The following terms and conditions apply to work performed for Customer by Crocker Communications, Inc. For purposes of services provided by Crocker, the contract is the signed quote issued by Crocker and accepted by the Customer.
The entire invoice is due upon completion of the work. Any payment not received within 30 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is to be paid by Customer. If Crocker Communications, Inc. commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay all actual costs and expenses of collection plus attorney’s fees incurred by Crocker Communications, Inc. If Customer’s check does not clear, Customer could be liable for the check amount plus the bank fees and court costs.
Customer agrees that it will pay all expenses incurred by Crocker Communications, Inc. for the collection of any delinquent accounts including, but not limited to, all attorney’s fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the state in which the work was performed. Customer agrees to pay collection fees, reasonable attorney fees and court costs in the event of legal action. A service charge and finance charges will accrue after 30 days, in accordance with Massachusetts law.
WARRANTIES AND LIMITATIONS ON WARRANTIES
The applicable warranty for worked performed is 1 year on labor and materials supplied by Crocker Communications, if any equipment or materials is replaced or serviced by anyone else during the warranty period or if Customer or a technician used items that damaged electrical parts supplied by Crocker, the warranty is voided. Crocker may in its sole discretion, adjust the applicable warranty period. Work must be inspected and approved by Crocker before any repair is made or the warranty is voided. The warranty is not transferable. Crocker is not responsible for costs, delays, damages caused by Acts of God (as defined below) weather, failure to conduct normal maintenance or manufacturer defects. All warranty work will be performed by Crocker during normal business hours. Crocker Communications, Inc. warrants that work performed and materials and equipment which were installed in the servicing of the electrical unit(s) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of 365 days from date said work was performed or as described in manufacturer’s warranties subject to the limitations and exclusions described herein. Crocker’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon Crocker receiving actual written noticed of said defect within the 365 day period noted herein.
Items disclosed on invoice and declined by Customer and Customer supplied materials and equipment are excluded from warranty. Work performed by another vendor in whole or in part invalidates the warranty. Limited or no warranty applies to materials and equipment that has been modified or not used correctly by Customer.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES FROM CROCKER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROCKER SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY CROCKER OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by Crocker, will trigger termination of Crocker’s obligations to Customer. Customer remains responsible to pay the fees for services rendered.
EXCLUSION OF COURSE OF DEALING
It is agreed that neither party may rely on the existence of a “prior course of dealing or usage of trade” not expressly described in the contract between the Customer and Crocker to explain, modify, or contradict the obligations of either party.
QUOTES to CUSTOMER
Crocker will provide to Customer an estimate or quote for services for work via the software. A quote from Crocker is valid and available for acceptance by Customer for ninety (90) days from the date of the quote. The Customer will sign the quote accepting it and it will be returned to Crocker via the software. Accepted quotes are binding contracts subject to the terms of the quote and bind the obligations of both Crocker and Customer as described in the quote.
Crocker may terminate its contract with the Customer in the event that it determines in its sole discretion that it is financially unable to meet its obligations due to an event of force majeure defined as an event beyond the reasonable control of Crocker significantly impacting the economy as it relates to the business of Crocker caused by an Act of God, declared state of emergency or public health emergency, pandemic (specifically including COVID-19), government mandated quarantine or travel ban, war, acts of terrorism, and/or order of government or civil or military authorities. In the event of such event Crocker shall provide Customer with thirty (30) day notice in writing stating the reason for the termination and unless Crocker and Customer agree to enter into a written extension agreement, the Agreements shall terminate on the day following the expiration of the 30 day notice period and Crocker shall have no further financial obligation to Customer following the date of termination. Customer shall remain obligated to Crocker for payment for all services rendered through the date of termination. The date of termination shall be the day following the date on which the 30-day notice period expires.