Terms & Conditions

Electrical Contracting Services Terms & Conditions

This Electrical Contracting Services Terms & Conditions (the “Agreement”) available at [URL] govern the provision of electrical contracting services (the “Services”) by Parker Electric, PLLC (“Parker Electric”), a Michigan professional limited liability company, to Customer (“Customer”) (each a “Party” and collectively, the “Parties”).

Scope and Applicability. This Agreement applies to all Services provided by Parker Electric to Customer.

Estimates. Parker Electric may issue Estimates for Services from time-to-time. Estimates shall become binding and incorporated into this Agreement upon acceptance by the Parties. No further break down of price by labor or material shall be supplied after an Estimate is accepted. If the terms of any Estimate conflict with this Agreement, the applicable terms of the Estimate shall prevail. 

Revisions to Estimates. Parker Electric may revise Estimates upon changes in prices, assumptions, or the scope of work to be performed. Revised Estimates shall become binding and incorporated into this Agreement upon acceptance by the Parties. 

A la Carte Services. Upon mutual agreement, Parker Electric may provide a la carte Services to Customer on a time and material basis at Parker Electric’s then current hourly rates for such Services. The provision of a la carte Services are subject to this Agreement.

Customer Cooperation.  Parker Electric’s performance of the Services is subject to Customer’s cooperation, including, without limitation, Customer providing timely access, information, specifications, and other items reasonably requested by Parker Electric to provide the Services. Customer grants Parker Electric, its employees, agents, designees, and assigns permission to access Customer’s relevant premises for the purposes of performing the Services. Customer shall be responsible for the safety and security of its premises and property prior to, during, and after Parker Electric’s access.

Changes in Conditions.  Customer will immediately report to Parker Electric any material changes to its premises, power connections, equipment hookups, electrical systems, etc. that may impact the Services.

Inspections, Permits, and Building Codes. Customer is responsible for guaranteeing access to inspectors. Any failure to allow inspectors access to any premises where work was performed or as may otherwise be required will result in a $200.00 reinspect fee paid to Parker Electric. Customer is solely responsible for compliance with any and all building codes, permitting, inspections, and similar requirements except to the extent covered by the Services.  

Workmanship. Electrical contracting work performed by Parker Electric and certain materials (as indicated by Parker Electric) are covered by a 2-year warranty on workmanship. If Parker Electric is called to a warranty item that is determined by Parker Electric to be the fault of Customer and/or not a deficiency in workmanship or material, Customer agrees to pay a nonrefundable $300.00 service call fee to Parker Electric in addition to any other fees. Customer’s payment of its final invoice for a project constitutes Customer’s acceptance and satisfaction with the workmanship and materials and every matter about the Services performed by Parker Electric and Customer’s waiver of any claims relating thereto. 

Professional Conduct. Parker Electric provides a safe and harassment-free workplace and requires all Parker Electric personnel to conduct themselves in a professional manner. Parker Electric will not tolerate aggressive or violent behavior or profane language directed at Parker Electric. If Customer engages in unprofessional or discourteous behavior or language, Parker Electric reserves the right to end the contract immediately without liabilty and without refund of any monies paid in advance by Customer. 

Installation. Customer is responsible for the cost of other trades that may be needed to restore or improve Customer’s premises following electrical contracting work and installation. Electrical contracting work may require or result in the demolition of or damage to certain building features and surfaces. Parker Electric is not responsible for repairing or replacing such features and surfaces, including, but not limited to, dryall, ceilings, flooring, roofing, cabinets, and countertops. 

Delivery Date. The expected delivery date for Services may be subject to the satisfaction of certain prerequisites, including, without limitation, the receipt of any required materials, information, or payments. Delivery of Services may be incremental over a period of time and not all at once. Regardless of any specific timing or delivery schedules provided in an applicable Estimate, Customer acknowledges that the Services rendered by Parker Electric are of a complex nature and that occasional delays in delivery may occur. Parker Electric will make reasonable efforts to keep Customer apprised of any such delays. Unless otherwise agreed by Parker Electric, Services will be rendered during Parker Electric’s normal business hours of Monday through Thursday, 8:00 am to 5:30 pm Eastern Time. 

