- Wachter will invoice [Customer] monthly or upon completion of the phase or site, whichever is shorter.
- Right to Terminate. In the event of [Customer]’s termination without cause of any resulting contract, [Customer] will compensate Wachter for its completed work at the contract price and for its actual and reasonable expenses incurred for work in process up to and including the date of termination, including a reasonable markup for overhead and profit on costs and expenses incurred.
- Change Control Process. The following will apply to all changes, except where [Customer] has a defined process and document to be utilized:
- No work will be performed other than what was agreed to within the scope of work and design documents prior to a fully executed change order, such as:
- Schedule Changes or Delays (e.g., access restriction, state of construction, or equipment delays)
- Moves or Additions
- Early termination
- Upon written notification of change from [Customer] or by Wachter, a formal ‘Change Control Form’ will be completed identifying the scope and cost of the change.
- Even in the event of zero cost to be incurred, a ‘Change Control Form’ shall still be completed identifying the change in scope, and is expected before the change in work is performed.
- Taxes are not included in price, and will be added to invoice(s).
- Should a permit be required, permit fees are not included in price, and will be added to invoice(s).
- Wachter shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others.
- Payment is expected within 30 days of the Wachter invoice date unless [Customer] and Wachter have a prior written agreement. Please notify the Wachter project manager immediately if you have any questions or concerns about an invoice.
- When credit is extended, it is contingent upon prompt payment and will be restricted by a credit limit determined by Wachter. Open credit is subject to review and may be withdrawn at any time.
- Past due amounts are subject to a finance charge equal to the maximum rate allowable by State Law.
- If collection of this account becomes necessary, Customer agrees to pay all costs of collection, including, but not limited to reasonable attorney’s fees and cost of suit incurred. The venue of civil resolution of disputes over payment will be chosen by Wachter.
Notice: Wachter’s banking information will never change unless we contact the customer directly. If you have any concerns regarding a change, please reach out to your Wachter contact for confirmation.
Neither party will be liable to the other party by reason of any failure in performance of this agreement if the failure arises out of acts of God, acts of the other party, acts of governmental authority, fires, strikes riots or war, pandemic, National State of Emergency, or any cause beyond the reasonable control of that party. If any such event delays performance, the time allowed for such performance will be appropriately extended; or if these events cause the increase of project material pricing, or hardware costs increase; Wachter reserves the right to revisit pricing; provided however, that nothing contained in this section shall preclude either party from exercising its rights of termination herein.
This page was last updated March 30, 2020.