E & E Detailing, Inc. Terms and Conditions

Terms and Conditions

1. Details will be done in a workmanlike manner and will be detailed to the Fabricators standards if the standards are issued before the details are started. All forms required for ordering materials and making drawings will be furnished by the Fabricator.

2. If this proposal is based on structural plans and specifications which are not complete according to Section 3 of the Code of Standard Practice for Steel Buildings and Bridges of American Institute of Steel Construction (Adopted 1986), any work required to complete such plans and specifications shall not be part of the Detailer's contract obligation. The price under this proposal shall be subject to renegotiation upon receipt of final and complete plans and specifications.

3. The Detailer shall not be responsible for information appearing on architectural plans or drawings unless specifically referenced by page on the structural plans, specifications or drawings. The Detailer shall not be responsible in any manner for errors which may occur by reason of any incompleteness or ambiguity in the structural plans, specifications and drawings. One set of contract drawings will be retained by E & E Detailing, Inc., for a minimum of one year after completion of the project.

4. If the price to be paid to the Detailer is based on tonnage of steel involved in the work, the amount of tonnage shall be certified to the Detailer by the Fabricator at the completion of the job.

5. Partial billings are to be rendered covering work performed to date of billing. All bills shall be due upon receipt. Payment not subject to retention.

6. The Detailer shall not be responsible for delays in scheduled completion dates due to design revisions, additions and lack of prompt approval of detail drawings. Should additional costs be incurred by the Detailer due to such delays or should an advance in schedules cause additional costs to the Detailer, such additional expenses shall be deemed an extra.

7. All field trips, field measuring, job coordination between the Fabricator, General Contractor, Designer and Architect are not the responsibilities of the Detailer unless otherwise specified.

8. Additional work performed by the Detailer as a result of changes, omissions or additions to the plans and specifications upon which this proposal is based, or design changes on approval shall be considered extra. Any changes of such character or responsibilities not specified in this proposal as to require additional work by the Detailer shall be considered an extra. Detailer will notify Fabricator and obtain written authorization to extra charges before proceeding with such work.

9. All extras are to become a part of the original purchase order and are payable on the same terms and conditions thereof.

10. The Detailer shall not be responsible for work affected by the requirements of other trades unless such requirements are shown or called for on either the structural drawings or specifications, or both.

11. Cost of blueprints and other reproductions are not included in this proposal. After completion of the work, the original drawings are to remain the property of the Detailer. Electronic drawing formats to remaing the sole property of E & E Detailing, Inc..

12. The Detailer shall not be held liable for delay in performance or failure to perform if such delay or failure is due to causes beyond the Detailer's control.

13. In the event any dispute arises between the parties with reference to the execution, interpretation or performance of this agreement, same shall be determined by arbitration before the American Arbitration Association, according to its rules then obtaining. The parties hereto hereby confer jurisdiction upon the courts of all states where they may be located or found, or in which the instant agreement may be performed, to confirm and enter judgement upon any resultant award.

14. The Fabricator hereby appoints the Detailer as its attorney-in-fact to communicate with and appear before the architect in the name and stead of the Fabricator in connection with any claims arising out of this contract which may be made by or against the Detailer. The Fabricator agrees to execute whatever documents the Detailer may require to effectuate the foregoing, to promptly forward to the Detailer all correspondence with relation to any such claims and to make its records in connection with such claims available to Detailer during normal business hours.

15. Should you accept this proposal, using your own contract form, it is understood that a true copy of this proposal and all its conditions will become part thereof. None of the terms and conditions contained in this proposal may be added to, deleted, modified, superseded or otherwise altered except by a writing signed by the Detailer and all details made by the Detailer shall be deemed to be only upon the terms and conditions contained in this proposal, except as they may be so added to, deleted, modified, superseded or otherwise altered by a writing signed by the Detailer, notwithstanding any terms or conditions that may be contained in any acknowledgement, order or other form of the Fabricator and notwithstanding the Detailer's act of delivering details against any such form referring to this proposal.