TERMS AND CONDITIONS OF DESIGN PROCESS AND SERVICES
The Client acknowledges this agreement upon using a checkbox on our website that will link to the page with this same agreement in publicly viewable format and available to retain a copy at any time.
This agreement is made between YourPoolPlans.com and client.
Your Pool Plans is a drafting service firm and makes no claims to be a licensed contractor. Nor does Your Pool Plans offer any service related to the physical construction of any swimming pool
Your Pool Plans is not a licensed engineering firm. Any engineering provided with our plans comes from third party engineering firms that are licensed in your respective state of construction.
All measurements must be verified by the property owner or builder prior to final approval of construction plans. Your Pool Plans is not liable for any losses or fees incurred by incorrect measurements.
This includes, but is not limited to:
- City permit fees
- Plan change fees
- Structural changes
- Underbidding of a project
- Any said damage caused by faulty construction
During the construction process you can expect things to change. We charge extra for the second revision and for each additional revision.
The client shall to the fullest extent permitted by law, indemnify and hold harmless, YourPoolPlans.com; their officers, directors, employees, and agents. This includes from and against,
all damage, liability, and costs, including reasonable attorney’s fees arising out of or in any way connected with the performance of the services under this agreement. Except only those damages or
costs attributed to the sole negligence or willful misconduct of YourPoolPlans.com
The Designer is known as Your Pool Plans providing the service and the Client is known as the customer purchasing the service.
Your Pool Plans has the right to terminate any purchase or refuse any portion of the work. Your Pool Plans does not provide any services for non contractors or otherwise known as the homeowner.
Your Pool Plans provides swimming pool design services for professionals also known as builders or architects holding professional licensing as the Client (customer).
Link to this agreement as it appears on the website: https://yourpoolplans.com/terms-of-service/
Client enters this agreement upon making any purchase from Your Pool Plans.
A: THE DESIGNER IS HIRED AS AN AGENT OF THE CLIENT AND IN THIS CAPACITY THE CLIENT IS SOLELY RESPONSIBLE FOR REVIEWING AND AUTHORIZING THE PRELIMINARY PLAN.
B: IN THE PLANNING PROGRESSION FROM THE “PRELIMINARY PLAN ‘ DESIGN STAGE TO THE “FINAL DRAFT DESIGN STAGE, THE CLIENT IN ESSENCE IS VERIFYING THAT ALL LAYOUT INFORMATION HAS BEEN SUCCESSFULLY REPRESENTED AS DIMENSIONALLY TRUE AND ACCURATE PLAN.
C: VERIFYING THE LAYOUT INFORMATION MEANS THAT THE CLIENT ACCEPTS THE PLAN AND INDEMNIFIES THE DESIGNER FROM ANY AND ALL FUTURE LIABILITIES / RESPONSIBILITIES INVOLVING INACCURACIES SHOWN ON PLANNING DOCUMENTS MADE AVAILABLE.
D: ALL INACCURACIES THAT MAY RESULT IN REQUIRING ANY AND ALL PLAN CORRECTIONS/ CHANGES BEYOND THE ONE (1) REVISION WHICH HAS BEEN MADE INCLUSIVE AT THE PRELIMINARY STAGE OF THE PLAN DEVELOPMENT, WILL BE CONSIDERED A PLAN REVISION.
E: PLAN REVISIONS INVOLVE ADDITIONAL TIME, AND THEREFORE CORRECTIONS/ CHANGES ARE DEFINED HEREIN AS “UNANTICIPATABLE” AND AS SUCH, THESE HAVE NOT BEEN CONSIDERED IN THE ORIGINAL TIMEFRAME CONSIDERATIONS FOR PRODUCING THE ORIGINAL DESIGN INTENTIONS.
F: ALL CORRECTIONS/ CHANGES INVOLVING PLAN REVISIONS ARE CONSIDERED ADDITIONAL BILLABLE WORK PER THE FEE SCHEDULE IN THE STANDARD DESIGN AGREEMENT (SDA).
G: UPON ACKNOWLEDGING THE “FINAL DRAFT’ (SEE FINAL DRAFT DESCRIPTION AS SUFFICIENTLY COMPLETED, THE CLIENT AUTHORIZES THE DESIGNER TO MOVE FORWARD WITH THE ADDITIONAL PLANNING LAYERS (SHEETS / ORDERS).
