{"id":55,"date":"2021-11-22T08:47:01","date_gmt":"2021-11-22T14:47:01","guid":{"rendered":"https:\/\/www.emertechelectrical.com\/?page_id=55"},"modified":"2025-08-03T19:37:15","modified_gmt":"2025-08-04T00:37:15","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/emertechelectrical.com\/stagingsite\/terms-and-conditions\/","title":{"rendered":"OUR TERMS & CONDITIONS OF SERVICES"},"content":{"rendered":"

General Terms & Conditions<\/span><\/h1>\n1. PROPOSALS \u2013<\/strong> Written proposals or quotations (collectively \u201cQuotations\u201d) are firm for thirty (30) days from date of issue, unless otherwise provided for in writing. Quotations are subject to re-negotiation if quantity, option, accessory or any other condition is changed from the original quotation. Unless otherwise indicated, Quotation prices do not include freight, tax or other government charges, all of which shall be the responsibility of Buyer (as defined below). For the purposes of these Terms and Conditions, the term \u201cGoods\u201d used hereinafter shall mean and include all products, goods, materials, supplies, equipment and all labor and services in connection therewith as outlined in the Quotation. \u201cProject\u201d and \u201cPrice\u201d refer to the meaning ascribed in the Quotation. The Quotation, together with these Terms and Conditions, form the entire agreement between the parties with respect to the Goods.<\/span>\n

<\/span><\/p>\n\n\n2. PLAN APPROVAL \u2013<\/strong>\u00a0All items quoted are subject to approval, in accordance with plans and specifications, not including any addenda unless otherwise stated. Emertech Electrical requires one (1) set of submittals that are marked approved by the engineer or specifying authority to be sent to our office before any order will be released for shipment. In the case of Buyer agreements where prototypical bid documents represent the general configuration for multiple locations, one set of approval drawings will be submitted for approval each calendar year. Specific changes to the prototype will be addressed with individual approval drawing submissions, negating the requirement for the full approval process.<\/span>\n

<\/span><\/p>\n\n\n3. ACCEPTANCE OF ORDER, TERMINATION \u2013<\/strong> Acceptance of any order is subject to credit approval and acceptance of order by Emertech Electrical and, when applicable, Emertech Electrical’s suppliers. If credit of the buyer of the goods (\u201cBuyer\u201d) becomes unsatisfactory to Emertech Electrical, Emertech Electrical reserves the right to terminate upon notice to Buyer and without liability to Emertech Electrical.<\/span>\n

<\/span><\/p>\n\n\n4. SPECIAL ORDERS \u2013<\/strong> Orders for special, made-to-order Goods cannot be cancelled nor returned and Emertech Electrical may require upfront full or partial payment for such Goods.<\/span>\n

<\/span><\/p>\n\n\n5. SHIPMENTS \u2013<\/strong> All shipments are FOB manufacturer\u2019s factory. Buyer\u2019s written acceptance, whether written or electronic, or acceptance of delivery of Goods from Emertech Electrical, whichever occurs first, shall be deemed to be an acceptance of Emertech Electrical’s offer to supply the Goods, as contained in the Quotation and these Terms and Conditions.\u00a0<\/span>\n

<\/span><\/p>\n\n\n6. SHIPPING DATES \u2013<\/strong> Manufacturers will do their utmost to meet client\u2019s delivery requirements and manufacture product with the acknowledged or requested shipping dates. Emertech Electrical cannot be held liable for manufacturing delays or for delays in delivery. Emertech Electrical will not accept penalty charges for such delays. Shipping dates are approximate and are based on conditions existing at the time of receipt of client\u2019s account acceptance, purchase order, approved submittals, shop drawings and acceptance of order by the manufacturer.<\/span>\n

