Terms and Conditions

•    All detailing services performed, and related work-product generated by Fabricators Clinic L.L.C, including without limitation all Plans (as defined below), shall be provided to the named customer (“Customer”) subject to the Terms & Conditions of this Detailing Addendum (“Terms”).

•    No Project (as defined below) will be acceptable to, or accepted by, Fabricators Clinic L.L.C unless the same is subject to these Terms, which shall not be amended, revised or modified except in a written instrument that specifically references the intent to modify these Terms signed by an authorized representative of Fabricators Clinic L.L.C.

•    No statements, acknowledgements, representations, or assertions stated on any Customer-issued document shall have the effect of amending, revising, or modifying these Terms.

•    A 1-1/2% service charge per month will be added to all unpaid balances over 30 - 40 days.

1.    DEFINITIONS:

•    As used in these Terms, “Project” shall mean the detailing project for which Fabricators Clinic L.L.C is providing Plans, “Building” shall mean the building or structure that is the subject of the Project, “Plans” shall mean the shop drawings for steel fabrication produced by Fabricators Clinic L.L.C for the Project, and “Agreement” shall mean the Project contract or subcontract between Fabricators Clinic L.L.C and Customer, which shall be governed by these Terms.

2.    PLANS:

•    Fabricators Clinic L.L.C will furnish Customer with electronic copies of all Plans via email or cloud-based file-sharing site.

3.    SCOPE OF WORK:

•    Fabricators Clinic L.L.C’s bid price includes a detailed scope of work and list of contract documents known by Fabricators Clinic L.L.C at the time of bid.

•    Customer acknowledges that there are no other contract documents applicable to Fabricators Clinic L.L.C’s provision of the Plans.

•    Any change in the scope of work or contract document list must be accepted in writing by Fabricators Clinic L.L.C before work commences.

•    Drawing standards required by Customer must be clearly defined before the bid due date. Any drawing standards received by Fabricators Clinic L.L.C after the bid due date may result in a change in contract price.

•    Fabricators Clinic L.L.C will not be liable for work caused by others or for misleading and/or incorrect information contained in any documents related to the Project.

4.    PAYMENT & SERVICE CHARGES: ******

5.    DESIGN:

•    Fabricators Clinic L.L.C shall not be required to check design drawings, nor will Fabricators Clinic L.L.C be responsible for design unless explicitly stated in the Agreement.

•    Fabricators Clinic L.L.C will, however, point out obvious errors as they are actually found per the American Institute of Steel Construction Code of Standard Practices.

•    Fabricators Clinic L.L.C will not stamp drawings or designs over which Fabricators Clinic L.L.C is not in complete supervisory control.

•    All connection design and review is the responsibility of the Engineer of Record.

6.    REQUESTS FOR INFORMATION:

•    Requests for Information (“RFI”) may be required to allow detailing of a Project and/or items within a Project, which may affect cost and schedule.

•    If excessive RFIs are needed, Fabricators Clinic L.L.C may charge additional fees (over and above the contract price) as determined by Fabricators Clinic L.L.C for such RFIs.

•    Fabricators Clinic L.L.C follows the standards code outlined by the National Institute of Steel Detailing and the American Institute of Steel Construction regarding the return of RFIs and Approval drawings from Customer.

•    Failure of Customer to return RFIs and Approval drawings per these standards will result in cost and schedule impacts at a cost to Customer.

7.    CHANGE ORDERS; CANCELLATION:

•    Design changes, additions, and/or deletions, and additional fees related thereto, will be negotiated at the time that they occur.

•    A formal Change Order will be issued by Fabricators Clinic L.L.C outlining specific changes, costs and schedule impacts.

•    A signed Change Order must be received by Fabricators Clinic L.L.C in order for work on such Change Order to start.

•    No work will be done on any unsigned Change Orders.

•    If the Project is canceled, Customer shall be assessed a cancellation fee determined by Fabricators Clinic L.L.C in its reasonable discretion.

8.    NON-APPROVED PLANS:

•    Plans approved by Fabricators Clinic L.L.C for fabrication shall be indicated by a clearly marked “Issued for Fabrication” on the Plans.

•    Fabricators Clinic L.L.C assumes no liability for the correctness of Plans prior to approval, Customer shall bear the risk of using non-approved Plans for fabrication, and Fabricators Clinic L.L.C will not accept any back charges or claims related thereto.

9.    OWNERSHIP:

•    All Plans and other deliverables prepared by Fabricators Clinic L.L.C are and shall remain the sole property of Fabricators Clinic L.L.C and may be used only for the purpose originally intended.