H: THROUGH THE PROVISIONS OF DIAGRAMMATIC DEPICTIONS, SCHEMATICS, PHOTO IMAGES AND OTHER FORMS OF EXHIBITIONS ON THE PLANS AND DRAWINGS, THE DESIGNER WILL HAVE MADE EVERY EFFORT TO ACCURATELY EXHIBIT THE CLIENT’S INTENTIONS FOR THE PROJECT’S INSTALLATION.
- THE CLIENT RECOGNIZES THAT DESIGNER’S RESPONSIBILITIES ARE LIMITED TO PROVIDING INSTALLATION DIRECTION, NOT THE RESULTS OF INTERPRETATIONS BY THOSE DELEGATED THE RESPONSIBILITIES FOR INSTALLATION. IT WILL BE THE SOLE RESPONSIBILITY OF THE SELECTED INSTALLER TO BECOME FAMILIAR WITH THE PLANS AND SPECIFICATIONS AND VERIFY THAT NO INACCURACY EXISTS PRIOR TO ORDERING PARTS / EQUIPMENT AND COMMENCING WITH THE INSTALLATION.
- IF ANY INACCURACY BECOMES DISCOVERED, IT WILL BE THE SOLE RESPONSIBILITY OF THE CLIENT TO BRING THESE TO THE ATTENTION OF THE DESIGNER PRIOR TO THE COMMENCEMENT OF ANY WORK AND INFORM THE DESIGNER OF ANY PLAN CORRECTIONS / CHANGES THAT MAY BE NECESSARY TO CLARIFY THE INSTALLATION INTENTIONS.
- ADOPTED VERSIONS OF THE BUILDING CODE CAN CHANGE, WITHOUT NOTICE. THEREFORE, IT WILL BE THE RESPONSIBILITY OF THE PROJECT ARCHITECT TO CONVEY TO THE POOL DESIGN CONSULTANT WHICH CODES ARE CURRENT AND APPLICABLE WHEN THE POOL PLANS ARE COLLABORATING WITH ARCHITECTURAL EFFORTS.
- IN SOME CASES, A SPAN OF TIME CAN TRANSPIRE BETWEEN GAINING APPROVAL AND THE ACTUAL EXECUTION OF THE CONSTRUCTION WORK. THE POOL DESIGNER DOES NOT HAVE CONTROL OR RESPONSIBILITY FOR THE CONSTRUCTION SCHEDULE. IN SUCH CASES AN OFFICIAL ENFORCEMENT AGENT CAN ENACT INTERPRETATION OF THE MOST CURRENT CODES THAT MAY BE DEEMED APPLICABLE. THEREFORE, ANY AND ALL TIME AND PRODUCTION COSTS REQUIRED IN PRODUCING PLAN REVISIONS NECESSARY IN ORDER TO ACCOMMODATE SUCH MANDATES WILL BE CONSIDERED OUTSIDE THE ORIGINAL DESIGN WORK SCOPE INTENT AND WILL BE CONSIDERED AS BILLABLE EXTRA WORK.
PRELIMINARY PLAN STAGE = THE FIRST EFFORT FOR EXHIBITING THE DIMENSIONAL LAYOUT FINAL DRAFT PLAN = THE ACCEPTANCE OF THE PRELIMINARY PLANS AS TRUE & ACCURATE
ARTICLE 1: CONDITIONS OF INVOLVEMENT
Orders are placed upon our website to initiate service for each design and payment for initiating service is due up front.
Requests for revisions further acknowledge the acceptance of design work as completed.
Upon completion of Revision(s) plans will constitute “Final Draft”
“Final Draft” submission to The Client completes The Designer’s obligations and or responsibilities.
Revisions beyond this agreement will be the responsibility of the Client to purchase an order to revise.
ARTICLE 2: SUPPLEMENTAL SERVICES AND ADDITIONAL COST
The Client will furnish to The Designer at the Client’s cost and expense all necessary property lines and the topographic data applicable to the designated project. Existing fence lines will be considered as property lines if The Client does not provide legal descriptions. If additional topographic data is required beyond those furnished first, the additional topographic information will be furnished and paid for by The Client at The Client’s cost and expense involving design work. Services scope of work is strictly limited to the description(s) as found upon the website order page(s).
