Terms and Conditions

 

  1. This estimate constitutes our offer and becomes our binding contract on the terms set forth herein when it is accepted either by acknowledgment or by performance. The buyer’s confirmation or order of services constitutes an acceptance of this offer irrespective of any conditions set forth by the buyer unless said conditions are expressly accepted in writing by the seller.
  2. WARRANTY (Limited): Waterjet West, Inc. warrants its cutting service to meet customer requirements as agreed on estimate and will provide certificate of conformity documents and dimensional inspection reports as required by the customer. Materials provided by Waterjet West Inc. are to be of standard quality and commercially available and provided with any mill certifications if required. Waterjet West, Inc. does not provide any structural engineering and does not warrant any of the products it fabricates for merchantability, fitness for use, or product liability. If dimensional defects are found by buyer, Waterjet West, Inc. reserves the right to replace those products in a reasonable time as agreed by both parties and no other claims or demands whatsoever shall be made upon Waterjet West, Inc. Waterjet West, Inc. is liable for cutting services only, material provided by buyer will be stored in locked yard, Waterjet West, Inc. is not liable for theft or damaged material.
  3. EXTRA WORK: Should buyer direct any additional work outside the estimate or provide material that requires additional handling or other processes outside the scope of the estimate Waterjet West, Inc. will notify the buyer of the extra charges and reserves the right to terminate the work if an agreement is not met. Should buyer request changes, buyer shall pay for that portion of any work completed before changes to the original estimate were requested by buyer. Buyer’s request for extra work shall be made in writing, but Waterjet West, Inc. shall be paid for extra work requested by buyer whether reduced to writing or not.
  4. RIGHT TO STOP WORK: Waterjet West, Inc. has the right to stop work if buyer fails to pay when due. Waterjet West, Inc. may demand and shall receive payment from buyer for all work in process or performed, materials ordered or supplied, and any loss sustained by an order to stop work by buyer, any court or other authority.
  5. DELAYS: Waterjet West, Inc. will be excused for any delays covered by this contract caused by acts of God, labor troubles or strikes, extra work imposed by buyer, inclement weather, material deliveries, changes caused by buyer or all other contingencies unforeseen and beyond the reasonable control of Waterjet West, Inc.
  6. GOVERNING LAW: This agreement shall be construed in accordance with, and overturned by the laws of the state of California and venue shall be in San Diego County.
  7. SEVERABILITY: The provisions of this agreement are severable, and if any provision of this agreement shall be held to be invalid or otherwise unenforceable, in whole or in part, the remainder of the provision or enforceable parts thereof, shall not be affected thereby.
  8. WAIVER: The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of any such provision, nor prevent such party thereafter from enforcing such provision or any other provision of this agreement. The rights granted both parties herein are cumulative and the election of one shall not constitute a waiver of such party’s right to assert all other legal remedies available under the circumstances.
  9. ENTIRE AGREEMENT: This contract constitutes the entire, exclusive and complete agreement by and between Waterjet West, Inc. and the buyer regarding work to be performed under this contract and supersedes any and all prior, contemporaneous, or subsequent oral promises, representations, of agreements. This contract may only be modified or amended by a subsequent writing signed and dated by both Waterjet West Inc. and the buyer and may not be modified on the basis of any actual or alleged fully executed oral agreement, whether or not supported by independent consideration except as set forth for extra work in paragraph 3.
  10. MEDIATION: Waterjet West, Inc. and buyer agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.