for SCI to perform its work shall be extended a reasonable period of Under no circumstances shall SCI be liable for direct or indirect damages for any delay in performing its work.

6) WORKING HOURS.  All installation work will be performed during normal working hours. If Purchaser shall require any overtime labor, Purchaser agrees to reimburse SCI for the overtime premium for same with the next billing of SCI to Purchaser. SCI’s normal hours are 7:30 a.m. to 4:30 p.m., Monday through Friday.

7) WARRANTY.  SCI agrees that for a period of one (1) year after completion of the installation of SCI’s work or substantial completion of the project, whichever shall first occur, it will make, at its expense, all repairs to its own work made necessary by defective materials or workmanship. This obligation shall not apply to any installation work that has been altered or utilized in a manner not approved by SCI or subjected to accidents, negligence, abuse, misuse, unauthorized use, improper maintenance or damage through no fault of SCI. Warranty support is subject to final payment and acceptance by the customer of record. Non payment of services invoiced shall void any and all warranty support.

8) LIABILITY.  All loss or damage for any cause (not the fault of SCI to the materials, tools, equipment, work or workmen of SCI or its agent or subcontractors while in or about the premises of the Purchaser shall be borne and paid for by the Purchaser. The Purchaser shall provide and maintain insurance to protect the project and SCI’s work from any kind of peril of physical loss and shall cause SCI to be named as an additional insured under this insurance policy.

9) TERMS OF PAYMENT.  Monthly invoices will be rendered representing the value of materials delivered to the site and work performed. All such invoices are payable in full within thirty (30) All sums not paid when due shall bear interest at a rate of 1 -1/2% per month, or the maximum allowed by law, whichever is greater.

10) DEFAULT.  In case of default by Purchaser, SCI may declare the contract price or all unpaid installments thereof to  be  immediately due  and payable (whether or not said installation shall have been completed), or may enter said premises and shut off the water from said system or remove all or any portion of the same. All such remedies of SCI are cumulative. Default by Purchaser shall consist of; failure to pay any monthly Invoice when due, no demand being necessary or any act of omission on the part of the Purchaser whereby SCI is prevented from completion of said installation, or receivership, bankruptcy, assignment for the benefit of credits or any other form of insolvency proceedings by or against Purchaser or in case said premises or said system shall be attached, liened or seized by process of law and such attachment or lien shall not be vacated or seizure terminated within ten (10) days after its occurrence. Should the contract price or any portion thereof, not be paid as set forth above, then Purchaser agrees to pay all costs, including reasonable attorney’s fees, incurred by SCI is a result thereof and is not conditioned upon suit actually being filed.

11) LEGAL ACTION.  Purchaser and SCI agree that venue and jurisdiction for any suit or other legal action under this purchase order shall lie in the City of Raleigh, North Carolina and further agree that any suit or other legal action under this proposal shall be filed in a state court located in the City of Raleigh, North Carolina.

12) CONFLICTS.  It is expressly agreed there are no promises, agreements or understandings not set forth in this proposal and the proposal supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a variance or conflict between any contract, agreement, plan, specification, drawing or other contract document and this proposal, then the terms of this proposal shall govern and take precedent over such conflicting term.

13) TESTING.  Where SCI is installing new equipment and connecting new into old, SCI shall act solely as the Buyer’s agents. SCI shall not be responsible for damage that may occur by breakage of material and/or water damage during or after installation. Buyer agrees to indemnify SCI against all damage which may arise there SCI is not responsible for testing old work. No responsibility is assumed by SCI for reworked or reused material.

14) INSURANCE.  SCI carries a general liability policy of one million US dollars per occurrence with an aggregate of three million per year. There is an umbrella policy with ten million US dollars in addition to the general liability. Any insurance requirements above these limits is agreed to be added to the cost of the project if required

15) TAXES.  Quote/Proposal is determined using:

a.) Use Tax on materials and

b.) the project being a capital improvement project with the condition the customer issues an E-589CI form.

