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P.O. Box 1928 MOWERS BENICIA, CA 94510 TEL 707 346 5058 FAx 707 922 2284 ENGINEERING & INSPECTION, INC. WM PowERSEI.COM u r POWERS ENGINEERING AND INSPECTION TERMS AND CONDITIONS Proposal #36019102018 Date: 2018-10-18 1. In no event shall Powers Engineering and Inspection (PEI) be liable for any direct, incidental, consequential, special, punitive or exemplary damages, loss of use, loss of profits, loss of production or economic loss regardless of the nature of the claim. PEI's maximum liability hereunder, whether in contract, tort, or otherwise, shall not be greater than the amount of the applicable purchase order or contract amount. 2. The attached Proposal and Terms and Conditions are a binding contract between Powers Engineering and Inspection (PEI) and Customer by signing copy of this Proposal or allowing PEI to start work. 3. The Customer acknowledges that although PEI shall use its best efforts to perform the work set forth in this Proposal, PEI cannot guarantee and does not warrant that inspection work will reveal all defects. Reports are the best opinions of PEI. No warranty, express or implied, is included in this Contract as to any work or reports provided by PEI; Customer agrees that in no event shall PEI be liable for any damages relating, directly or indirectly, to the Contract based upon contract, warranty or otherwise. Customer may accept this Proposal in its entirety or reject it. 4. Customer may not add to, delete or modify any terms or conditions without written consent by PEI. 5. All prior negotiations are superseded. 6. This Proposal is only valid for a period of thirty (30) calendar days from its date unless previously withdrawn by PEI. 7. PEI is an independent contractor. 8. PEI has used its best efforts to submit a price for the services included in the Proposal based upon the information submitted to PEI by the Customer. In the event PEI discovers that there is a substantial error or omission in the information provided by the Customer, PEI reserves the right to amend the proposal. The Customer shall have the option to review and accept a revised Proposal from PEI or to terminate the Contract and pay PEI for all reasonable expenses incurred by PEI in the course of terminating the Contract. 9. PEI agrees to have in force during the time our work is in progress Worker's Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability. 10. PEI shall invoice when the Report is sent to the Customer and payment shall be due as reflected on the invoice. Any applicable local, state, or federal taxes will be added to the invoice unless specifically included in the Proposal. Payment terms are Net 10 days. 11. The Customer agrees to take full and complete responsibility for the Customer's decisions as to the use of any information provided by PEI. 11. PEI is not responsible for failure to render service due to causes not attributable to it and/or beyond its control. 12. The Customer agrees to pay PEI for performing additional services requested by the Customer that are not included in this Proposal. 13. Any controversy or claim arising out of or relating to this Contract shall be settled at the option of PEI in accordance with the American Arbitration Association Rules for Expedited Procedures. The award rendered by the arbitrator shall be final and judgment may be rendered upon it in accordance with applicable law in any California Court having subject matter jurisdiction thereof. 14. Any failure by PEI at any time to enforce or require the performance of any of these Terms and Conditions shall not constitute a waiver of such Terms and Conditions. 15. The laws of the State of California shall apply and govern the interpretation, performance, and enforcement of this Proposal, Contract, and any additional work performed by PEI for the Customer. Any legal claim arising directly or indirectly from this Contract shall be litigated in Solano County, CA. Customers Representatives Signature and Date Created on 10/18/2018 5:15:26 PM Job Title Page2of2