The contract documents consist of the approved proposal and all applicable general provisions, special provisions, specifications, drawings, addenda, approved change orders, written interpretations, and written directives for minor changes in the work.
Powerfull Systems, Inc. (“PSI”) will provide the products, services, labor, programming, installation, and other work specifically identified within the approved proposal and associated contract documents. Any work, equipment, materials, or services not specifically identified as included in the proposal are excluded unless added through an approved written change order.
Related work or materials required to support PSI’s scope—including, but not limited to, electrical work, drywall, painting, cabinetry, framing, blocking, structural modifications, trenching, conduit, pathways, or other work performed by outside trades—are not included unless specifically documented within the proposal.
Where coordination with the Owner, General Contractor, Electrical Contractor, architect, designer, or other trades is required, PSI will provide reasonable coordination related to its contracted scope. Such coordination does not constitute responsibility for work assigned to or performed by others.
Any additional work requested or determined to be necessary beyond the approved scope will be addressed in accordance with the applicable Change Orders & Additional Work and Time & Material (T&M) Work provisions.
All pricing provided by Powerfull Systems, Inc. (“PSI”) is guaranteed for 30 days from the date the proposal is issued, unless otherwise stated in writing.
After the 30-day validity period, pricing is subject to review and the proposal may require a re-quote prior to approval. If material, equipment, manufacturer, labor, tariff, shipping, or other applicable costs have changed, PSI reserves the right to issue revised pricing reflecting the current costs.
Approval of a proposal after the 30-day validity period does not guarantee the original pricing. Any required pricing adjustments will be communicated to the client for review and approval before the applicable materials or services are ordered or performed.
This proposal reflects material, equipment, manufacturer, labor, and related costs available at the time the proposal is prepared. Due to market volatility, manufacturer price adjustments, supply-chain conditions, or other factors beyond the control of Powerfull Systems, Inc. (“PSI”), these costs may change after the proposal has been approved.
If material or equipment costs increase after contract execution and before the applicable items are purchased or released for production, the additional costs will be communicated to the client through a written change order. The revised pricing will identify the affected materials or equipment and the associated cost adjustment.
Any required price adjustment will be submitted to the client for review and approval before the affected materials or equipment are ordered or released for production.
All products, materials, equipment, and services provided by Powerfull Systems, Inc. (“PSI”) are subject to applicable tariffs, duties, manufacturer surcharges, governmental fees, and other cost adjustments in effect at the time materials or services are purchased or provided.
Tariffs and surcharges may fluctuate due to manufacturer pricing policies, changes in local, state, or federal laws and regulations, import duties, market conditions, or other factors beyond PSI’s control.
If applicable tariffs or surcharges are not included in the original proposal or change after the proposal is approved, PSI reserves the right to pass through the applicable adjustment. Any such charges will be communicated to the client and may be billed separately or addressed through a written change order.
Product availability is subject to manufacturer inventory, production schedules, supply-chain conditions, and product lifecycle changes beyond the control of Powerfull Systems, Inc. (“PSI”).
If specified equipment or materials become unavailable, discontinued, substantially delayed, or otherwise impractical to procure, PSI may recommend an alternate product of comparable or greater functionality and quality.
Any substitution that materially changes the approved scope, functionality, appearance, or cost will be communicated to the client for review and approval prior to ordering or installation.
Changes in cost resulting from approved substitutions may require a written change order.
All material, equipment, fabrication, manufacturing, and delivery lead times provided by Powerfull Systems, Inc. (“PSI”) are estimates based on information available at the time of proposal or order.
Actual lead times are subject to manufacturer production schedules, product availability, shipping conditions, custom fabrication requirements, approvals, and other circumstances outside PSI’s control.
Lead times will be confirmed when possible after the applicable order is released. PSI cannot guarantee manufacturer or carrier delivery dates and is not responsible for delays caused by manufacturers, suppliers, shipping carriers, or other circumstances beyond PSI’s reasonable control.
Project-specific estimated lead times, when applicable, will be identified within the proposal or communicated during the project.
Powerfull Systems, Inc. (“PSI”) will make reasonable efforts to perform its work in accordance with the established project schedule.
If PSI’s work is delayed by client changes, change orders, incomplete preceding work, unavailable job-site access, scheduling conflicts caused by other trades, material shortages, manufacturer delays, labor disputes, weather, acts of God, or other circumstances beyond PSI’s reasonable control, the project schedule will be adjusted accordingly.