***EXTREMELY IMPORTANT***If the customer makes the determination that the project is NOT a capital improvement project and does not issue the E-589CI form, THIS QUOTE BECOMES VOID and will need to be revised to use Sales Tax on both material and labor. Strategic Connections MUST have the customer’s E-589CI form IN HAND before we can even CREATE THE JOB IN OUR SYSTEM, which MUST be done FIRST before we can order materials or schedule labor.

16) MARKET CONDITIONS. Due to  price fluctuations, variability in the global market, actions of foreign or local governments especially on imported products, Strategic Connections reserves the right to renegotiate pricing with our customers in the event of a price escalation.  We  will make  every effort to mitigate this impact; however, if our pricing escalates from added tariffs or unexpected cost impacts, we will immediately bring this to the attention of the client and a price adjustment shall be justified.

 



 

III. Fire Alarm

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1) INSTALLATION.

a) Installation will occur during normal working hours of 8:00 AM – 5:00PM, Monday through Friday, (excluding holidays). Overtime is specifically excluded from the price unless specifically noted in the proposal. The buyer agrees to reimburse SCI for all premium cost incurred as a result of working overtime if the cause for working overtime is beyond SCI control.

b) Installation shall be in accordance with both NFPA 70 & 72.

2) STANDARD EXCLUSIONS AND CLARIFICATIONS.

a) Unless install is specified as turnkey all raceway including boxes and 120 VAC control circuits are excluded.

b) SCI has excluded any cost of new, alteration, repair, or replacement of architectural finishes (i.e. drywall, flooring, ceiling, painting, plastering, etc) to accommodate SCI scope of work. In the event, any work of this nature is required, the buyer agrees to have the work completed by contractors of its choosing and at no cost to SCI.

c) Unless specified on proposal P.E. stamped, sealed design drawings is not included.

3) CHANGES IN SCOPE.  Installation will be made per the P.E. design drawings provided with the date of the drawings referenced on proposal. Buyer agrees to pay SCI any changes made to the permit or pricing plans or addendums issued that affect the original scope. NC Fire code requires all changes in scope to be made by the engineer of record with a revised or bulletin drawing showing all such changes.

4) DAMAGE.  While SCI will exercise reasonable care to protect equipment  and wiring , SCI shall not be responsible for damage to new equipment, raceway, cabling or wire damaged by site conditions, vandalism, or damage by other contractors.

5) DELAY.  If SCI is delayed at any time in performing its work by an act of neglect of the buyer, an architect, engineer, building official / inspector or third party or by labor disputes, fire, unusual delay in deliveries, weather, other acts of god, unavoidable casualties or other causes beyond SCI’s control, then the time for SCO to perform its work shall be extended a reasonable period. Under no circumstances shall SCI be liable for direct or indirect damages for any delay in performing its work.

6) WARRANTY.  SCI agrees a period of one (1) year after completion of installation of SCI’s scope, it will make at its expense, all repairs to its own work due to defective equipment, materials, or workmanship.  Warranty period will start the day of CO by the fire marshal. This obligation shall not apply to any portion of the installation that was altered in any way by others or due to negligence, abuse, misuse, unauthorized use, improper maintenance, any acts of god, or damage through no fault of SCI. Warranty support is subject to final payment and acceptance by the customer of record. Non payment of services invoiced shall void any and all warranty support.

7) LIABILITY.  All loss or damage for any cause not the fault of SCI to the materials, equipment, tools, work or workmen of SCI or its agent or subcontractors while in or about the premises of the buyer shall be borne and paid for by the buyer. The buyer shall provide and maintain insurance to protect the project and SCI’s work from any kind of peril from physical loss and shall cause SCI to be named as an additional insured under this insurance policy.

8) TERMS OF PAYMENT.  Depending on the contract amount monthly invoices will be rendered representing the value of materials delivered to site and work performed. All such invoices are payable in full within thirty (30) days. All sums not paid when due shall bear interest at a rate of 1 ½ % per month, or the maximum allowed by law, whichever is greater. Contracts under $5,000.00 will typically be invoiced in full at the completion of the project.

