Terms & Conditions
1. Conditions
1.1. These conditions override all prior agreements and cannot be modified except by written agreement from the Seller.
1.2. Key Definitions
- (a)“Buyer” refers to the party requesting work from Arkansas Estimating
- (b) “Seller” refers Arkansas Estimating
- (c) “Work” includes estimating consulting services
- (d) “Preliminary Work” means preparatory work, including third-party services
- (e)“Electronic File” refers to any digital material provided
- (f)“Intellectual Property” includes all registered and unregistered intellectual property rights.
1.3. An order from the Buyer confirms acceptance of these conditions.
2. Delivery
2.1. The Seller is not liable for delivery delays, and the Buyer must accept and pay for the work, regardless of delays.
2.2. Work will be supplied electronically, and the Buyer must manage printing and distribution.
2.3. he Seller may deliver in installments. Non-payment may suspend further deliveries or terminate the contract.
3. Payment
3.1. Quotations may be adjusted if more work is needed.
3.2. Prices exclude taxes, which are the Buyer’s responsibility.
3.3. Preliminary Work is chargeable, regardless of whether the Buyer proceeds with production.
3.4. Extra charges apply for additional Work due to errors or delays from the Buyer.
3.5. Payment is due before Work starts unless credit terms are agreed.
4. Credit Facilities
4.1. Payment is due within 30 days if credit is granted. Late payments will incur interest and collection costs.
4.2. Credit facilities can be revoked at any time, making all invoices immediately due.
5. Materials Supplied by the Buyer
5.1. The Buyer must retain copies of Electronic Files and is responsible for accuracy.
5.2. The Seller may refuse unsuitable materials. Additional costs for unsuitable materials are the Buyer’s responsibility.
5.3. Risk for Buyer-supplied materials is with the Buyer, and the Seller may charge storage fees.
5.4. Risk in finished Work passes to the Buyer upon dispatch.
6. Materials & Equipment Supplied by Seller
6.1. Seller retains ownership of materials provided for Work.
6.2. After completion, the Seller may destroy related materials, retaining files for printed items.
7.Proofs & Variations
7.1. The Buyer must review and approve work for accuracy before production.
7.2. Variations will incur additional charges.
7.3. The Buyer is responsible for reviewing and approving completed work before submission.
7.4. Color variations may occur between proofs and final production.
7.5. No warranties are provided regarding the work’s quality or fitness for purpose.
8.Insurance
The Buyer Should Insecure Against Risks related to delivery, storage and limitations of liability.
9.Acceptance of Work
Work is accepted upon delivery. The Buyer must inspect and report defects within 72 hours.
10. Exclusion & Limitation of Liability
10.1. The Seller is not liable for consequential losses.
10.2. Seller’s liability is limited to the price paid for the Work.
10.3. The Buyer must inspect work before forwarding to third parties.
10.4. The Seller may reject work for third-party processing.
11. Cancellation
11.1. The Buyer may cancel before work begins but must reimburse the Seller for expenses and lost profit.
11.2. A cancellation fee may apply.
12. Reservation of Title
12.1. Work remains the Seller’s property until paid for in full.
12.2. The Buyer must return work upon request if not fully paid.
12.3. The Seller can sell work to cover any debts due from the Buyer.
13. Illegal Issues
13.1. The Seller may refuse work that violates laws or third-party rights.
13.2. The Buyer indemnifies the Seller against claims related to unlawful or defamatory content.
14. Force Majeure
The Seller is not liable for failure to perform due to events beyond its control, including natural disasters, strikes, and other disruptions.
15. Rights of Third Parties
These conditions do not give third parties enforceable rights under U.S. law.
16. Jurisdiction
This Contract is governed by U.S Law, with disputes subject to U.S Court
17. Estimating Services
17.1. The Buyer must provide clear specifications and respond promptly to queries.
17.2. Intellectual Property generated during the work belongs to the Buyer, but the Seller may retain copies for marketing.
17.3. The Seller is not liable for unspecified requirements or errors in the Buyer’s specifications.
18. Data Protection
18.1. The Buyer guarantees the right to provide personal data and indemnifies the Seller against claims related to data breaches.
18.2. The Seller removes personal data after contract completion.
