Terms and Conditions

Standard Terms and Conditions of Sale

1. Agreement: This quotation contains the complete agreement between Purchaser and Certified Lightning Protection. No terms and conditions other than the terms and conditions contained herein shall be binding upon Certified Lightning Protection unless accepted by, in writing and signed by a Certified Lightning Protection officer. All terms and conditions contained in any prior oral or written communication, including, without limitation, cases where the Purchaser’s Purchase Order containing Terms and Conditions is the latest document exchanged between Purchaser and Certified Lightning Protection, which are different from or in addition to the terms and conditions herein are hereby ejected and shall not be binding on Certified Lightning Protection. All prior proposals, negotiations and representations, if any, are merged herein.

2. General Conditions: This proposal is good for acceptance within 30 days (Unless a specific expiration date is given in quotation). Any delays in award due to changes or other causes beyond the control of Certified Lightning Protection may require new pricing. This price is based on the information provided by the client. This price may change upon receipt of specifications, architectural and structural drawings in the event Certified Lightning Protection did not have them at time of bid. Pricing is for items listed above only. Any additions or alterations by architect/contractor beyond that listed above will be subject to additional cost.

3. Terms of Payment: Certified Lightning Protection will invoice monthly on the 20th for all installation labor or services performed during the billing cycle and for all material delivered to the jobsite or off-site storage facility if circumstances require. Purchaser agrees to pay full amounts invoiced upon receipt of payment by owner. Payment of 95% is expected before any certifications will be released.

4. Termination Provisions: Authorization accepted can be canceled only with Certified Lightning Protection written consent and upon terms, which will protect Certified Lightning Protection from any loss. Terms are if any work has been completed, Certified Lightning Protection has the choice to invoice the work.

5. Severability: Any term or provision of this Agreement found to be invalid under any applicable statue or rule of law shall be deemed omitted and the remainder of this Agreement shall remain in full force and effect.

6. Governing Law, Arbitration and Litigation: This transaction shall be governed in all respects by the laws of the State of the jobsite location (excluding choice of law provisions). Purchaser agrees that all claims, disputes and other matters in question between Certified Lightning Protection and Purchaser arising out of or relating to this agreement of breach thereof shall be decided, at the sole discretion of Certified Lightning Protection, by arbitration in accordance with the rules of the American Arbitration Association or litigation in the State court.

7. Liability (Not applicable for residential projects): In no event shall Certified Lightning Protection be liable to purchaser, agent or employee for lost business profits, incidental, consequential, special, or indirect damages arising out of the sale, installation or use of the lightning protection system. UNDER NO CIRCUMSTANCES SHALL CERTIFIED LIGHTNING PROTECTION LIABILITY TO PURCHASER EXCEED THE CONTRACT PRICE.

INDEMNIFICATION: Certified Lightning Protection shall not be responsible for any losses or damages sustained by the Purchaser or any other person as a result of improper maintenance. Purchaser shall defend, indemnify and hold harmless Certified Lightning Protection and its agents and employees against any loss, damage, (liens, fines, penalties, cost, cause of action), claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Purchaser's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale or installation, either caused by concurrent and/or contributory negligence of Purchaser, Certified Lightning Protection or any of their agents, employees or suppliers. This indemnification shall not be limited to damages, compensation, or benefits payable under insurance policies, worker’s compensation acts, disability benefits acts, or other employees benefits acts. The obligations, indemnities and covenants contained in this paragraph shall be carried through the duration of this contract, unless terminated.