SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

GENERAL CONDITIONS FOR'izCHMCAL SERVICES 1. C11ent Client as used herein is the entity who authorizes performance of services by Fugm(West Lrc.and accepts responsibility for payment under the conditions steed herein- 2- On-site Responsibilities and Risks 2.1 Rlght.or-Frtry. Unless otherwise agreed,Client will Sumish right-of-entry sad obtain permits as required for is to perform the field work 21 Dai age to property. We will Lille reasonable precautions to minimize damage to land and other property caused by our operatiom but we have not included in our fee the cost of repairing such damage. If Client desires us to repair and/or pay for damages;we will undertake the repairs and add the cost to our fee:. 2-3 Toide and Hazardous blaterfala. Client will provide us with all information within his possession or knowledge as to the potential occurrence of toxic or hazy: dom materials at the site being investigated. If unanticipated to)de or hazardous materials am encountered, we reserve the right to demobilize our field operations at Clients expense. Renobilization will proceed following consultation with our safety coordinator and Clicafs acceptance of proposed safety measures and fee adjustments, Z.1 Utilities and Pipelines. While performing our field work, we will Lake reasonable precsttian to avoid damage to subterranean and subaqueous structures.pipelines and utilities Client agues to hold Fugro(West), Inc. and its officers,agents.cmployees, and subcontractors harmless for any damage to such structures,pipelines,and utilities which are not called to our attention and correctly shown on plans furnished J. Warranty 3.1 Servic:s performed by Fugro(West Inc.will he conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Neo other warranty,either expressed or implied, is rnade or intended by our proposal, contract or reports. 3.2 Client acknowledges that conditions may vary frim those encountered at the location where borings,surveys or explorations are made and that our dam interpretations and recommendations aro based solely on the information available to us. We will be MRM tsrble for our data,htteepretations.and recommendations,but shall not be responsible for the interpretation by others of the information developed. s. Liability Our liability to Client for injury or damage to persons or property arising out of work peribrnred for Client and far which legal liability may be found to rest upon us,other than for professional--wars and omissions,wiil be limited to our general liability insurance coverage,which we maintain in limit c-==ding S5,000.000. For any damage an account of any error, omission,or other professional negligence. our liability will be limited to a sum not to exceed 530,000 or our fee less direaihird-parry costs.whichever is greatcr. In the event that Client does not wish to limit our professional liability to this su=we agree to waive this limitation upon receiving Clients written request and Client agrees to pay an additional consideration of a per=t of our total fee or $500,whichever is greater. 5. Invoices and Payment lnvaics will be submitted every four weeks for services rendered. Payment is due upon presentation of oto invoice and is past due thirty(30)days from invoice date. Client agrees to pay a financing charge of one percent(1%)per month(or the maximum rate allowable bylaw,whichever is less),on past due accouters. Any attorneys fees or other costs incurred in collecting gay dci mquent amount shall be paid by Client. 6. Data and Samples . geophysical data and maps will be shipped to Client 30 to 60 days atter submission of our report unless Client advises us otherwise. Upon request we will stare them for an agreed charge. All samples of soil and rock will be discarded 30 days ander submission of our repot unless Client advises us Otherwise Upon request we will deliver the samples in accordance with Clients iascructioat,charge colIecs,or will.smote them for an agreed charge i_ Records All pertinent records relatiag w services performed hereunder shall he retained for two years atter completion of the work. Client shall have aeras to Lha records at all reasonable times during said period.