If during the progress of the development of plans or during construction The Client finds it desirable or necessary to cause The Designer to perform additional services other than those defined in Article 2, such work will be considered additional work per the General Provisions of Proposal & Contract.
ARTICLE 3: Abandonment OF IMPROVEMENT
If the Client finds it necessary to abandon the project, The Designer will retain full compensation for all work completed under Article 2 according to the schedule of payments. Scheduled Items not completed, but upon which work has been performed will not be eligible for a refund or credit balance.
ARTICLE 4: OTHER PARTIES
- It is mutually agreed that this agreement is not transferable by either signatory to a third party without the written consent from The Designer.
- Plans and specifications are instruments of service and remain the property of The Designer regarding Construction Details, Diagrams, and all other non-site-specific CAD work. The Client must obtain written approval by the Designer for any reproduction of electronically transferred.
TERMS & CONDITIONS
1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractors, including addenda, amendments, supplementary instructions, and change orders.
1.2. Contractor. The contractor or contractors retained to construct the Project for which Your Pool Plans is providing Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution.
1.5. Services. The Services provided by Your Pool Plans as set forth in this Agreement, the Proposal and any written amendment to this Agreement.
1.6. Work. The labor, materials, equipment and services required to complete the work described in the Contract Documents.
- Scope of Services Your Pool Plans will perform the Services set forth in the attached Proposal.
2.1. Changes in Scope. If Your Pool Plans provides Client with a written notice confirming a change in the Proposal, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Your Pool Plans on the Project are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the Proposal or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Section 19, “Disputes”.
2.2. Excluded Services. Your Pool Plans’s Services under this Agreement include only those Services specified in the Proposal if a proposal is needed otherwise as strictly listed upon the website order page(s).
2.3. General. Client expressly waives any claim against Your Pool Plans resulting from its failure to perform recommended additional Services that Client has not authorized Your Pool Plans to perform, and any claim that Your Pool Plans failed to perform services that Client instructs Your Pool Plans not to perform.
2.3.2. Biological Pollutants. Your Pool Plans’s Proposal specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term “Biological pollutants” includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts. Your Pool Plans’s Proposal will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that Your Pool Plans has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless Your Pool Plans from all claims by any third party concerning Biological Pollutants, except for damages caused by Your Pool Plans’s sole negligence.
Payments to Your Pool Plans
3.1. Basic Services. Your Pool Plans will perform all Services set forth for the amount(s) set forth therein and as listed upon the website due in advance in order to begin service.
3.2. Additional Services. Any Services performed under this Agreement, attached Proposal, will be provided on a time and materials basis unless parties in the attached Proposal and Schedule of Charges except those Services expressly identified in the otherwise specifically agreed to in writing by both.
3.3. Estimate of Fees. Your Pool Plans will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by Your Pool Plans. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. The use of an estimate of fees or of a “not to exceed” limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates that Your Pool Plans shall not incur fees and expenses in excess of the estimate or limitation amount without obtaining Client’s agreement to do so.
3.4. Rates. Client will pay Your Pool Plans at the rates set forth in the Schedule of Charges as listed on the website.
3.4.1. Changes to Rates. Client and Your Pool Plans agree that the Schedule of Charges is subject to periodic review and amendment, as appropriate to reflect Your Pool Plans’s then-current fee structure. Your Pool Plans will give Client at least 5 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 3 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Your Pool Plans and Client cannot agree upon a new fee structure within 10 days after notice, Your Pool Plans may terminate this Agreement and be compensated as set forth under Section 18, “Termination.”
3.4.2. Prevailing Wages. Unless Client specifically informs Your Pool Plans in writing that prevailing wage regulations cover the Project and the Proposal identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless Your Pool Plans from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorneys’ fees.
3.5. Payment Timing; Late Charge. All invoices are due upon receipt. All amounts unpaid 30 days after the invoice date will include a late payment charge from the date of the invoice, at the rate of 2.0% per month or the highest rate permitted by law.