Payment. Unless otherwise agreed by Parker Electric, Customer shall pay Fifty Percent (50%) down before work begins on any project over Three Thousand Dollars ($3,000.00) (or any other project determined in Parker Electric’s discretion). Payment in full is due upon completion and invoice. Customer acknowledges and agrees that Parker Electric will not provide itemized invoices unless required by law. 

Cancellation Fee. Customer’s cancellation of any Services for any reason before work starts shall be subject to a cancellation fee of Twenty Percent (20%) of the entire contract price to be immediately paid to Parker Electric. Parker Electric reserves the right to withhold such amount from Customer’s deposit amount as payment, if applicable.  

Changes to Completed Work. Any changes to work that has been completed by Parker Electric will be performed on a time and materials basis mutually agreed by the Parties and must be paid for before the change to the work is performed. 

Late Payment Charge. Invoices not paid in full within five (5) calendar days of the date of the invoice will be assessed a Five Percent (5.0%) charge every month until the invoice is paid in full. Payments received by Parker Electric shall be applied to Customer’s total amounts due in an order determined by Parker Electric. Parker Electric reserves the right to suspend work on any project for nonpayment in addition to any other rights to which Parker Electric is entitled. 

Collection of Unpaid Amounts. In addition to any and all other rights to which Parker Electric may be entitled, Customer agrees to pay Parker Electric’s costs and expenses to collect any unpaid amounts, including, without limitation, court costs and attorneys’ fees. 

Independent Contractor. The Parties agree that Parker Electric is an independent contractor and not an employee, partner, agent, or joint venture of Customer.

Subcontracting. Parker Electric reserves the right to utilize subcontractors in its sole discretion.

Intellectual Property. Neither Party shall acquire any right, title, or interest in or to any intellectual property of the other Party.

Indemnification. Customer will indemnify, defend, and hold harmless Parker Electric, its officers, directors, employees, agents, subcontractors, associates, and assigns (each an “Indemnitee” and collectively, “Indemnitees”) from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including attorneys’ fees, arising out of this Agreement except to the extent caused by Parker Electric’s own gross negligence or willful misconduct. 

Waiver of Subrogation. Customer, nor anyone claiming by, through, under or on behalf of Customer, shall have any claim, right of action, or right of subrogation against Parker Electric for or based upon any loss or damage arising from this Agreement. Customer will include in each of its policies, a waiver of the insurance carriers’ rights of subrogation against Parker Electric. 

Third-party Products. Parker Electric shall not be responsible for third-party products and services.  Customer’s exclusive remedy with respect to third-party products and services is limited to any remedy against the third party that may be made available to Customer by the third party. 

Public Utilities. Parker Electric shall have no responsibility for electrical infrastructure, systems, or equipment owned, operated, or managed by public utilities or other third-parties. 

DISCLAIMERS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PARKER ELECTRIC DOES NOT MAKE, AND HEREBY DISCLAIMS TO FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, INTEROPERABILITY, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PARKER ELECTRIC DOES NOT WARRANT THE SERVICES PROVIDED WILL BE UNINTERRUPTED AND/OR ERROR FREE. PARKER ELECTRIC HEREBY DISCLAIMS RESPONSIBILITY FOR ANY ELECTRICAL DOWNTIME, LOSS OF DATA, INTERRUPTION OR INTERFERENCE WITH ELECTRICAL SYSTEMS, EQUIPMENT, AND COMPUTING SYSTEMS AND NETWORKS, REGARDLESS OF CAUSE. PARKER ELECTRIC DISCLAIMS ALL RESPONSIBILITY FOR THE PERFORMANCE, REPAIR, AND WARRANTY OF ANY AND ALL THIRD-PARTY PRODUCTS AND SERVICES. 