<\/span><\/p>\n\n\n7. SHIPPING CLAIMS \u2013<\/strong> Subject to the security interest set forth in Section 8, title to the Goods and risk of loss of the Goods shall pass to Buyer upon delivery to a carrier or to Buyer\u2019s truck (F.O.B. shipping point). Carrier routing will be at the discretion of the manufacturer unless the Buyer directs otherwise in writing and assumes additional charges for special routing. Buyer or its consignee must inspect merchandise upon receipt for any shortage, loss or damage and sign for any such discrepancies. Any such discrepancies must be reported to the Company within three (2) business days after receipt so that Emertech Electrical may file necessary claim forms to obtain proper credit to its client. Buyer shall have no right of offset from outstanding invoices with respect to any claims made. Emertech Electrical will not be held responsible for replacing Goods if not informed within the aforementioned timeframes of receipt by client of such damage or loss to Goods or if the manufacturer of such Goods denies any claim for damages.<\/span>\n

<\/span><\/p>\n\n\n8. FREIGHT CHARGES \u2013<\/strong>\u00a0All orders are plus freight paid by the clients, unless manufacturer terms prevail with freight terms prepaid by manufacturer. Quoted freight dollars are estimates only and are subject to be changed pending carrier\u2019s final invoice. Expedited delivery, lift gate, pallet jacks, after hour\u2019s deliveries, etc. will result in additional charges.<\/span>\n

<\/span><\/p>\n\n\n9. DELAY IN DELIVERY \u2013<\/strong> Emertech Electrical is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Emertech Electrical\u2019s reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and notwithstanding anything to the contrary, in no case shall Emertech Electrical be liable for any delay damages, damages, costs, expenses, consequential or special damages arising from any delay in shipment or delivery.<\/span>\n

<\/span><\/p>\n\n\n10. TAXES \u2013<\/strong> Prices shown on some bid proposals do not include sales or other taxes imposed on the sale of goods. In such case, taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Emertech Electrical for any such tax, within three (3) days of receiving an invoice, as permitted by local and state laws or provide Emertech Electrical with acceptable tax exemption certificate.<\/span>\n

<\/span><\/p>\n\n\n11. PAYMENT \u2013<\/strong> Payment in full is due upon the completion of all electrical service repairs performed by Emertech Electrical. For large scale\u00a0 construction projects payment terms are set forth within project bid proposals. <\/span>\n\nWhenever, for any reason, doubt as to Buyer\u2019s financial responsibility develops, Emertech Electrical may require cash payment in advance and\/or other credit enhancements. Buyer grants to Emertech Electrical a purchase money security interest in the Goods delivered pursuant here to by Emertech Electrical to secure payment of all amounts owing from client to Emertech Electrical. Buyer agrees and irrevocably appoints Emertech Electrical its agent to execute all such documents and instruments and to take such other action as may be necessary or reasonably required by Emertech Electrical to perfect and otherwise protect Emertech Electrical\u2019s security interest hereunder. The forgoing agency is coupled with an interest hereunder and shall be irrevocable as long as client owes any amounts to Emertech Electrical. Emertech Electrical reserves the right to charge interest. The interest rate will be at the lesser of either one and one-half percent (1.5%) per month, or the maximum rate allowed by law if the Buyer is delinquent in payment of invoices.<\/span>\n\nIf Emertech Electrical<\/span>\u00a0has to file suit, the Customer agrees to pay the Emertech Electrical<\/span>‘s reasonable attorney’s fees, costs and interest in addition to the amounts owed.\u00a0 The Customer accepts full responsibility for the prompt payment even though customer may intend to obtain reimbursement from others (landlords\/tenants\/insurance). In the event of non-payment at the time of service, Emertech Electrical<\/span>\u00a0reserves the right (1) to contact law enforcement and file charges for the non-payment and (2) to remain at the property until a police report is filed.<\/b>\n

