Terms and Conditions of 

EMV Welding Inc.

 1. Scope of Services: EMV Welding Inc. (“Company”) shall furnish the services and deliverables specifically described in the written quotation or contract provided to the Client (“Client” or “User”). No service, material, or obligation not expressly included in such writing, or on this website, shall be deemed agreed or implied.  

 2. Pricing and Payment: The Client agrees to pay the full amount set forth in the quotation or contract for all services and materials. A mobilization payment is due within one (1) calendar day of project commencement. The balance must be paid in full no later than seven (7) calendar days after project completion. Any payment not received when due shall accrue late charges and/or interest at the maximum lawful rate stated on the invoice. No returns, exchanges, or credits shall be granted for custom-fabricated, cut, delivered, or installed products or materials. All Estimates DO NOT include TAXES, unless specifically noted.

3. Cancellation and Rescheduling: The Client may cancel or reschedule scheduled services by providing written notice at least seven (7) days in advance. All expenses incurred to date, including but not limited to labor, materials, and subcontracts, remain due and payable by the Client upon cancellation. The Company reserves the right to impose cancellation or rescheduling fees if the required notice is not provided or due to inclement weather. The Company further reserves the right to adjust pricing, scheduling, or performance terms in response to substantial changes in circumstances, including but not limited to market volatility, availability fluctuations, or force majeure events. 

4. Limited Warranty: The Company warrants workmanship and materials furnished under this agreement for a period of ninety (90) days from the date of substantial completion. This warranty does not apply to damages arising from misuse, abuse, neglect, accidents, or alterations by third parties. The Client must provide written notice of any claim within the warranty period. At its sole discretion, the Company may elect to repair or replace defective items. No other warranties, express or implied, are given.. 

5. Safety and Compliance: The Company will perform all work in compliance with applicable federal, state, and local safety laws and industry standards. The Client must ensure the site is safe, accessible, and free of hazards for the Company’s personnel at all times during performance. 

 6. Liability: Company’s liability for any claim relating to or arising out of services or materials supplied herein is strictly limited to the total contract price paid. The Company shall not be liable for any indirect, incidental, special, consequential, punitive damages, or lost profits. 

7. Termination: This agreement may be terminated by either party for material breach upon written notice. In the event of termination, the Client remains obligated to pay for all work performed and materials supplied to the effective date of termination. 

8. Confidentiality: Each party shall keep confidential all confidential information disclosed by the other party and shall not use or disclose such information except as necessary to perform this agreement. 

9. Governing Law: These terms and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflict of laws principles. 

10. Entire Agreement: This document, with any referenced attachments, constitutes the entire agreement between the Company and the Client. It supersedes any prior agreements, understandings, or representations relating to the subject matter. 

11. Modifications: No amendment, modification, or waiver of any term of this agreement shall be valid unless it is set forth in writing and signed by authorized representatives of both parties. 

12. Exclusions: - 

 The following items are expressly excluded from the agreement unless specifically listed in the quotation or scope of work:

 Special contractual or insurance requirements (Client to provide insurance as per attached certificate). 

 Bonding costs. Engineering seals, supervision, or calculations for steel, joists, deck materials, or shop drawings. 

 Seismic design and grout/grouting. 

 Field measurements or site verifications (unless otherwise agreed).

 Testing or inspection costs. 

 Touch-up, special, or high-performance painting or galvanizing (Unless explicitly noted); compatibility of prime/finish coats (by others). 

 Items embedded in precast structures, miscellaneous metals, or roof frames not explicitly shown on approved structural drawings. 

 Joist reinforcing, structural steel not shown on drawings, mock-ups, cleaning/prep of install sites, snow removal, previous steel/structure demolition, and associated crane or scaffold mobilizations beyond initial mobilization.

 Permits, barricades, scanning, minority/women workforce or community hiring requirements; Company commits to a good faith effort regarding such requirements but assumes no liability for penalties or fines. 

 All costs related to mechanical equipment steel, anchor rods, prime painting of galvanized metal, masonry ties, premium or overtime labor, roof hatches, and maintenance/removal of safety post/cable unless otherwise stated in writing. 

 Street or sidewalk permits, pedestrian/vehicular protection, as well as any obligations not expressly listed in the agreed scope. 

 13. Delivery  Unless otherwise stipulated in the contract, all deliveries must be prearranged and mutually documented in writing by both parties. Title and risk of loss transfer upon delivery to the agreed site. 

 14. Raw Material Price Escalation Quoted prices are current as of proposal date and may be subject to adjustment in response to market fluctuations or availability. Adjustments will be documented, and Client will be notified in writing.accordantly. 

 15. Builders Risk Insurance. Builder’s risk insurance covering the materials and work, in amounts sufficient to protect the interest of EMV Welding Inc. and its subcontractors, is to be provided by others at no cost to the Company. Premium and deductible costs remain the Client’s responsibility.

16.Legal NotificationsAny legal notice or communication intended to amend, enforce, or terminate this agreement must be delivered by certified mail, return receipt requested, and shall be valid only if received no less than fourteen (14) days in advance.        

 17. Acceptance : By using this site, written agreement or paying a deposit on an prospected project proposal, or Estimate the user or client both parties acknowledge that they have read and agreed to accept the terms and conditions outlined in this agreement.