The following section reflect's Aglow Power's Terms and Conditions for all Work Orders, Time and Material Slips, and small independent projects. 

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I. Aglow Power Electric Inc. fully complies with state and federal laws and regulations and hereby declares that all the above job description are in accordance with the NFPA 72, National Fire Prevention Association, 2014 NEC, National Electric Code, Massachusetts amendments and Local Authority Jurisdiction.

 

         II. The scope of this Quote is subjected to Regional Wiring Inspection and Local Utility Company APPROVAL. Additional or alternate requests from either said party is not included in the final value of this Quote. 

 

         III. Aglow Power Electric is not liable for any additional costs or losses associated with delays or additional services from third-party vendors that directly impact Aglow Power’s ability to complete the project. Parties include, but are not limited to: local inspection authorities, utility company, plumbing, sprinkler, others. Under this provision, Aglow shall not be penalized, monetary or service-bound, to compensate for unforeseeable and/or anticipated.  Delays in the Work which are beyond Aglow Power’s control and caused by, but not limited to:

1. Excessive rain, snow or other unforeseeable excessive inclement weather

2. Unforeseeable material shortage, fire, earthquake, riot, industry-wide labor dispute affecting Massachusetts area and not limited to the Project (and not in jurisdictional dispute), national or state emergency, acts of war or government moratoriums.

3. Delays that are the fault solely of the Client, but only if such delays affect the critical path items and only after written notice from Aglow Power to The Client of such delay and The Client’s failure to cure such delays within five (5) business days after receipt of such written notice from Aglow Power.

          IV. This Quote reflects labor and material, with agreed conditions and terms, for services only done once. Additional changes or deviations such as: rewiring, equipment swapping, significant adjustments, other time and material consuming activities will be subjected to Change Order. See Section Below. 

 

          V. Aglow Power Electric is no responsible for providing appropriate/required disposable apparatus (e.g. dumpster, special containers) for any and all materials used in this project.

 

          VI. Payment Conditions. Payment for each project phase, as outlined in the PAYMENT CONDITIONS section, must be made up to fourteen (14) calendar days after service completion and inspection, as needed, is passed. If The Client fails to make any payment, or pay any charge refereed to this Agreement within fourteen (14) calendar days after the same is due and payable, or if The Client fails to fulfill any obligations, or breaches any other provision hereof and The Client fails to cure some, within ten (10) calendar days after Aglow Power Electric shall have demanded in writing performance thereof, or if any proceeding, bankruptcy, receivership or insolvency shall be commenced by or against The Client or its property, or if The Client makes any assignment to the benefit of its creditors, or if a meeting of creditors is called by The Client to discuss its financial obligations, or if judicial liens have been secured against The Client and/or its property and not released within a period of fifteen (15) calendar days, or if Aglow Power Electric shall reasonably believe that The Client financial condition has material changed so as to affect The Client ability to perform hereunder, same shall constitute a default hereunder and Aglow Power Electric shall have the right but not be obligated, to exercise any one or more of the following remedies:

 

1. To continue executing the project and accelerate payments due to The Client for electrical, fire alarm, or network services and declare the entire balance due under the Agreement to be immediately due and payable in full, and to take all actions and institute such suits as may be required to collect all amount dues hereunder.

 

1. Discontinue all warranty, any further service(s) and repairs, accelerate payment attribute to warranty and/or representation of property’s interest to Authority Having Jurisdiction (AHJ) or other third-party vendors and The Client shall be obligated to immediately pay eighty- percent (80%) of the remaining payments due for electrical, fire alarm system, or network services for the term of this Agreement.

 

1. The Client shall pay Aglow Power Electric all costs, expenses and costs of litigation, including attorney’s fees of twenty-five (25%) of any amount demanded if this Agreement is placed in the hands of an attorney for collection or reasonable attorney’s fees and expenses and costs of litigation incurred in the enforcement of any of its rights hereunder.

 

1.  Payment Terms follows: Payment Terms: Net Cash – One Percent (1%) service charge per month accruing from date of this report on all accounts not paid 10 business day of date of the invoice. One percent (1%) per month is a annual percentage rate of twelve (12%). By signing the last page, the customer hereby accepts this service as a satisfactory performed and agrees to pay all amounts due to the extent not paid for the manufacturer, plus interests, and all reasonable costs and attorney’s fees in current to collect the amount due from customer. Aglow Power Electric shall have the right, at its sole discretion, to require arbitration of any dispute pursuant to the Construction Industry rules of the American Arbitration association. Aglow Power Electric shall have the right to choose AAA or JAM as the arbitration forum.

