Terms & Conditions
Conditions
1.1 These conditions override all previous agreements, excluding any terms on the Buyer’s order unless agreed upon in writing by the Seller.
1.2 Definitions
(a) “Buyer” refers to the party purchasing the Work.
(b) “Seller” refers to Missouri Estimating.
(c) “Work” includes all services such as estimation and consultation.
(d) “Preliminary Work” refers to preparatory work, including third-party services.
(e) “Electronic File” means digitized materials.
(f) “Intellectual Property” includes all copyrights, trademarks, patents, and inventions.
1.3 Ordering Work from the Seller signifies acceptance of these Conditions.
Delivery
2.1 The Seller is not liable for delays. The Buyer must accept and pay for the Work regardless of delay.
2.2 Unless stated otherwise, Work will be delivered electronically. The Buyer is responsible for storing and distributing it.
2.3 The Seller may deliver Work in installments, and non-payment may lead to suspension or contract termination.
Payment
3.1 Quotations may be adjusted based on new information.
3.2 Taxes are the Buyer’s responsibility.
3.3 Preliminary Work is chargeable, regardless of the Buyer’s decision to proceed.
3.4 Additional costs may arise due to errors in materials or delays caused by the Buyer.
3.5 Payment is due before Work commences unless credit terms are agreed upon.
Credit Facilities
4.1 Payments are due within 30 days unless otherwise agreed. Late payments will accrue interest and collection costs.
4.2 Credit facilities are granted at the Seller’s discretion and can be revoked at any time.
Materials Supplied by the Buyer
5.1 The Buyer must retain copies and is responsible for the accuracy of the files submitted. The Seller is not liable for incorrect input.
5.2 The Seller may refuse unsuitable materials. Additional costs due to unsuitability will be charged.
5.3 The Buyer’s materials are at their risk, and storage fees may apply. The Buyer must confirm they have the rights to use all provided materials.
5.4 Risk passes to the Buyer upon delivery. The Seller will store materials for a limited time before disposal.
Materials & Equipment Supplied by the Seller
6.1 Seller’s materials remain their property.
6.2 On completion, only printed stationery is delivered; all other materials may be destroyed.
6.3 The Seller has no obligation to provide data from its equipment.
Proofs & Variations
7.1 The Buyer must review and approve all information before production. The Seller is not liable for uncorrected errors.
7.2 Variations and additional copies requested by the Buyer will incur extra charges.
7.3 The Buyer is responsible for reviewing the completed Work.
7.4 All warranties regarding quality and fitness for purpose are excluded.
Insurance
The Buyer must insure against risks, as specified in the Conditions.
Acceptance of the Work
The Work is deemed accepted upon delivery. The Buyer must inspect it within 12 hours of delivery and report defects within 12 hours.
Exclusion and Limitation of Liability
10.1 The Seller is not liable for consequential losses, including loss of profit.
10.2 The Seller’s liability is limited to the Work price.
10.3 If the Buyer accepts defective Work, they waive all rights to claims unless the Seller is notified beforehand.
10.5 The Buyer must inspect Work before forwarding it to third parties, releasing the Seller from further liability.
10.6 The Seller may reject third-party processed Work.
Cancellation
11.1 Orders can only be canceled before Work starts. The Buyer must cover the Seller’s costs and estimated lost profit.
11.2 A reasonable administration charge applies upon cancellation.
Reservation of Title
12.1 The Seller retains ownership of Work until fully paid.
12.2 The Buyer must return or allow the Seller to reclaim Work upon request.
Illegal Issues
13.1 The Seller can refuse Work that is unlawful or infringes third-party rights.
13.2 The Buyer indemnifies the Seller against all claims arising from unlawful or infringing materials.
Rights of Third Parties
This contract is governed by U.S. law, with disputes subject to U.S. courts.
Jurisdiction
In case of a data breach, we will notify you within 7 business days.
Estimating Services
17.1 The Buyer must provide clear specifications and respond promptly to queries.
17.2 Intellectual Property generated by the Seller belongs to the Buyer, but the Seller retains the right to use it for marketing.
17.3 The Seller is not liable for unspecified requirements in the work.
Data Protection
18.1 The Buyer ensures they have the right to provide personal data to the Seller and indemnifies the Seller against any claims related to data protection.
18.2 The Seller removes personal data after contract completion.
