Laserfiche WebLink
<br />Forensic Analytical Consulting Services (PROHA3203) <br />www.forensicanalytical.com Right People. Right Perspective. Right Now. <br />GENERAL TERMS AND CONDITIONS <br /> <br />ALL ORDERS FOR GOODS AND/OR SERVICES SET FORTH IN FORENSIC ANALYTICAL <br />CONSULTING SERVICES, INC.’S SCOPE OF WORK (THE “SERVICES”) SHALL BE COVERED BY <br />THE FOLLOWING EXPRESS TERMS AND CONDITIONS WHICH SHALL CONSTITUTE THE ENTIRE <br />CONTRACT (THE “CONTRACT”) BETWEEN FORENSIC ANALYTICAL CONSULTING SERVICES, <br />INC. (THE “SELLER”) AND THE BUYER (THE “BUYER”). <br /> <br />1. TERMS AND CONDITIONS. All terms and conditions relating to the rendering of services or the sale of <br />goods by the Seller are set forth herein. The Contract contains the final and complete agreement between <br />the parties and there are no representations or warranties, expressed or implied, with respect to services <br />or goods, except as specifically set forth herein. No waiver by the Seller of any default shall be deemed a <br />waiver of any subsequent default. Failure of the Seller to object to provisions contained in any order or <br />other communication from the Buyer shall not be construed as a waiver of any right or remedy of the <br />Seller hereunder, nor an acceptance of any such provisions. <br /> <br />2. INDEMNIFICATION. The Buyer agrees to defend, indemnify and hold the Seller harmless from any claim <br />or liability for injury or loss, including all attorney fees and related costs arising in whole or in part from the <br />negligent act or omission, and/or strict liability of the Buyer or Anyone directly employed by the Buyer. <br />The Seller does not guarantee the completion of performance of contracts by third parties, nor is it <br />responsible for their acts or omissions, nor for the safety of any workplace other than the Seller’s <br />premises. The Seller agrees to defend, indemnify, and hold the Buyer harmless from any claim or liability <br />for injury or loss, services provided by the Seller to the extent such liability arises out of the Seller’s willful <br />misconduct or negligent performance of the service. <br /> <br />3. COMPENSATION. Unless stated otherwise in a Letter of Agreement between the Seller and the Buyer, the <br />compensation for services will be billed in accordance with the agreed upon rates, subject to change <br />upon notification. Time spent in traveling, when in the interest of the project, will be charged to the Buyer. <br />Reimbursable expenses will be charged at cost plus 15%. <br /> <br />4. PAYMENT TERMS. Payment terms are net 15 days unless special written arrangements have been made. <br />The Seller may, at any time, suspend performance of any service, withhold written reports or require <br />payment in cash, security or other adequate assurance satisfactory to the Seller when, in Seller’s opinion, <br />the financial condition of Buyer or other grounds for insecurity want such action. The Seller reserves the <br />right to assess late charges on accounts past due at a rate of 18% per annum. Any attorney fees or other <br />costs incurred in collecting any delinquent amount shall be paid by the Buyer. <br /> <br />5. TAXES. All sales taxes or use taxes, whether now existing or hereinafter imposed or modified, or taxes or <br />duties of any nature whatsoever which may be assessed, shall be paid by the Buyer. In the event the <br />Seller is required to pay any such tax, the Buyer shall reimburse the Seller therefore on demand. In lieu of <br />such payment, the Buyer shall provide the Seller at the time the order is submitted with exemption <br />certificates or other documents acceptable to taxing or customs authorities. <br /> <br />6. CREDIT. This contract is given and accepted subject to the Seller’s approval of the Buyer’s credit, <br />determinable at any time and from time to time by the Seller in its sole judgment, affecting the whole or <br />any unfulfilled portion of this contract. <br /> <br />7. LEGAL ENFORCEMENT OF GENERAL CONDITIONS. If any portion of this Contract is found to be <br />unenforceable, the remaining portions of the Contract shall remain in effect and enforced. <br /> <br />8. MODIFICATION OF AGREEMENT. The foregoing conditions may be modified only by written agreement <br />and signed by duly authorized representative of the Seller and the Buyer. <br /> <br />9. AGREEMENT OF BUYER. I understand the foregoing General Conditions and Compensation and agree to <br />abide by all herein.