•    Any other use of the Plans shall not be permitted without express written agreement of Fabricators Clinic L.L.C and reasonable compensation for same.

10.    BACK-CHARGES.

•    Fabricators Clinic L.L.C’s back-charge policy is per the standard code of the National Institute of Steel Detailing and the American Institute of Steel Construction and shall in no case exceed the actual detailing cost of the affected item.

•    Each back-charge item shall be addressed within twenty-four (24) hours of occurrence and Fabricators Clinic L.L.C must participate in the solution and any other action necessary to correct any problems.

•    “Upon written explanation to the detailer by the customer of any alleged inaccuracy in the detailer’s drawings, the parties shall at the earliest possible date meet and assess the fault and costs of such inaccuracies. The detailer shall be allowed a tolerance of 5% above the total detailing price (the original bid plus any revisions or additions). Should the cost exceed such tolerance, the detailer shall be liable for such additional costs up to a maximum of 5% above the tolerance; the cost of direct labor, taxes, insurance and necessary transportation needed to correct the deficiency. All material costs shall be paid for by the customer. The customer shall notify the detailer of any discrepancy when discovered, so that the detailer shall have the opportunity to correct the same. In the event such notice is not promptly given, the detailer shall have no responsibility for any costs incurred. [NISD – NATIONAL INSTITUTE OF STEEL DETAILING]”

•     https://nisd.org/publications/ (Reference Link)

•    Fabricators Clinic L.L.C will not accept a back-charge deviating in any way from the foregoing. Fabricators Clinic L.L.C will not accept any costs associated with any type of liquidated damages and will not accept a contract containing them, whether expressed or otherwise.

11.    WARRANTY; LIMITATION.

•    Fabricators Clinic L.L.C warrants that the Plans will be in accordance with (a) the agreed-upon Project documents and (b) the standards code of the National Institute of Steel Detailing.

•    CUSTOMER’S EXCLUSIVE REMEDY, AND Fabricators Clinic L.L.C’S SOLE OBLIGATION, RELATED TO SUCH WARRANTY SHALL BE LIMITED TO, AT Fabricators Clinic L.L.C’S OPTION, Fabricators Clinic L.L.C’S CORRECTION OR REPRODUCTION OF THE PLANS. THE EXPRESS WARRANTY SET FORTH ABOVE IS SUBJECT TO THE LIMITATIONS SPECIFIED, AND THIS AGREEMENT EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

•    Any legal action or proceeding by Customer for breach of this Agreement must be commenced within six (6) months from date of delivery or the date the cause of action accrues, whichever is later.

•    Any claims that have not been asserted by written notice within the designated periods of time are waived.

12.    REMEDIES.

•    IN NO EVENT SHALL Fabricators Clinic L.L.C HAVE ANY LIABILITY TO PURCHASER, REGARDLESS OF LEGAL THEORY, FOR (A) ANY DAMAGES IN EXCESS OF THE FEES PAID FOR THE PLANS, OR (B) INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, including, but not limited to, loss of profits, loss of rents, loss or expense arising from any building or plant closing, construction or completion delays, labor or overhead expense, increased operating expense, increased insurance or maintenance expense, business interruption, damage or loss to inventory or any other property, or any other type of consequential, incidental, or special loss or damage whatsoever, whether claims for such damages or losses shall be based upon contract, warranty, tort, negligence, strict liability, or any other cause of action.

13.    BENEFIT.

•    Customer may not assign, transfer or delegate the Agreement or any interest or obligation herein. The Agreement shall bind and benefit only Fabricators Clinic L.L.C and Customer, shall not benefit any other persons or entities (“Third Parties”), and shall not be deemed to create any rights in favor of any Third Parties, whether or not referred to in the Agreement.

14. SEVERABILITY.

•    If any provision of the Agreement is found to be invalid or unenforceable under applicable law, such provision shall be severable and the remaining provisions of the Agreement shall remain in full force and effect.

•    The headings of the paragraphs of the Agreement are for convenience of reference and shall not limit or otherwise affect any provisions of the Agreement.

15. LIABILITIES.

•    We shall not be contractually obligated to any party other than customer, regardless customer’s agreements, Contracts with third parties.

•    The back charges are limited to a maximum 5% of the total project cost.

•    We are not liable for any back charges unless the errors were notified in writing and sufficient time was given to rectify the errors.

•    Shop drawings and plans are our property until final payment is received in full, we reserve the right to hold any shop drawings and documents pending receipt of final payment.

•    We reserve the right to stop our work due to non-payment for the work already performed.