9) DEFAULT.  In case of default by buyer, SCI may declare the contract price or all unpaid installments thereof to be immediately due and payable (whether or not said installation shall have been completed), or may enter said premises remove all or any portion of the same. Default of buyer shall consist of; failure to pay any monthly invoice when due, or any act of omission on the part of the buyer whereby SCI is prevented from completion of said installation, or receivership, bankruptcy, assignment for the benefit of credits or any other form of insolvency proceedings by or against buyer or in case said premises or said system shall be attached, liened, or seized by process of law and such attachment or lien and such attachment or lien shall not be vacated or seizure terminated within ten (10) days after its occurrence. Should the contract price or any portion thereof, not be paid as set forth then buyer agrees to pay all costs, including reasonable attorney fees, incurred by SCI is a result thereof and is not conditioned upon suit actually being filed.

10) CONFLICTS.  It is expressly agreed there are no promises, agreements, or understandings not set forth in this proposal and the proposal supersedes all prior negotiations, representations, or agreements, either written or oral. In the event of a variance or conflict between any contract, agreement, plan, specification, drawing, or other contract document and this proposal, then the terms of this proposal shall govern and take precedent over such conflicting term.

11) INSURANCE.  SCI carries a general liability policy of one million US dollars per occurrence with an aggregate of three million per year. There is an umbrella policy with ten million US dollars in addition to the general liability. Any insurance requirements above these limits is agreed to be added to the cost of the project if required.

12) TAXES.  Quote/Proposal is determined using:

a.) Use Tax on materials and

b.) the project being a capital improvement project with the condition the customer issues an E-589CI form.

***EXTREMELY IMPORTANT***If the customer makes the determination that the project is NOT a capital improvement project and does not issue the E-589CI form, THIS QUOTE BECOMES VOID and will need to be revised to use Sales Tax on both material and labor. Strategic Connections MUST have the customer’s E-589CI form IN HAND before we can even CREATE THE JOB IN OUR SYSTEM, which MUST be done FIRST before we can order materials or schedule labor.

 



 

IV. Electrical

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1) INSTALLATION.

a) Installation will occur during normal working hours of 7:30 AM – 4:30PM, Monday through Friday, (excluding holidays). Estimated man hours to achieve the demo and installation have been based upon Owner providing unobstructed access to all areas so as to cause no delays. This includes removal of any storage, equipment, personnel, etc. for installation and testing. Any delays to accommodate Owner’s schedules, which affect our cost, shall be billed as an extra to the contract. Overtime is specifically excluded from the price unless specifically noted in the proposal. The buyer agrees to reimburse SCI for all premium cost incurred as a result of working overtime if the cause for working overtime is beyond SCI control.

b) Installation shall be in accordance with both NFPA 70 & 72.

2) STANDARD EXCLUSIONS AND CLARIFICATIONS. We do not include in our price any of the following items, if required, unless specifically stated in defined scope of work in our proposal

a) Raising and/or relocating any existing electrical services outside our scope of work. Existing elevations of all piping shall remain as is.

b) Any cost of new, alteration, repair, or replacement of architectural finishes (i.e. drywall, flooring, ceiling, painting, plastering, etc) to accommodate SCI scope of work. In the event, any work of this nature is required, the buyer agrees to have the work completed by contractors of its choosing and at no cost to SCI.

c) County, city or state permits

d) Owners Contractors Protection Liability Policy.

e) Omissions and error insurance.

f) COI with Wavier of Subrogation endorsement. 

g) COI with Primary \ Non-Contributory endorsement.

h) Bonds.

i) Liquidated Damages.

j) Painting and/or preparation of any equipment to receive paint or pipe identification.

k)Seismic hangers, restraints and/or bracing. 

l) Outside work of any nature.

m) Any pre-existing code violations pertaining to the existing electrical system. 

n) Cutting/removing/coring of floors

 

3) CHANGES IN SCOPE.  All installation will be made in accordance with a survey by SCI of the premises based on the present or proposed type of occupancy.  If any changes in said system are required by any change in type of occupancy, or by obstructions not in position when said survey was made, or not indicated on plans furnished to SCI or by reasons of any alterations of, or additions to extensions to said premises, Purchaser agrees to pay to SCI any additional cost in performing this contract.

