Terms and Conditions

1. Conditions

1.1 These conditions supersede any prior agreements and are only modified by a written agreement from the Seller.

1.2 Definitions:

“Buyer” refers to the party receiving services from FloridaEstimate
“Seller” refers to FloridaEstimate
“Work” includes all services, such as estimating and consulting
“Preliminary Work” refers to all preparatory services, including third-party services
“Electronic File” includes any digitized material exchanged
“Intellectual Property” includes copyrights, patents, trademarks, and other rights

1.3 Placing an order confirms the Buyer’s acceptance of these conditions.

4. Payment

4.1. Quotations are based on current costs and may be adjusted if more work is required.
4.2. Taxes are the Buyer’s responsibility.
4.3. All Work, including Preliminary Work, is chargeable, even if the Buyer decides not to proceed with it.
4.4. Extra charges apply for delays or errors caused by the Buyer.
4.5. Payment is required before the Work begins unless credit facilities are agreed.

8. Materials & Equipment Supplied by the Seller

8.1. Materials provided by the Seller remain its property.
8.2. Upon completion, the Seller may destroy materials, retaining electronic files for its records.

9. Insurance

The Buyer must insure against risks related to delivery, storage, and other liabilities outlined in the conditions.

11. Acceptance of Work

The Buyer accepts the Work upon delivery and must inspect it within 1 hour for defects.

13. Illegal Issues

2. Delivery

2.1. The Seller is not liable for delivery delays; the Buyer must accept and pay for the Work.
2.2. Work will be supplied electronically unless agreed otherwise.
2.3. The Seller may deliver in installments, which must be paid for individually.

3. Materials Supplied by the Buyer

3.1. The Buyer must retain copies of any Electronic Files.
3.2. The Seller may refuse unsuitable materials and charge for any necessary adjustments.
3.3. The Buyer assumes risk for their materials and must indemnify the Seller against claims related to supplied materials.
3.4. Finished Work is at the Buyer’s risk after dispatch.

5. Proofs & Variations

5.1. The Buyer must check all information before production. The Seller is not responsible for errors not corrected before approval.
5.2. Any requested changes or additional copies may incur extra charges.
5.3. The Buyer is responsible for reviewing the completed work before submitting a tender.

6. Credit Facilities

6.1. Payment is due within 30 days if credit is granted. Late payments will incur interest and costs.
6.2. The Seller can withdraw credit facilities at any time.

7. General Exclusions and Limitations

10. Cancellation

10.1. The Buyer can cancel before Work starts but must reimburse the Seller for materials, labor, and lost profits.
10.2. The Buyer must pay a reasonable charge upon cancellation.

12. Reservation of Title

12.1. The Seller retains ownership of the Work until all payments are made.

13.1. The Seller can refuse to process any unlawful or infringing material.
13.2. The Buyer indemnifies the Seller against claims arising from illegal material.

15. Rights of Third Parties

These conditions do not grant third parties enforceable rights.

17. Jurisdiction

The contract is governed by US laws, and disputes are subject to US courts.

18. Data Protection

The Buyer guarantees it has the right to provide personal data to the Seller and indemnifies the Seller against breaches.

14. Force Majeure

The Seller is not liable for failure to deliver due to events beyond its control, such as war, natural disasters, etc.

16. Estimating Services

16.1. The Buyer must provide clear specifications and respond promptly to queries.
16.2. Intellectual Property generated during the agreement belongs to the Buyer, though the Seller may retain copies for marketing.
16.3. The Seller is not liable for unclear specifications.

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