4 Standard of Performance; Disclaimer of Warranties
4.1. Level of Service. Your Pool Plans offers different levels of Design / Consulting Services to suit the desires and needs of different clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased cost. Client must determine the level of Services adequate for its purposes. Client has reviewed the Proposal and has determined that it does not need or want a greater level of Services than that being provided.
4.2. Standard of Care. Subject to the limitations inherent in the agreed Proposal as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Your Pool Plans may perform its Services consistent with that level of care and skill ordinarily exercised by other industry specific professional consultants practicing in the same locale and under similar circumstances at the time the Services are performed.
4.3. No Warranty. No warranty, express or implied, is included or intended by this Agreement.
5 Estimate of Construction Costs is not offered
6 Construction Phase Services
If Your Pool Plans’s Proposal includes observation and/or testing during the course of construction, Your Pool Plans may:
6.1. Construction Observation is not offered.
6.1.2. Contractor’s Performance. Your Pool Plans does not, and cannot, warranty or guarantee that all of the specified geotechnical work performed by the Contractor will completely satisfy the requirements of geotechnical recommendations or the plans and specifications for such geotechnical work; nor can Your Pool Plans be responsible for Contractor’s failure to perform the work in accordance with the plans, specifications or the recommendations of Your Pool Plans.
6.1.3. Contractor’s Responsibilities. Your Pool Plans will not supervise, direct or have control of the geotechnical investigation but, Your Pool Plans will orchestrate the delegation over the Work responsibilities to a qualified sub-consultant. Additionally, Your Pool Plans will not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor for the geotechnical aspects of the Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor furnishing and performing its work.
7 Client’s Responsibilities
In addition to payment for the Services performed under this Agreement, Client agrees to:
7.1. Cooperation. Assist and cooperate with Your Pool Plans in any manner necessary and within its ability to facilitate Your Pool Plans’s performance under this Agreement.
7.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative may be subject to change by written notice and agreement by both parties.
7.3. Rights of Entry. Provide access to and/or obtain permission for Your Pool Plans to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Your Pool Plans will operate with reasonable care to minimize damage to the Project Site(s). However, Client recognizes that Your Pool Plans’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated.
7.4. Relevant Information. Client will supply Your Pool Plans with all information and documents in Client’s possession or knowledge which are relevant to Your Pool Plans’s Services. Client warrants the accuracy of any information supplied by it to Your Pool Plans and acknowledges that Your Pool Plans is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Your Pool Plans of any known potential or possible health or safety hazard existing on or near the Project Site, with particular reference to Hazardous Materials or conditions.
7.5. Subsurface Structures Correctly designate on plans to be furnished to Your Pool Plans, the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by Your Pool Plans. to any such structure or utility not so designated. Your Pool Plans is / are not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to Your Pool Plans.
8 Changed Conditions
If Your Pool Plans discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement (“Changed Conditions”), Your Pool Plans will notify Client in writing of the Changed Conditions. Client and Your Pool Plans agree to that they will then renegotiate in good faith the terms and conditions of this Agreement. If Your Pool Plans and Client cannot agree upon amended terms and conditions within 10 days after notice, Your Pool Plans may terminate this Agreement and be compensated as set forth in Section 18, “Termination.”
9 Hazardous Materials
Client understands that Your Pool Plans’s Services under this Agreement are limited to design consulting and that Your Pool Plans has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site, or located during the performance of this Agreement. The existence or discovery of Hazardous Materials constitutes a Changed Condition under this Agreement.
Client agrees not to require that Your Pool Plans execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Your Pool Plans believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Your Pool Plans believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Your Pool Plans has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Your Pool Plans is limited to an expression of professional opinion based upon the Services performed by Your Pool Plans and does not constitute a warranty or guarantee, either expressed or implied.
11 Allocation of Risk
11.1. Limitation of Liability, The total cumulative liability of Your Pool Plans its sub-consultants and subcontractors, and all of their respective shareholders, directors, officers employees and agents (collectively “Your Pool Plans Entities”), to Client arising from Services under this Agreement, including attorney’s fees due under this Agreement, will not exceed the gross compensation received by Your Pool Plans under this Agreement or $10,000, whichever is less; provided, however, that such liability is further limited as described below. Upon Client’s written request, Your Pool Plans and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Your Pool Plans’s fee, provided that they amend this Agreement in writing as provided in Section 20.