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PARKER ELECTRIC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. PARKER ELECTRIC’S TOTAL POSSIBLE LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF FIVE THOUSAND DOLLARS ($5,000.00) OR THE AMOUNT OF THE RELEVANT SERVICES. CUSTOMER AGREES THAT NO OFFICER, DIRECTOR, GENERAL OR LIMITED PARTNER, MEMBER, SHAREHOLDER, BENEFICIARY, EMPLOYEE OR AGENT OF PARKER ELECTRIC SHALL BE HELD TO ANY LIABILITY, JOINTLY OR SEVERALLY, FOR ANY CLAIM, DEMAND, JUDGMENT, DECREE, LIABILITY OR OBLIGATION OF ANY KIND, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF THIS AGREEMENT.

No Wavier. Parker Electric’s failure to seek redress for a violation of, or to insist upon the strict performance of, any covenant or condition of this Agreement shall not be deemed a waiver of such violation nor prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation.

Notices. Except as otherwise set forth herein, all notices, demands, and communications required or permitted in connection with this Agreement will be in writing and shall be deemed effectively given in all respects upon delivery to a Party’s primary address on file by registered mail or personal delivery by a Party or a third-party courier.

Force Majeure. In no event will Parker Electric be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by forces beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics, acts of God, and/or interruptions to or the loss or malfunctions of utilities.

Governing Law. This Agreement shall be governed in accordance with the internal laws of the state of Michigan without regard to its conflict of laws principles.

Dispute Resolution. Any case or controversy arising out of or relating to this Agreement or its interpretation (each a “Dispute”) shall be resolved in accordance with the following:

(a)        Negotiation. Upon written notice of any Dispute, the Parties shall first attempt to resolve the Dispute within a period of 30-days by negotiation in good faith between decision makers of the Parties who have authority to settle the Dispute (the “Negotiation”). 

(b)        Arbitration. Any Dispute not resolved through Negotiation shall be resolved by final and binding arbitration in accordance with the Judicial Arbitration & Mediation Service (“JAMS”) Arbitration Rules and Procedures. The arbitration will be held in Flint, Michigan, at a location of JAMS’ choosing using one neutral arbitrator unless the Dispute exceeds ten thousand dollars, in which case there shall be three neutral arbitrators, as a panel. The Parties agree that the prevailing party in any arbitration shall be entitled to enforce the arbitration award in any court of competent jurisdiction. Each Party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator shall award reasonable attorneys' fees and costs to the prevailing party, except as prohibited by law. The Parties agree that punitive damages shall be unavailable in arbitration. If a Party fails to attend or comply with the arbitration, the arbitrator will proceed with the arbitration. A Party may enter an arbitration award as a judgement in any court of competent jurisdiction. The Parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes, such as court action or administrative proceeding, and their right to a jury. 

Survival. The expiration or termination of this Agreement will not release Customer of its obligation to pay any amounts due under this Agreement. The Parties further agree that the provisions regarding indemnification, disclaimers, and limitation of liability shall survive this Agreement. 

Modification. Parker Electric may modify this Agreement upon thirty (30) days’ written notice to Customer by email or by other form of communication customary to the Parties.  

Assignment; Successors and Assigns; No Third-Party Beneficiaries. Parker Electric may assign this Agreement in its discretion. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, heirs, and assigns. There are no intended beneficiaries other than the Parties hereto.

Severability. If any term or provision of this Agreement is held to be invalid, illegal, or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall remain in full force and effect.

Construction. Unless the context of this Agreement otherwise requires: (1) words importing the singular include the plural and vice-versa, (2) the use of all pronouns shall be interchangeable and considered gender neutral, and (3) section headings and paragraph titles in this Agreement are for convenience only and form no part of this Agreement and shall not affect its interpretation.

Entire Agreement. This Agreement and any Estimates duly accepted constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and, upon its effectiveness, shall supersede all prior agreements, understandings and arrangements, both oral and written, with respect to the subject matter.

Authority. The Parties represent and warrant that they are legally authorized to enter into this Agreement and that each has the full power and authority to perform this Agreement and has taken all actions required to authorize the execution of this Agreement.

Acceptance. By selecting the “Approve” button for an Estimate or by taking any other action indicating Customer’s acceptance of the Services, Customer is agreeing to be bound by this Agreement and any terms set forth in the Estimate.