4) DAMAGE.  SCI shall not be liable for any damage caused in the performance of work due to concealed or buried piping, wires, fixtures or other equipment, use of any foundation, walls or other structures erected by others.

5) DELAY.  If SCI is delayed at any time in performing its work by an act of neglect of the buyer, an architect, engineer, building official / inspector or third party or by labor disputes, fire, unusual delay in deliveries, weather, other acts of god, unavoidable casualties or other causes beyond SCI’s control, then the time for SCO to perform its work shall be extended a reasonable period. Under no circumstances shall SCI be liable for direct or indirect damages for any delay in performing its work.

6) WARRANTY.  SCI agrees a period of one (1) year after completion of installation of SCI’s scope, it will make at its expense, all repairs to its own work due to defective equipment, materials, or workmanship.  Warranty period will start the day of CO by the fire marshal. This obligation shall not apply to any portion of the installation that was altered in any way by others or due to negligence, abuse, misuse, unauthorized use, improper maintenance, any acts of god, or damage through no fault of SCI. Warranty support is subject to final payment and acceptance by the customer of record. Non payment of services invoiced shall void any and all warranty support.

7) LIABILITY.  All loss or damage for any cause not the fault of SCI to the materials, equipment, tools, work or workmen of SCI or its agent or subcontractors while in or about the premises of the buyer shall be borne and paid for by the buyer. The buyer shall provide and maintain insurance to protect the project and SCI’s work from any kind of peril from physical loss and shall cause SCI to be named as an additional insured under this insurance policy.

8) TERMS OF PAYMENT.  Depending on the contract amount monthly invoices will be rendered representing the value of materials delivered to site and work performed. All such invoices are payable in full within thirty (30) days. All sums not paid when due shall bear interest at a rate of 1 ½ % per month, or the maximum allowed by law, whichever is greater. Contracts under $5,000.00 will typically be invoiced in full at the completion of the project.

9) DEFAULT.  In case of default by buyer, SCI may declare the contract price or all unpaid installments thereof to be immediately due and payable (whether or not said installation shall have been completed), or may enter said premises remove all or any portion of the same. Default of buyer shall consist of; failure to pay any monthly invoice when due, or any act of omission on the part of the buyer whereby SCI is prevented from completion of said installation, or receivership, bankruptcy, assignment for the benefit of credits or any other form of insolvency proceedings by or against buyer or in case said premises or said system shall be attached, liened, or seized by process of law and such attachment or lien and such attachment or lien shall not be vacated or seizure terminated within ten (10) days after its occurrence. Should the contract price or any portion thereof, not be paid as set forth then buyer agrees to pay all costs, including reasonable attorney fees, incurred by SCI is a result thereof and is not conditioned upon suit actually being filed.

10) CONFLICTS.  It is expressly agreed there are no promises, agreements, or understandings not set forth in this proposal and the proposal supersedes all prior negotiations, representations, or agreements, either written or oral. In the event of a variance or conflict between any contract, agreement, plan, specification, drawing, or other contract document and this proposal, then the terms of this proposal shall govern and take precedent over such conflicting term.

11) INSURANCE.  SCI carries a general liability policy of one million US dollars per occurrence with an aggregate of three million per year. There is an umbrella policy with ten million US dollars in addition to the general liability. Any insurance requirements above these limits is agreed to be added to the cost of the project if required.

12) TAXES.  Quote/Proposal is determined using:

a.) Use Tax on materials and

b.) the project being a capital improvement project with the condition the customer issues an E-589CI form.

***EXTREMELY IMPORTANT***If the customer makes the determination that the project is NOT a capital improvement project and does not issue the E-589CI form, THIS QUOTE BECOMES VOID and will need to be revised to use Sales Tax on both material and labor. Strategic Connections MUST have the customer’s E-589CI form IN HAND before we can even CREATE THE JOB IN OUR SYSTEM, which MUST be done FIRST before we can order materials or schedule labor.