<\/span><\/p>\n\n\n12. PROJECT CANCELLATION POLICY \u2013<\/strong> <\/span>If, after a project deposit has been made, you decide to cancel Emertech Electrical’s Services, you agree that Emertech Electrical is owed for any work performed plus twenty percent (20%) of the estimated cost of the job as liquidated damages to compensate Emertech Electrical\u00a0for the time, cost, effort, reservation of labor and materials caused by the booking of the appointment and the subsequent cancellation. This is as liquidated damages to compensate Emertech Electrical\u00a0for an uncertain loss and not as a penalty.\u00a0 By scheduling work to be completed at a later date, you specifically authorize Emertech Electrical\u00a0to retain the amounts owed from your deposit.\u00a0 If the deposit is not sufficient to cover the charges and fees, you authorize Emertech Electrical to collect the amount owed. Any type of wire cuts and permits are non-refundable. Upon cancellation, it is the customer’s responsibility to administratively close out any permits and Emertech Electrical\u00a0will not be responsible for, and shall be fully released from doing so.<\/span>\n

<\/span><\/p>\n\n\n13. WARRANTIES \u2013<\/strong> No warranty is offered on any parts or repairs unless the work was paid for, in full, to Emertech Electrical. If the parts and repair are not listed on the invoice, or were listed on the invoice but not charged or paid for, there is no warranty provided.<\/span>\n\nThere are circumstances where Emertech Electrical<\/span>\u00a0will recommend other repairs to the Customer that if not made, may cause the repair that was made to fail.\u00a0 If the Customer elects not to have the recommended repairs done, no warranty is offered for the repair that was made.\n\nIf the part, equipment or repair for which the warranty is claimed has been abused, modified, misused, relocated, damaged or has not been reasonably maintained, Our Warranty is voided.\u00a0 If the part, equipment or repair has been damaged by electrical surges, lighting or other weather-related issues, Our Warranty is voided.\n\nNo warranty is provided for damage or failure due to environmental or weather conditions (outside of manufacturer specifications) fire, shifting soil, or other acts of God, including but not limited to lightning strikes, flooding, and wind damage.\n\nNo warranty is offered for any cosmetic or appearance defects.\n\nNo warranty is offered for any inter-connected device failures such as smoke detectors other than the exact one that was installed by Emertech Electrical<\/span>.\u00a0 There are circumstances where other inter-connected devices on system will fail and Emertech Electrical<\/span> offers no warranty on the system.\u00a0 No warranty is offered on regular battery maintenance which includes changing out batteries on non-sealed smoke detectors.\n\nNo warranty is offered on light bulbs or any other consumable products.\n\nNo warranty is offered for any loss of efficiency due to normal wear and tear, for overrated capacities, for modifications or for failure that is due to defect, damage or loss of efficiency caused by the use of any attachment, (including an energy saving device) not authorized by the manufacturer or Emertech Electrical<\/span>.\n\nNo warranty is offered for any future change in regulation or electrical or building code made after the work is performed by Emertech Electrical<\/span>.\u00a0 Emertech Electrical<\/span>\u00a0is excused from coverage in the event that any applicable governing body implements any new or revised rules or laws that require additional\/revised servicing or replacement of the parts or equipment.\n\nIf you have a suspected warranty claim, you must notify Emertech Electrical<\/span> and allow us to inspect the electrical issue before any changes are made or the parts or equipment is removed or otherwise altered.\u00a0 If you fail to allow Emertech Electrical<\/span>\u00a0to inspect the electrical issue before the parts or equipment are removed or altered, Our Warranty is voided.\u00a0\u00a0<\/b>If an electrician is called out on a warranty call and the item needing repair is not covered by Our Warranty, the normal service charge will be charged, plus an additional $100 minimum labor fee and will be paid by Customer.\u00a0\u00a0All warranty work will be scheduled and performed during normal business hours only, unless the Customer requests “after-hours” emergency service for which the Customer will be charged the standard emergency service fee.\u00a0 If it is determined that the repair needed is covered under warranty (technician determined) then customer will be refunded standard repair portion of the emergency service fee.\u00a0 Normal business hours are Monday – Friday 8am-5pm, excluding holidays<\/b>.\n\nEmertech Electrical warrants that the Goods sold hereunder are of merchantable quality and that it can convey the title to the Goods free of any security interest or other lien subject to payment for such Goods. EXCEPT AS EXPRESSLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GOODS OR THE USE THEREOF INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Emertech Electrical\u00a0accepts no responsibility for voltage determination, frequency determination, or finish requirements.<\/span>\n

