Last Updated: December 2024
By engaging JPW Engineering ("Company," "we," "us," or "our") for engineering services, you ("Client," "you," or "your") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and JPW Engineering.
JPW Engineering provides professional MEP (Mechanical, Electrical, and Plumbing) engineering services, including but not limited to:
All services are subject to a signed service agreement or proposal that outlines specific scope, deliverables, and fees.
JPW Engineering agrees to perform all services in accordance with:
Our services are performed by or under the supervision of licensed professional engineers.
The Client agrees to:
5.1 Payment Terms: Unless otherwise specified in the service agreement, payment terms are net 30 days from invoice date.
5.2 Late Payments: Accounts not paid within 30 days may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law.
5.3 Deposits: A deposit may be required before work commences, as specified in the service agreement.
5.4 Additional Services: Work beyond the original scope will be billed separately at our standard rates or as mutually agreed upon.
Project timelines are estimates based on information available at the time of agreement. Timelines may be affected by:
We will make reasonable efforts to meet agreed timelines but are not liable for delays outside our control.
Changes to the scope of work must be documented in writing and agreed upon by both parties. Additional fees may apply for scope changes, and project timelines may be adjusted accordingly.
8.1 Ownership: All drawings, specifications, calculations, and other documents prepared by JPW Engineering remain our intellectual property.
8.2 License: Upon full payment, the Client receives a limited license to use the deliverables for the specific project for which they were created.
8.3 Reuse: Documents may not be reused for other projects without our written consent and may require additional fees.
9.1 Professional Liability: Our liability is limited to the greater of $50,000 or the total fees paid for the specific project, except as required by law.
9.2 No Consequential Damages: We are not liable for indirect, consequential, or punitive damages, including lost profits or business interruption.
9.3 Third Parties: Our services and deliverables are for the Client's use only. We assume no liability to third parties.
9.4 Construction: We are not responsible for contractor means, methods, or safety. We do not supervise or direct construction work.
JPW Engineering maintains professional liability insurance and general liability insurance as required by professional standards and applicable law.
11.1 By Client: The Client may terminate services with written notice. Client remains responsible for all fees incurred up to the termination date, plus reasonable wind-down costs.
11.2 By Company: We may terminate services with 14 days' written notice if Client breaches these terms, including non-payment.
11.3 Effect: Upon termination, we will deliver work completed to date, and all outstanding invoices become immediately due.
We will maintain confidentiality of client information except:
While we can assist with permit applications and DOB filings, the Client is ultimately responsible for obtaining all required permits and approvals. We do not guarantee permit approval or timeline.
Our designs are based on information provided by the Client. If actual site conditions differ from information provided, adjustments may be necessary at additional cost. We are not responsible for conditions not disclosed or reasonably discoverable.
Client agrees to indemnify and hold harmless JPW Engineering from claims arising from:
16.1 Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation.
16.2 Mediation: If negotiation fails, disputes will be submitted to mediation before litigation.
16.3 Governing Law: These terms are governed by the laws of New York State.
16.4 Venue: Any legal action must be brought in courts located in Orange County, New York.
17.1 Entire Agreement: These terms, along with any signed service agreement, constitute the entire agreement between parties.
17.2 Amendments: Modifications must be in writing and signed by both parties.
17.3 Severability: If any provision is found invalid, the remaining provisions remain in effect.
17.4 Waiver: Failure to enforce any provision does not waive our right to enforce it later.
17.5 Assignment: Client may not assign this agreement without our written consent.
Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, acts of government, labor disputes, or pandemics.
Email communications are considered acceptable for notices, approvals, and modifications under these terms. Both parties agree to maintain current email addresses.
Questions regarding these Terms of Service should be directed to:
JPW Engineering
599 NY-32
Highland Mills, NY 10930
Phone: (845) 234-4599
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.