TERMS & CONDITIONS
Welcome to the DCMI Mid-Atlantic Inc. ("Consultant") website owned and operated by Consultant. This agreement contains the terms, covenants, conditions and provisions ("Terms and Conditions") upon which you (the "Client") may access.
By using this site and agreeing hereto Client agrees to the Terms and Conditions as described as follows:
TERMS OF ACCEPTANCE
This Authorization to Proceed becomes a contract when it either is (1) accepted by Client, or (2) a signed acknowledgement is received by DCMI, or (3) Work commences, as provided in the Scope of Work. DCMI thereby agrees to provide services as described in the Scope of Work on the front of or attached to this Authorization to Proceed. Client shall grant or cause to be made available to DCMI, reasonable and necessary nonexclusive access to the site(s) as necessary to allow DCMI to perform the services under the Authorization to Proceed. DCMI shall not be liable for: (i) concealed conditions encountered in the performance of the services; (ii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the Scope of Work; or (iii) unknown physical conditions below the surface of the ground that differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided under this Authorization to Proceed.
DCMI represents that it is knowledgeable and experienced in providing technical and consulting services comparable to the services provided by firms in good standing under similar circumstances. DCMI represents to Client that the services shall be performed in a manner consistent with the standard of care and skill ordinarily exercised by construction consultants in the assemblage of data and information and in the preparation of reports. No other guarantee or warranty, express or implied, is intended by this Authorization to Proceed.
COMPENSATION, COMPLETION AND LIMITATION OF LIABILITY
Consultant’s fee for service performance related to the subject project is listed on Authorization To Proceed + Service Agreement and will be invoiced and due upon remittance of the written report. In the event Consultant is authorized to proceed and Client notifies Consultant to stop work at any time, Client is responsible for all cost incurred by Consultant which will be invoiced to Client. In the event Consultant is authorized to proceed and Client fails to provide required documentation, Client is responsible for up to 75% of cost incurred by Consultant which will be invoiced to Client. Consultant reserves the right to adjust contracted rate in the event of a significant increase in fuel rates; more than $0.50/gallon than published rate at the time of engagement. Consultant reserves the right to apply a surcharge beyond fuel for manual input of the inspection request.
Consultant’s turnaround is subject to submittal of all required documentation. The project will not advance in our production schedule until all required documentation is provided. The site inspection will not be scheduled until all required information is provided to facilitate the site visit. Client is responsible for providing accurate contact information for Property Owner and aiding Consultant in property inspection coordination.
If Consultant cannot gain access to the property or the contact does not show up to provide access after Consultant has arranged for access, then the inspection may be subject to an additional fee for no-access; not to exceed $150.00. For rush requests, Consultant may charge up to half of the inspection fee to expedite. Rush engineering request fees will be managed case by case.
Revisions submitted after the initial inspection request may result in additional fees. Revisions include but are not limited to - revised draw request or change order submittal that were not verified in the field during the site visit based on initial site visit. Revisions to the inspection request submitted after the site visit that were not verified during the initial site visit will be billed at a rate of $100.00.
If client requests a modification to the inspection report based on the provision of additional information submitted after the report has been prepared and remitted to the client will result in a Report Modification Fee - up to $150.00. Additional information – includes but is not limited to, change order submittal, additional scope added to the report, change in draw schedule, change in loan information, reconciliation of loan to construction.
Payment is DUE UPON RECEIPT and is not subject to any financial transactions related to the project. Invoices more than 30 days past due will begin accruing a late fee of 1.5% per month (18% per annum). Client is responsible for payment as this agreement is with the Client. In the event payment is delayed for more than 30 days from date of invoice, we will preserve all rights available to ensure payment is received in a timely manner to include notifying the title company of our work on the project which will initiate the requirement of lien waiver submittal with each title endorsement. In the event payment is delayed for more than 45 days from date of invoice we will file a Mechanic’s Lien or Warrant in Debt as applicable for the state in which we are performing the inspection.
In the event that Consultant shall be delayed or hindered or prevented from the performance of any service required hereunder by reason of pandemics, riots, governmental shutdowns, strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, insurrection, war or other reason of a like nature not the fault of the Consultant delayed in performing services required under the terms of this Contract, then the performance of such act shall be excused for the period of the delay and the period for the performance of any such service shall be extended for a period equivalent to the period of such delay; provided, however, that in no event shall the Client be excused from the payment of services rendered under this Contract.
It is agreed and understood that Valerie Riccardi and employees of DCMI Mid-Atlantic Inc. will conduct the site inspection, analysis and preparation of reports with respect to this project.
USE OF DOCUMENTS
This report is for the use and benefit of, and may be relied upon by the Client, its affiliates, counsel and consultants. Additional third-party reliance on this report is not authorized without the expressed written consent of Consultant and Client. Any third party agrees by accepting this report that any use or reliance on this report shall be limited by the exceptions and limitations in this report, and with the acknowledgement that actual site conditions may change with time and that hidden conditions may exist at the project site that were not discovered within the authorized scope of the assessment. Client is not authorized to share our reports with any party without the expressed written consent of Consultant. This especially applies to our competitors.
DCMI makes no other representation to any third party except that it has used the degree of care and skill ordinarily exercised by construction consultants in the preparation of the report and in the assembling of data and information related thereto. Our professional services have been performed, our findings obtained, and our summation prepared in accordance with customary principles and practices. This warranty is in lieu of all other warranties either expressed or implied.
In the event DCMI is required to produce documents as a part of a lawsuit related to the project, DCMI will seek reimbursement from Client for any fees and document production expenditures. Payment for such expenses is due upon receipt.
Client authorizes DCMI to use photographic images of the project for marketing purposes. DCMI will maintain the confidentiality of the project's numerical address and the Client.
Any notice, demand, or communication that either party is required to give to the other party in connection with this Agreement shall be in writing and may be transmitted through electronic mail, served personally or sent by prepaid US mail or overnight courier service.