11.2.1. Indemnification of Client. Subject to the provisions and limitations of this Agreement, Your Pool Plans agrees to indemnify and hold harmless Client, its shareholders, officers, directors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney’s fees and costs of defense), or other losses (collectively “Losses”) to the extent caused by Your Pool Plans’s negligent performance of its Services under this Agreement.
11.2.2. Indemnification of Your Pool Plans
Client will indemnify and hold harmless Your Pool Plans Entities from and against any and all Losses to the extent caused by the negligence of Client, its employees, agents and contractors. In addition, except to the extent caused by Your Pool Plans’s sole negligence, Client expressly agrees to defend, indemnify and hold harmless Your Pool Plans Entities from and against any and all Losses arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material.
11.3. Consequential Damages.
Neither Client nor Your Pool Plans will be liable to the other for any special, consequential, incidental or penal losses or damages including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, profits, revenue, or inventory, or for use charges, cost of capital, or claims of the other party and/or its customers.
11.4. Continuing Agreement.
The indemnity obligations and the limitations of liability established under this Agreement will survive the expiration or termination of this Agreement. If Your Pool Plans provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the obligations of the parties to indemnify each other and the limitations on liability established under this Agreement apply to such Services as if the parties had executed an amendment.
12.1. Contractor’s Insurance; Client shall require that all Contractors and Sub-contractors for the Project name Your Pool Plans as an additional insured under their General Liability and Automobile Liability insurance policies. If Client is not the Project owner, Client will require the Project owner to require the owner’s Contractor to purchase and maintain General Liability, Builder’s Risk, Automobile Liability, Workers’ Compensation, and Employer’s Liability insurance with limits no less than as set forth above, and to name Your Pool Plans and its subcontractors and sub-consultants as additional insured’s on the General Liability insurance.
13 Ownership and Use of Documents
13.1. Client Documents. All documents provided by Client will remain the property of Client. Your Pool Plans will return all such documents to Client upon request, but may retain file copies of such documents.
13.2. Your Pool Plans’s Documents. Unless otherwise agreed in writing, all documents and information prepared by Your Pool Plans or obtained by Your Pool Plans from any third party in connection with the performance of Services, including, but not limited to, Engineering reports, boring logs, maps, field data, field notes, drawings and specifications, Geotechnical test data and other similar documents (collectively “Documents”) are the property of Your Pool Plans. Your Pool Plans has the right, in its sole discretion, to dispose of or retain the Documents.
13.3. Use of Documents. All Documents prepared by Your Pool Plans are solely for use by Client and will not be provided by either party to any other person or entity without Your Pool Plans’s prior written consent.
13.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project.
13.3.2. Use by Your Pool Plans: Your Pool Plans retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose.
13.4. Electronic Media. Your Pool Plans. may agree at Client’s request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by Your Pool Plans in electronic media are for informational purposes only and not as final documentation. Unless otherwise defined in the Proposal, Your Pool Plans’s electronic Documents and media will conform to Your Pool Plans’s standards. Your Pool Plans will provide any requested electronic Documents for a 30-day acceptance period, and Your Pool Plans will correct any defects reported by Client to Your Pool Plans during this period. Your Pool Plans makes no warranties, either express or implied, regarding the fitness or suitability of any electronic Documents or media.
13.5. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents without Your Pool Plans express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Your Pool Plans’s express prior written consent. Client waives any and all claims against Your Pool Plans resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Your Pool Plans from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained Documents provided to such person or entity, published, disclosed or referred to without Your Pool Plans’s prior written consent.
14 Samples and Cuttings
14.1. Sample Retention. If Your Pool Plans provides Your Pool Plans testing or analytic Services, Your Pool Plans will preserve such soil, rock, water, or other samples as it deems necessary for the Project, but no longer than 45 days after issuance of any Documents that include the data obtained from these samples. Client will promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances.
14.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during any investigation by Your Pool Plans and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client’s expense.