 

       VII. One-Year Warranty is provided for electrical, fire alarm, and network installation and furnishing of this project. Unless stated otherwise in the documents or disclosures accompanying these Terms & Conditions, Aglow Power Electric shall warrant all services against defects in performance for a period of one-year following delivery. The warranty attests the service(s) performed within the Scope of Work listed in this Agreement to be free from defects in material or workmanship under normal use and service. In the event of failure, the obligation of Aglow Power Electric in this warranty shall be limited to repairing or replacing with a like part any original equipment part of the warranted original equipment product which proves defective, and which Aglow Power Electric  examination shall disclose to its satisfaction to be thus defective, and which cannot be placed back into operation in the field with normal service efforts. Furthermore, the obligation of Aglow Power Electric under this warranty shall be limited to the reasonable labor cost, on a straight time basis, to repair the warranted product which proves defective. No overtime labor costs or travel time will be paid under this warranty. Unless preauthorized, a maximum of one-hour travel is covered.

 

      VIII.  Warranty Exclusion - warranty does not apply to equipment which has been subject to removal from original installation site, dismantled and rebuilt, or subject to any accident, alterations by unauthorized service, negligence, abuse, misuse, improper installation, or replacement/troubleshooting of material or equipment not directly provided by Aglow Power. This warranty does not include any labor, material or mileage charges for replacement or repair of defective parts. This warranty does not apply to electrical existing wiring, previous electrical/smoke alarm work, additional service request per order of The Client or Authority Having Jurisdiction (AHJ) or field work provided by others. This warranty does not apply to any failure as a result of use/abuse, site or environmental conditions.

 

       IX.  Designs & Stamp. Aglow Power is solely responsible for, and limited to, electrical and fire alarm system designs and recommendations within the boundaries of the project scope in this Agreement. Aglow Power must adhere to local and national code-compliances, NEC/NFPA-72, as well as local Massachusetts Ordinances. Aglow Power will design and recommend technical services at the explicit request of The Client and be limited to information readily available at the time of request.

1. Code Conflicts – where conflicts between various codes, ordinances, rules, and regulations exist,           Aglow Power shall comply the design and recommendation with the most stringent.

2. Professional Liability – Aglow Power shall present valid and active Professional Liability insurance amount appropriate to the full scope of system (project). Aglow Power’s liability shall be limited to and fixed at the sum of one hundred dollars as liquidated damages, and not as penalty, and this liability shall be exclusive.

       X.  Operational Allowance. An operational budget provision is awarded in this Agreement to allow Aglow Power to perform minor tasks (labor and/or material) that are not categorically listed in the Scope Breakdown section above but are pertinent to the overall project outcome. The governing principle of this provision is to stipulate a pre-approved operational budget to compensate for minor unforeseeable and/or typical operational challenges. Challenges include, but are not limited to; blueprint shortcomings, obstacles encountered during discourse of work, inter-trade work convergence, unit relocation, additional mechanical unit support, electrical or fire alarm best practices, code-compliance requirements, or client preferential installation/relocation request.

 

         A. Allowance Percentage. An allowance sum of 1.3% of the Total Final Value will be applied to this Agreement unless otherwise specified in the Scope Breakdown. Both Aglow Power and The Client shall maintain an allowance log indicating each debit from the principal allowance. 

 

         B. Obligations. All tasks performed by Aglow Power under this allowance budget provision must be requested by The Client or their representative. Aglow Power is required to notify The Client or their representative when additional minor tasks will be performed prior the execution of the task. Aglow Power reserves the right to approve, limit, counter-offer, or reject modification requested by The Client or their representative.

 

         C. Disclosures. Allowances are not subjected to debits, discounts, credits, reimbursements, back-chargers, or any other monetary compensation pertaining Final Value (see section above). Furthermore, work performed in excess of an allowance (under definitions herewith) is subjected to normal Base Contract Condition change order provisions. Aglow Power reserves full right and discretion to the interpretation of excessive work in this Agreement. 

 

     XI.    Project Completion & Scheduling. Aglow Power shall design, precure, purchase, install, furnish, test, and/or maintain all items within the Scope Breakdown in a reasonable and appropriate timeframe. Aglow Power reserves the right to adjust, re-assess, extend, and redefine execution timeframe if project conditions and/or unforeseeable difficulties becomes apparent as the project progresses. Factors include, but are not limited to; structural difficulties, occupants/tenants lack of cooperation, limited building accessibility, additional AHJ requirements and requests, material shipping delays, impediment weather, other. Aglow Power shall not be responsible, penalized, assumes no liability as service provider and is not to be held responsible for any loss, damage, expense, due to project delays.  

 

     XII.    Energy Management System. Aglow Power shall be limited to perform manual installation of EMS components (e.g. controllers, sensors, interface boards, valves, notifiers, monitoring devices, other) under the guidance and strict instruction of the original EMS designer and/or engineering company. Aglow Power is not an EMS designer, and therefore, shall not guarantee; design and integration feasibility, projected system performance, choice of equipment/material choice, hardware or software compatibility assurance, or any guarantees on design systems.