<\/span><\/p>\n\n\n14. WARRANTY ADMINISTRATION \u2013<\/strong> Emertech Electrical\u00a0will administer manufacturer\u2019s warranties in accordance with attached SAMPLE warranty administration document.<\/span>\n

<\/span><\/p>\n\n\n15. MANUFACTURER TERMS AND CONDITIONS \u2013<\/strong>\u00a0The manufacturer\u2019s terms and conditions of material supplied by Emertech Electrical to Buyer shall convey to Buyer.<\/span>\n

<\/span><\/p>\n\n\n16. INDEMNIFICATION \u2013<\/strong> BUYER SHALL INDEMNIFY, REIMBURSE, DEFEND AND HOLD EMERTECH ELECTRICAL, THE MANUFACTURER, AND EACH OF THEIR AFFILIATES, EMPLOYEES, REPRESENTATIVES AND AGENTS (\u201cINDEMNITEES\u201d) HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, DEFICIENCIES, COSTS OR EXPENSES (INCLUDING INTEREST, PENALTIES AND REASONABLE ATTORNEYS\u2019 FEES AND DISBURSEMENTS) THE INDEMNITEES MAY INCUR AS A RESULT OF, ARISING OUT OF, OR RESULTING FROM THE COMPANY’S SUPPLY OR FAILURE TO SUPPLY GOODS HEREUNDER, OR RELATED TO ANY GOODS SOLD OR ANY USE OF SUCH GOODS.<\/span>\n

<\/span><\/p>\n\n\n17. MODIFICATION OF TERMS AND CONDITIONS \u2013<\/strong> These Terms and Conditions control and supersede all other communications, negotiations, and prior oral or written agreements or statements regarding the Goods or subject matter of these Terms and Conditions. No change, modification, rescission, discharge, abandonment, or waiver of these Terms and Conditions shall be binding upon the Company unless made in writing and signed on its behalf by a duly authorized representative of Emertech Electrical. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these Terms and Conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Additional or different terms proposed by Buyer or any attempt by Buyer to vary in any degree any of these Terms and Conditions whether by purchase order, acceptance, payment, invoice, quote or otherwise are hereby deemed a material alteration and notice of objection and rejection of such terms is hereby given. If Buyer shall deem this document an acceptance of a prior offer, such acceptance is expressly conditional upon, and limited to, Buyer\u2019s acceptance of these Terms and Conditions set forth herein.<\/span>\n

<\/span><\/p>\n\n\n18. GENERAL \u2013<\/strong> These Terms and Conditions shall be governed by the laws of the State of Texas without reference to its internal conflicts of laws principles. In the event that any one term or condition listed above should be deemed invalid, all other terms and conditions will remain valid and in full effect. The Company shall not be liable or obligated to the Buyer for its failure to perform hereunder if and to the extent that such failure to perform is beyond its reasonable control. These Terms and Conditions shall control in all respects concerning the purchase of Goods from Emertech Electrical notwithstanding the printed terms and conditions stated in any purchase order, sales order, order acknowledgement or other form submitted in connection with the purchase of Goods. Emertech Electrical hereby objects in advance to any printed terms and conditions set forth in any such sales order, purchase order, order acknowledgement or other form submitted in connection with the purchase of Goods to the extent inconsistent with these Terms and Conditions contained herein.<\/span>\n

<\/span><\/p>\n\n\n19. WAIVER \u2013<\/strong> The failure of Emertech Electrical to insist upon the performance of any of the provisions of these Terms and Conditions or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under these Terms and Conditions.<\/span>\n

<\/span><\/p>\n\n\n20. ASSIGNMENT \u2013<\/strong>\u00a0Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Emertech Electrical, and any such assignment, without such consent, shall be void.<\/span>\n

