Term & Conditions
Terms and Conditions for Mechanical Engineering Consulting Services
(Commercial and Residential Projects)
1. Agreement to Terms
By hiring Tony’s Engineering, LLC (“Consultant”) for mechanical engineering consulting services, you (“Client”) agree to be legally bound by the following Terms and Conditions. These apply to all services provided unless otherwise specified in writing.
2. Scope of Services
Consultant shall provide mechanical engineering services for commercial and/or residential projects as outlined in the project proposal or written agreement. Services may include HVAC system design, mechanical system evaluations, energy efficiency analysis, equipment selection, code compliance consulting, and related engineering services.
3. Standards of Practice
All services will be performed in accordance with applicable professional standards, local building codes, and regulatory requirements, including but not limited to those of ASHRAE, NFPA, and applicable state licensure laws.
4. Client Responsibilities
Client shall provide accurate project information, timely access to project sites, and any necessary documents or resources needed to complete the work. Consultant is not liable for delays or deficiencies caused by incomplete or inaccurate information provided by the Client.
5. Fees and Payment
Fees are based on a time and materials basis, fixed rate, or as otherwise agreed in writing. Payment is due within 30 days of invoice date. Late payments may incur interest at 5% per month, plus any collection or legal fees incurred due to non-payment.
6. Changes and Additional Services
Any requested changes to the scope of work must be agreed upon in writing. Additional services not included in the original agreement may be billed separately at Consultant’s standard hourly rate or as otherwise agreed.
7. Ownership and Use of Documents
All drawings, specifications, calculations, and reports are instruments of service and shall remain the property of the Consultant. Client is granted a limited license to use such documents solely for the specific project. Reuse or modification without written permission is prohibited.
8. Confidentiality
Both parties agree to keep all confidential and proprietary information disclosed during the course of the engagement private, except where disclosure is required by law.
9. Limitation of Liability
Consultant’s liability for any claim arising from services rendered is limited to the total compensation paid by the Client for those services. Consultant shall not be liable for indirect, incidental, or consequential damages, including delays or loss of use.
10. Indemnification
Client agrees to indemnify and hold harmless the Consultant against any third-party claims, liabilities, or costs arising from the misuse or misapplication of engineering designs or recommendations.
11. Termination
Either party may terminate this agreement with 10 days’ written notice. Consultant shall be compensated for all services performed up to the date of termination, including reimbursable expenses.
12. Governing Law
This agreement shall be governed by the laws of the State, and any legal actions shall be brought in the courts of that jurisdiction.
13. Dispute Resolution
In the event of a dispute, both parties agree to first seek resolution through mediation. If unresolved, the dispute shall be submitted to binding arbitration.
14. Entire Agreement
These Terms and Conditions, along with any signed proposals or agreements, represent the entire understanding between Consultant and Client and supersede all prior discussions or communications.