Full Terms & Conditions:
To initiate this project, Metropolis requires an authorized purchase order for the Total Estimate of Fees and Expenses and payment for 50% of the first phase of the project. The remainder of the project will be billed in 50% increments as each phase is started and finished.
By signing below, client authorizes Metropolis to begin above scope of work and agrees to all terms stated herein. This quote is provided as an estimate based on the information available to Metropolis at the time of quoting. If additional work is deemed necessary before or after commencement of project, Metropolis will provide client with a Change Request Form, which will identify any changes that may affect price and/or delivery. The Change Request Form must be signed before work on the project resumes.
Metropolis shall perform the services outlined in the enclosed proposal with the professional skill and care required for completion of the work. By accepting the proposal the client agrees to pay for the services rendered by Metropolis and to perform in accordance with the payment terms outlined above and to the following terms and conditions:
INVOICES: Invoices for the services described herein shall be submitted for payment according to the terms listed above. All invoices are due and payable within a maximum of thirty (30) days from receipt ("Net30"). Interest will be charged on any unpaid balances over thirty days, calculated daily at an annual percentage rate of eighteen percent (18%). If collection is required, the client will be responsible for all costs of collection and a reasonable attorney fee. At the option of Metropolis, no additional work will be required to be performed if this account becomes delinquent. Metropolis will not be liable for any damages or claims as a result of the failure of the client to pay invoices on time or stoppage of work.
CHANGES: Changes in scope will affect fees, expenses and schedule. Should such a change occur or be requested by the client Metropolis will notify the client in advance for authorization.
INFORMATION: The Client agrees to provide full information to Metropolis as it relates to the scope of the work defined herein without limitation. The clients' objectives, schedules, constraints, criteria, equipment, systems, and any other relevant data shall be made available as required.
INDEMNIFICATION: The services provided by Metropolis are purely prototyping and model making, not engineering services. The client shall conduct all testing and be solely responsible for all regulatory compliance and adequacy and for the safety and proper functioning of the designs, prototypes, models, tooling, etc. Metropolis makes no warranty or representations what so ever, expressed or implied as to the merchantability, fitness, safety or functionality of its services, prototypes, models, tooling, etc. The Client shall defend, indemnify and hold Metropolis and its employees harmless from any and all claims, demands, damages, liabilities, attorneys fees and costs, in law or in equity, of every kind and nature arising out of this agreement, or any services provided by Metropolis under this agreement, save and except claims arising out of Metropolis' sole negligent or willful misconduct. This provision shall serve as a written agreement for indemnity, specifically including any claims by the clients' employees.
No claims shall be made against Metropolis for any damages in excess of fees paid to Metropolis under this agreement, or for any services provided by Metropolis under this agreement or related work not covered by this agreement, that the client or any of its subcontractors may have suffered allegedly by the error or omission or other deficiency in the services provided by Metropolis. If any claims do arise out of this agreement, the prevailing party shall be entitled to recover their actual attorney's fees and costs.
TERMINATION: In the event of termination not the fault of Metropolis, Metropolis will be compensated for services performed prior to termination and all expenses directly attributable to termination.
OWNERSHIP: All final designs, mock ups and drawings shall become and remain the property of the Client, when all payments due to Metropolis are received. RTV tooling will be kept at Metropolis' shops as they contain proprietary and confidential manufacturing techniques. We will store at no charge all tooling for the job for a period of six months from it's last use. After six months the tooling may be discarded or recycled. Please notify us if you want the tooling stored beyond that time. Initial _________
USE RIGHTS: Metropolis shall have the right to include representations of the services performed for the client, including, without limitation, photographs and images, among Metropolis' promotional and advertising materials. Such promotional and advertising materials shall not include the clients confidential or proprietary information if the client has previously advised Metropolis in writing of the specific information considered to be confidential or proprietary.
CLIENT APPROVAL: This proposal, signed and dated serves as a contract. No work will be performed without an authorized client signature returned to our office. All persons signing this contract sign it with the express authority of the client and with the express intent to bind the client to the terms herein and client agrees to be bound to the terms.
Authorized by: _____________________________________________________
Date: ______________________________________________________________
Print name _________________________________________________________
Purchase Order Number ______________________________________________