PSI will not be responsible for delays caused by circumstances outside its contracted scope or reasonable control. Additional mobilization, standby time, return trips, expedited work, or other costs resulting from such delays may be subject to additional charges.
The project site must be reasonably accessible, safe, and ready for Powerfull Systems, Inc. (“PSI”) to perform the scheduled work.
Required preceding work by other trades must be sufficiently complete before PSI mobilizes for the applicable phase of installation. Necessary pathways, power, framing, backing, blocking, equipment locations, access points, and other supporting conditions must be available as required for PSI’s contracted scope.
If the site is not ready at the scheduled time, PSI may reschedule the work. Additional trips, mobilization, standby time, labor, storage, or other costs resulting from incomplete or inaccessible site conditions may be billed as additional work.
The client and/or General Contractor is responsible for providing safe and reasonable access to all areas required for Powerfull Systems, Inc. (“PSI”) to perform its work unless access equipment is specifically included within PSI’s proposal.
Special access requirements, including lifts, scaffolding, staging, temporary platforms, or other equipment necessary to reach elevated or restricted locations, may result in additional charges when not specifically included in the contracted scope.
Project-specific access requirements may also be identified within the applicable Lighting Control, Window Covering, AV & Automation, or project-specific notes and exclusions.
Unless specifically included in the approved proposal, work performed by other trades is excluded from Powerfull Systems, Inc.’s (“PSI”) scope.
This may include, but is not limited to, line-voltage electrical work, branch circuits, receptacles, framing, blocking, backing, structural modifications, drywall, painting, finish carpentry, cabinetry, HVAC, ventilation, trenching, excavation, concrete work, firestopping, waterproofing, patching, restoration, and other construction-related work.
PSI may provide information and reasonable coordination necessary for other trades to support PSI’s systems; however, PSI is not responsible for the quality, completion, scheduling, code compliance, or performance of work performed by others.
Specific trade responsibilities may be further defined within the applicable proposal, drawings, specifications, or system-specific notes and exclusions.
Powerfull Systems, Inc. (“PSI”) is not responsible for existing or concealed conditions that could not reasonably be identified prior to commencement of work.
Such conditions may include concealed utilities, undocumented wiring, inaccessible pathways, structural conditions, damaged or noncompliant existing equipment, obstructions, hazardous conditions, or other unforeseen circumstances encountered during installation.
If an unforeseen condition affects the approved scope, PSI will notify the appropriate project representative. Additional investigation, materials, labor, redesign, repair, or other work required as a result may be addressed through a change order or Time & Material (T&M) work.
Any addition, deletion, revision, or modification to the approved scope of work may require a written change order.
Powerfull Systems, Inc. (“PSI”) will identify applicable changes in material, equipment, labor, engineering, programming, project management, scheduling, or other costs associated with the requested or required change.
Change orders must be approved by an authorized project representative prior to PSI proceeding with the additional work, unless the work has been authorized to proceed on a Time & Material (T&M) basis.
Approved change orders become part of the contract documents and may affect the project schedule and payment requirements.
Work requested or required outside the approved scope may be performed on a Time & Material (“T&M”) basis when appropriate and authorized.
T&M charges may include labor, travel, materials, equipment, programming, engineering, project management, troubleshooting, mobilization, and other costs reasonably required to perform the requested work.
T&M labor will be billed at Powerfull Systems, Inc.’s (“PSI”) applicable rates in effect at the time the work is performed, unless otherwise agreed to in writing.
Materials, equipment, and other associated costs will be billed as applicable.
Powerfull Systems, Inc. (“PSI”) may provide design and engineering services as identified within the approved proposal.
These services may include system design, equipment selection, specifications, system layouts, wiring requirements, product submittals, coordination drawings, documentation, and other engineering activities necessary to support the contracted systems.
Design and engineering services are limited to PSI’s contracted scope and do not replace architectural, structural, electrical engineering, mechanical engineering, or other professional services unless specifically identified in writing.
Revisions resulting from client-requested changes, architectural changes, changes by other trades, or changes to previously approved designs may require additional design and engineering fees.
Project management services provide professional oversight and coordination of Powerfull Systems, Inc.’s (“PSI”) contracted scope throughout applicable phases of the project.
Services may include planning, scheduling, coordination with the client and project team, measurements, documentation, change management, procurement coordination, site meetings, quality assurance, and monitoring of PSI’s work through completion.
PSI will coordinate with the Owner, General Contractor, architect, designer, Electrical Contractor, and other trades as reasonably required for its contracted systems. Such coordination does not transfer responsibility for another party’s scope of work to PSI.
