Standard Terms and Conditions

STANDARD TERMS: This Agreement is contingent upon the following terms and conditions:

This Quote is valid for 30 Days.

ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.  The arbitration hearing shall take place in Michigan before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract.

THIS AGREEMENT IS EXPRESSLY LIMITED TO AND MADE CONDITIONAL ON OWNER’S ACCEPTANCE OF THE TERMS OF THE AGREEMENT AS WELL AS THE STANDARD TERMS. CONTRACTOR OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS.

This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other contract document, it shall not be acknowledged without this accepted proposal as an attachment.