<\/span><\/p>\n\n\n21. DISPUTE RESOLUTION \u2013<\/strong>\u00a0If a dispute between Emertech Electrical and Buyer arises out of the Quotation, these Terms and Conditions or the Goods, then Emertech Electrical may elect to arbitrate such dispute in the manner provided below, or to litigate the dispute in a forum with jurisdiction to decide the dispute. Any arbitration shall be conducted in accordance with the Construction Industry Rules of the American Arbitration Association; provided, however, that only one arbitrator shall hear the case. Buyer agrees, upon the request of Emertech Electrical, to submit a dispute to a mediator and to negotiate in good faith to reach an agreement with respect to the dispute. These Terms and Conditions and the Quotation shall be governed by the laws of the State of Texas. Any dispute, controversy or claim arising out of or relating in any way to the Quotation, these Terms and Conditions or the Goods, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach, shall be exclusively resolved by following the dispute resolution procedures set forth above. Mediation and Arbitration of any such dispute shall occur in Travis County, Texas or Williamson County, Texas.<\/span>\n

<\/span><\/p>\n\n\n22. SURVIVAL \u2013<\/strong>\u00a0These Terms and Conditions shall survive the delivery of the Goods and the completion or termination of the Quotation and these Terms and Conditions.<\/span>\n

<\/span><\/p>\n\n\n23. COMPLETE AGREEMENT \u2013<\/strong>\u00a0The provisions of these Terms and Conditions, including the specifications and standards set forth in the Quotation shall control. In the event of an irresolvable conflict among the specifications set forth in these Terms and Conditions, or the other related contract documents, including, but not limited to, purchase orders and invoices, then these Terms and Conditions shall control.<\/span>\n\n

\n\n

Messaging Terms & Conditions<\/span><\/h1>\nWhen you opt-in to the service, we will send you a message to confirm your signup.<\/span>\n\nBy opting into messages, you agree to receive recurring automated marketing and informational text messages from Emertech Electrical for Emertech Electrical. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.<\/span>\n\nMessage frequency varies, and additional mobile messages may be sent periodically based on your interaction with Emertech Electrical. Emertech Electrical reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Emertech Electrical also reserves the right to change the short code or phone number where messages are sent.<\/span>\n\nMessage and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.<\/span>\n\nYour consent to receive marketing messages is not a condition of purchase.<\/span>\n

Carriers<\/span><\/h2>\nCarriers are not liable for delayed or undelivered messages.<\/span>\n

Cancellation<\/span><\/h2>\nYou can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Emertech Electrical again, just sign up as you did the first time and Emertech Electrical will start sending messages to you again.<\/span>\n

Info<\/span><\/h2>\nText “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at Administration@EmertechElectrical.com.<\/span>\n

Transfer of Number<\/span><\/h2>\nYou agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply \u201cSTOP\u201d from the original number or notify us of your old number at Administration@EmertechElectrical.com. The duty to inform us based on the above events is a condition of using this service to receive messages.<\/span>\n

Privacy<\/span><\/h2>\nIf you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].<\/span>\n

Messaging Terms Changes<\/span><\/h2>\nWe reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.<\/span>\n\n\u00a0Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov<\/span>\n

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General Terms & Conditions 1. PROPOSALS \u2013 Written proposals or quotations (collectively \u201cQuotations\u201d) are firm for thirty (30) days from date of issue, unless otherwise provided for in writing. Quotations are subject to re-negotiation if quantity, option, accessory or any other condition is changed from the original quotation. Unless otherwise indicated, Quotation prices do not […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"nf_dc_page":"","footnotes":""},"class_list":["post-55","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/pages\/55","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/comments?post=55"}],"version-history":[{"count":5,"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/pages\/55\/revisions"}],"predecessor-version":[{"id":1902,"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/pages\/55\/revisions\/1902"}],"wp:attachment":[{"href":"https:\/\/emertechelectrical.com\/stagingsite\/wp-json\/wp\/v2\/media?parent=55"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}