Terms & Conditions

TERMS & CONDITIONS

THESE TERMS AND CONDITIONS (the "Terms") are made as of this date (the "Terms Date") by and among Client(the "Owner"), of address indicated on the Estimate and Hinds Electrical, LLC, (the "Contractor")

RECITALS

WHEREAS, Owner is the lawful owner of the Property, whose description is stated in Work Estimate; and

WHEREAS, Owner desires certain electrical work to be carried out at the Property as per the “Scope of Work” specified in

Work Estimate and Contractor has agreed to perform such work, on the terms and conditions mentioned herein below;

Now, therefore, the Parties agree as follows:

1. SCOPE OF WORK

1.1. Contractor will perform the work as per specifications mention in Work Estimate.

1.2. Contractor will provide the service during normal business hours Monday thru Saturday 9 am to 6 pm EST.

1.3. This agreement is for the purpose of electrical work performed at the Property.

2. QUALITY

2.1. Contractor shall use trained and experienced workmen having all necessary skills needed to satisfactorily complete the

work. Contractor shall finish the work on schedule.

2.2. Contractor shall perform the work in a workmanlike manner according to industry standard practices. Any deviation

from agreed specifications, involving extra costs, will be executed only after written confirmation of Owner is obtained

in advance.

3. PAYMENT

3.1 For work orders priced at $1,000 and above, Owner shall pay an advance payment of 50% of total balance due to

Contractor prior to the commencement of the work. The remaining balance will be paid upon full and satisfactory completion of

the work. For work orders priced below $1,000, Owner shall pay the balance in full upon full and satisfactory completion of the

work.

3.2 Any pre-approved additional cost will be paid as per agreement between the Parties.

4. INSURANCE

4.1 Prior to the execution of any work, Contractor will maintain General Liability Insurance.

5. WARRANTY & INDEMNITY

5.1 Contractor warrants the quality of all workmanship for a period of one year. Any defects in the workmanship will be

repaired or replaced at no cost to Owner.

6. TERM & TERMINATION

6.1 Term. This Agreement shall commence from the Date specified on Estimate, and continue for a period of 1 year, unless

terminated earlier by the Owner.

6.2 Termination. Owner shall have the option to terminate this Agreement. In the event that the Contractor is in material breach of any of its covenants under this Agreement and where capable of

remedy, fails to remedy such breach within fifteen (15) days of being notified by Owner to remedy the breach.

6.3 Without prejudice to any other rights or remedies it may have, Owner shall have the right at any time to terminate the

Agreement forthwith by serving a written notice of termination on Contractor:

1. Contractor becomes insolvent or ceases to trade or enters into any composition with its creditors; or

2. A bankruptcy order is made against Contractor; or

3. A Receiver or an Administrative Receiver is appointed in respect of any of Contractor 's assets; or

4. An order to wind up Contractor’s business is made or a Liquidator is appointed in respect of Contractor (otherwise than

for the purposes of reconstruction or amalgamation).

5. If Contractor is prevented from providing the services by any court, other judicial, quasi-judicial, governmental orders,

for any reasons attributable to Contractor.

6.4 Effect of Termination. Notwithstanding any other rights and remedies provided elsewhere in the Agreement, on termination of this Agreement with effect from the effective date of termination and thereafter:

1. Neither Party will represent the other Party in any of its dealings.

2. The expiration or termination of this Agreement for any reason whatsoever shall not affect any obligation of either

Party having accrued under the Agreement prior to the expiration or termination of this Agreement and such expiration

or termination shall be without prejudice to any liabilities of either Party to the other Party existing at the date of

expiration or termination of this Agreement.

7. EXPENSES

7.1 Owner agrees to bear all reasonable out-of-pocket expenses and costs (including reasonable attorney and other

professional fees and expenses) incurred in connection with the transactions contemplated by Agreement.

8. ASSIGNMENT

8.1 This Agreement may be assigned by Contractor without the prior written consent of the Owner. Subject to the

foregoing, all of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable

by the successors and assigns of the parties.

9. MISCELLANEOUS

9.1 Waiver. Any term or provision of this Agreement may be waived at any time by the party entitled to the benefit thereof

by a written instrument executed by such party.

9.2 Notices. Any notice, request, demand, waiver, consent, approval or other communication which is required or permitted hereunder shall be in writing and shall be deemed given only if delivered personally (to the attention of the person identified) to the address of such person maintained on the book and records of the party sending the notice, or sent by telecopy, telegram or by certified mail, postage prepaid, or to such other address as the addressee may have specified in a notice duly given to the sender as provided herein. Such notice, request, demand, waiver, consent, approval or other communication will be deemed to have been given as of the date so delivered or telegraphed or, if mailed, three business days after the date so mailed.

9.3 Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of the State of South Carolina.

9.4 No Benefit to Others. The representations, warranties, covenants and agreements contained in this Agreement are for

the sole benefit of the parties hereto and their executors, legal representatives, successors and assigns, and they shall not be construed as conferring and are not intended to confer any rights on any other persons.

9.5 Contents of Agreement. This Agreement together with any documents referred to herein set forth the entire agreement of the parties hereto and supersede any prior agreement or understanding of the parties with respect to the transactions contemplated hereby. This Agreement may not be amended except by an instrument in writing signed by each of the parties hereto, and no claimed amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom or which such claimed amendment, modification, termination or waiver is sought to be enforced.

9.6 Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to

the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions

hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision

in any other jurisdiction.

9.7 Counterparts. This Agreement may be executed in any number of counterparts, which when taken together, shall

constitute but one and the same instrument. Any and all counterparts may be executed by facsimile.

10. DISPUTE RESOLUTION AND ARBITRATION

10.1 The Parties agree to negotiate in good faith to resolve any dispute between them arising out of, under or in connection with this Agreement. In the event the negotiations do not resolve the dispute to the reasonable satisfaction of the Parties, then each Party shall nominate a person of respectable professional standing and unimpeachable conduct as its representative. These representatives shall, within thirty (30) days of a written request by any Party to call such a meeting, meet in person and shall attempt in good faith to resolve the dispute.

10.2 Upon the Parties being unable to appoint the representatives as aforesaid, or if the disputes cannot be resolved by such representatives in such meeting as aforesaid, then in such an event, the disputes or differences shall be submitted to final and binding arbitration at the request of either Party upon written notice to that effect to the other Party. In the event of such arbitration:

a. Such arbitration shall be in accordance with the rules of American Arbitration Association (or any amendment thereof)

(which are deemed to be incorporated in this Agreement by reference). All proceedings of such arbitration shall be in the English language. The venue of arbitration shall be Greenville, South Carolina. 

b. The arbitration panel shall consist of three arbitrators, one arbitrator to be appointed by each of the Parties and the

third arbitrator to be appointed by two arbitrators so appointed.

c. Arbitration awards rendered shall be final and binding and. The losing Party, as determined by arbitrators, shall pay all

reasonable out-of-pocket expenses (including, without limitation, reasonable attorneys’ fees) incurred by the prevailing Party,

as determined by the arbitrators, in connection with any dispute unless the arbitrators direct otherwise.

d. Nothing shall preclude a Party from seeking interim or permanent equitable or injunctive relief, or both, from any court

having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for actual monetary damages through the arbitration described in this Section.

Approval of the estimate and/or job serves as expressed agreement to the above terms and conditions.