Insurance
Certificates of insurance and Additional Insured Endorsement will be billed at cost plus 15%. Currently this cost is approximately $300 per endorsement.
Subcontracted Work
Contracts which are issued through Water Solutions Inc for the convenience of the customer are billed at cost plus 15%. Water Solutions Inc. Staff will issue purchase orders with estimated amount or quote amount or “not to exceed” amount. Changes will be documented in writing.
Standard Terms
Compensation For Services
Our services can be quoted for a specific project or done on a time and materials base.
Terms & Conditions
It is understood that we would be granted free access to the site for all necessary equipment and personnel. Should the Client be unable to accommodate the investigator(s) with out prior notice, a travel fee may be incurred.
Inspections, surveys, reports etc. are a contract between the Water Solutions Inc. and the Client. While every effort will be made to convey risks, issues, discrepancies etc., Water Solutions inc. is in no way liable for regulatory issues, oversights or interpretations.
Services performed by us under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other warranty, expressed or implied, is made. The Client recognizes that water procurement, treatment, storage and distribution, practices vary from region to region and utility to utility. Data, interpretations and recommendations are based solely on the information available to him.
Limits Of Liability
In performing our professional services, we will use the degree of care and skill ordinarily exercised under similar circumstances by members of our profession. No warranty, expressed or implied, is made or intended by our proposal for consulting services, by our oral or written reports, or by our inspection work. This provision allocates the risks under this Agreement between Water Solutions Inc and Clients. Water Solutions inc. pricing reflects the allocation of risk and limitation of liability specified below. Water Solutions Inc. total liability to Clients under this Agreement for damages, costs and expenses shall not exceed the compensation received by Water Solutions Inc. under this Agreement or $5000, whichever is less. Neither party to this agreement shall be liable for the other’s lost profits, or special, incidental or consequential damages, whether in an action in contract or tort, even if the party has been has been advised by the other party of the possibility of such damages.
Resolving Disputes
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Fremont, CA. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Fremont, CA. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
Billing & Payment
Water Solutions Inc. shall invoice Clients as per Water Solutions Inc standard terms (net 30 days).
Late Fees
Late payments by Clients shall be subject to late penalty fees of 1% per month from the due date until the amount is paid.
Travel Expenses
Airline Travel at cost plus 15%. Vehicle milage at $0.85.
Per Diem Rate
Lodging and meals will be billed at $126 per day or cost plus 15% which ever is greater.
Office Hours
Our normal business hours are: 8:00 to 16:00 Monday through Friday with Friday being a short day. Call ahead if you need other arrangements.
Overtime
Overtime hours are charged in conformance with current labor laws. Staff will have prior approval for overtime office hours. Overtime in the field may be incurred if it is more cost effective than a return trip.