Shipping and handling charges may include manufacturer freight, carrier charges, receiving, inspection, processing, staging, storage, handling, and transportation of materials and equipment between Powerfull Systems, Inc.’s (“PSI”) facility and the project site.
Shipping costs are based on information available at the time of proposal and may be adjusted if carrier rates, manufacturer freight charges, delivery requirements, expedited shipping, special handling, or project conditions change.
Additional storage or repeated handling required due to project delays or site conditions may result in additional charges.
Projects may require incidental materials and general parts that are necessary to provide a complete, properly installed, and interconnected system.
These items may include connectors, fasteners, mounting hardware, termination materials, wire-management products, protective materials, adapters, consumables, and other miscellaneous installation components.
Where included as an allowance or project-associated cost, the fee represents the anticipated materials necessary to support the contracted installation.
Payment requirements will follow the payment schedule identified within the approved proposal, contract, or applicable Schedule of Values.
Equipment and materials may be required to be paid for prior to ordering, release, delivery, or installation. Final payment is due in accordance with the applicable contract documents following completion of the contracted work.
Change orders, additional work, and T&M services may have separate payment requirements and do not automatically modify the payment schedule of the original contract.
Powerfull Systems, Inc. (“PSI”) warrants its workmanship for one year from the date of initial completion, unless otherwise stated in the applicable contract documents.
Clients must report suspected workmanship defects to PSI within the applicable warranty period. Approved defects determined to result from PSI workmanship will be repaired or corrected in accordance with the applicable warranty terms.
The workmanship warranty does not cover damage, alterations, improper use, work performed by others, environmental conditions, normal wear and tear, or failures resulting from products or conditions outside PSI’s control.
Products and materials supplied by Powerfull Systems, Inc. (“PSI”) are subject to the applicable manufacturer’s warranty terms, conditions, limitations, and warranty periods.
Manufacturer warranties are provided by the applicable manufacturer and may vary by product.
Unless specifically included under PSI’s workmanship warranty or otherwise stated in writing, labor associated with diagnosing, removing, shipping, reinstalling, programming, or replacing manufacturer-warrantied products may be billable at PSI’s applicable service rates.
Powerfull Systems, Inc. (“PSI”) provides ongoing service and support for installed systems following project completion.
Service requests determined to relate to a covered PSI workmanship issue will be handled in accordance with the applicable workmanship warranty.
Service involving system adjustments, client-requested changes, third-party equipment, network or internet conditions, manufacturer failures, damage, maintenance, user-generated issues, or work outside the original contracted scope may be billable at PSI’s applicable service rates.
Equipment or materials furnished by the Owner, client, designer, contractor, or another third party are not considered Powerfull Systems, Inc. (“PSI”) furnished products.
PSI is not responsible for the condition, completeness, compatibility, performance, availability, warranty, or suitability of owner-furnished or client-supplied items unless specifically agreed to in writing.
Additional labor, materials, engineering, programming, modification, troubleshooting, or coordination required to incorporate client-supplied items may result in additional charges.
System-specific requirements for Client’s Own Material (“COM”), owner-furnished displays, fixtures, or other products may be identified within the applicable system notes and exclusions.
Certain systems provided or integrated by Powerfull Systems, Inc. (“PSI”) may rely upon third-party products, applications, cloud services, internet services, monitoring services, subscriptions, licenses, or customer accounts.
Unless specifically included in the approved proposal, recurring subscription fees, service-provider charges, account creation, internet service, streaming services, cloud storage, monitoring services, and other third-party costs are the responsibility of the client.
PSI is not responsible for changes to third-party services, pricing, functionality, availability, terms of service, or compatibility that occur after installation.
Permits, plan-check fees, inspections, engineering stamps, governmental fees, and other jurisdictional requirements are excluded unless specifically identified as included within the approved proposal.
Where PSI’s contracted work requires permits or inspections that are specifically included in its scope, PSI will coordinate those requirements as applicable.
Requirements imposed by an Authority Having Jurisdiction (“AHJ”) after proposal or permit review that result in additional equipment, materials, labor, engineering, documentation, or modifications may require additional charges or a change order.
Powerfull Systems, Inc. (“PSI”) will maintain applicable insurance coverage as required for its contracted operations and in accordance with applicable laws and contractual requirements.
Requests for project-specific insurance documentation, certificates, endorsements, or additional insured requirements should be communicated to PSI prior to commencement of work. Any extraordinary insurance requirements resulting in additional costs may be subject to review and additional charges.
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