15 Relationship of the Parties Your Pool Plans will perform Services under this Agreement as an independent contractor.
16 Assignment and Subcontracts Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Your Pool Plans may subcontract for the services of others without obtaining Client’s consent if Your Pool Plans deems it necessary or desirable for others to perform certain Services.
17 Suspension and Delays
17.1. Procedures. Client may, at any time by 10 days written certified mail notice suspend performance of all or any part of the Services by Your Pool Plans Your Pool Plans may terminate this Agreement if Client suspends Your Pool Plans’s Services for more than 30 days and Client will pay Your Pool Plans. as set forth under Section 18,” Termination.” If Client suspends Your Pool Plans Services, or if Client or others delay Your Pool Plans’s Services, Client and Your Pool Plans agree to equitably adjust: (1) the time for completion of the Services; and (2) Your Pool Plans’s compensation in accordance with Your Pool Plans’s then current Schedule of Charges for the additional labor, equipment, and other charges associated with maintaining its workforce for Client’s benefit during the delay or suspension, or charges incurred by Your Pool Plans for demobilization and subsequent remobilization.
17.2. Liability. Your Pool Plans is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Your Pool Plans’s control, including but not limited to municipal inspection failures, construction miscalculations, plan review oversight, pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, “acts of God,” adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market.
18.1. Termination for Convenience. Your Pool Plans and Client may terminate this Agreement for convenience upon 10 days written notice delivered or certified mailed to the other party.
18.2. Termination for Cause. In the event of material breach of this Agreement, the party not breaching the Agreement may terminate it upon 10 days written notice delivered or mailed to the other party. The termination notice shall state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 10-day period.
18.3. Payment on Termination. Following termination other than for Your Pool Plans’s material breach of this Agreement, Designer will retain all payments as made by the Client up to the date of termination, and the Client will pay Designer for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Your Pool Plans’s then current Schedule of Charges.
19.1. Mediation. All disputes between Your Pool Plans and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice.
19.2. Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice.
19.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the State of Texas. Any mediation or other legal proceeding will occur in the County of Designer.
19.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Your Pool Plans’s Services under this agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims.
19.5 If work has begun on an order and then the order is cancelled by the Client it is eligible for a partial credit. No cash refunds are offered.
20.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to approximate the stricken portions as closely as the law allows.
20.2. Modification of this Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement.
20.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either hand delivered to the recipient or delivered by first-class mail (postage prepaid) or express mail (billed to sender) at the addresses given in this Agreement.
20.4. Headings. The headings used in this Agreement are for convenience only and are not a pan of this Agreement.
20.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach.
No existing geotechnical investigation report site plan, plot plan, grading plan, drainage plan, or topography plan was made available for review at the time this proposal was prepared.
Scope of Services:
As no existing geotechnical investigation report was available, we do not include the cost of preparing a report or reviewing a soils report for the proposed design.
Geotechnical Scope of Work: Not Offered
Structural Mechanical Calculations Scope of Work: Not Offered
Engineering Certifications: Not Offered
A 100% prepayment is required prior to start of work with the remaining balance due upon completion of the noted scope of work.
The scope of work presented herein was developed based on the information provided to our office. If any additional costs are incurred from the following items below, we will notify you prior to incurring these additional costs.
Our office will inform you of any additional fees which may be incurred prior to proceeding with any additional services.
The cost provided does not include unforeseen site and/or access conditions. If unforeseen site or access conditions are encountered requiring additional time than anticipated, our office will inform you of any additional fees which may be incurred prior to proceeding with our services. Our fees are based upon only the information provided, to date.
Any revisions due to design changes that are requested by the owner, architect, or regulatory agencies after our drawings or report (s) are completed will be invoiced on a time and materials basis per the fees itemized under Construction Administration Services.
Additional charges will be applied for specialized invoicing and/or if backup documentation is needed. These special services will be charged on a time and expense basis.
The number of reports and plans as noted above will be provided. Additional copies of the reports or plans requested after the initial sets are sent will be subject to reproduction costs.
Our services are not offered in the state of California.
By use of our website and by making a purchase of our services you acknowledge this agreement and thereby enter into this agreement including all terms, limitations, and conditions as listed above herein.
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above the parties enter this agreement the moment the Client makes any purchase from Your Pool Plans.