Privacidad y condiciones

By executing this Estimate, the signatory represents and warrants that they have the requisite authority to bind the named Customer company/agency/government body and/or otherwise contract on behalf of the named Customer. 

Customer understands and agrees that if any approvals, permits, or documentation are required prior to Thermocasting.com, LLC (“Thermocasting”) performing the agreed upon scope of work said approvals, permits, and documentation has been obtained from the proper party and are not the responsibility of Thermocasting. Should a specific permit be needed in order for Thermocasting to perform the agreed upon scope of work, Thermocasting shall obtain said permit(s). 

Should there be any approved list of vendors or contractors that Thermocasting may be required to employ and/or utilize, whether that be an approved list maintained by Customer or any entity having a contractual relationship with Customer, Customer understands and agrees that said list(s) have been provided to Thermocasting prior to the execution of this agreement. If such a list exists and is not provided to Thermocasting, any requirement that Thermocasting use a certain vendor or contractor shall be waived. 

The scope of work described in this Estimate is the full and complete scope of work to be performed by Thermocasting for the identified and/or above-described job/project. Any additional work and/or any changes to the work described in this Estimate must be made in writing and signed by all contracted parties and shall be considered . This fully executed writing shall be considered an approved change order by all contracted parties and will integrate into the original Estimate/contract as a material part thereof. If, for any reason, the parties cannot agree on a price for any additional/change order work, then the parties understand that the price shall be the actual cost of the additional/change order work plus an additional 15% of that actual cost as profit. 

If/for any reason Thermocasting begins work on the work described in this Estimate prior to the Estimate being executed by the named Customer company/agency/government body and said Customer company/agency/government body has knowledge of work commencing, then said Customer company/agency/government body will have consented and/or otherwise agreed to the scope of work and applicable terms and conditions contained in this Estimate and agrees to be fully bound by them as if the Estimate had been executed prior to work beginning. 

Payment of all Invoices for completed work is due within thirty (30) days of the Invoice date, after which time they will be considered overdue. Customer’s duty to pay shall exist and continue exclusively and/or independently of any agreement between Customer and any third party. Any failure, of any other party to pay Customer shall not serve as justification or excuse for Customer to delay payment to Thermocasting per the relevant Invoice. Should the Customer request additional documentation in support of Thermocasting’s Invoice(s), Customer understand that such a request shall not be justification to delay payment to Thermocasting for work already performed. In the event that Customer seeks documentation establishing that Thermocasting completed all work per the required specifications, then Customer agrees to pay Thermocasting no less than 90% of the amount(s) owed to it via the relevant Invoice(s). Customer shall retain no more than 10% of the amount(s) owed to Thermocasting and shall pay that 10% to Thermocasting as soon as it is confirmed that all work was completed per the applicable specifications. 

Interest shall accrue on all overdue and unpaid Invoice amounts at a rate of 1.5% per month. 

A late fee shall be charged on all overdue and unpaid Invoices equal to 10% of the Invoice amount. 

Should it become necessary for Thermocasting, at its sole and absolute discretion, to file an action to recover any unpaid amounts owed to it under the relevant Invoice, then Thermocasting shall be entitled to seek and recover reasonable attorneys’ fees and costs incurred as a result of having to file a legal action to recover funds owed to it. 

All disputes arising from Thermocasting Estimates and/or Invoices or work performed by Thermocasting shall be governed by and construed in accordance with the laws of the State of Maryland. 

All disputes arising from Thermocasting Estimates and/or Invoices or work performed by Thermocasting shall be submitted to mediation as a condition precedent to proceedings with further dispute resolution, such as the filing of a formal court action. 

Should any dispute arise which requires an action to be filed in a court of law or equity, the parties agree that the only proper venue for said action shall be the District or Circuit Court of Charles County, Maryland. 

The parties hereby expressly waive their right to pray a trial by jury in any dispute arising from or related to the Estimate, Invoice, or related work. 

Thermocasting warrants its labor as properly completed in a workmanlike manner and free of defect for a period of one (1) year following the completion of all work described in the relevant Estimate. 

Customer company/agency/government body expressly waives the right to seek to recover consequential damages (a/k/a special or economic damages) in any claim, suit, or dispute arising from Thermocasting’s work on the relevant job/project. 

Customer company/agency/government understands and agrees that its sole remedy in any claim, suit, or dispute shall be repair and/or replacement of any work deemed improper or defective. Said decision to repair and/or replace shall be made by Thermocasting only, at its sole and absolute discretion. 

This Estimate, when signed by all parties, shall represent the sole contract between the parties and supersede all other potential agreements. Any additional and/or different terms must be agreed upon in writing and executed by all parties. This Estimate, along with any written amendments and/or change orders, may be executed in counterpart and each respective signature shall integrate into this agreement as a material part thereof.