800-496-0012

Consolidated Terms and Conditions – iEG, LLC

TERMS OF SERVICE & QUOTES

  1. Quote Validity: The quoted price is valid for acceptance for the next 30 days. After 30 days, the quoted pricing is no longer valid and binding on iEG, LLC (“iEG”).
  2. Acceptance: Customer’s acceptance of the Quote shall constitute the contract for the performance of the described work, and these Terms and Conditions. Acceptance can be in the form of a counter-executed quote or by acceptance of performance by iEG. In any case, these Terms and Conditions shall apply.
  3. Payment & Late Fees: Rates and prices are predicated upon the prompt payment of invoices. iEG has not agreed to provide financing. For amounts not paid within thirty (30) days of the invoice date, the lesser of 2% per month (24% APR) or the maximum rate permissible by law, plus the cost of collection will be added to the unpaid balance. In the event of default due to no or late payment, the customer will pay all actual attorney fees incurred by iEG in obtaining payment and pursuing its remedies for breach, plus any and all court and other costs incurred.
  4. Site Protection: Until total completion of the project, the customer will be responsible for protecting all work in process, materials, tools on the site, and other equipment from the elements and from all damage not caused by the negligence of iEG or its representatives.
  5. Lead Time: Unless otherwise noted, each Quote is contingent upon iEG having not less than 10 business days from the time the work is awarded until the job commences to procure materials, align personnel, and plan the work.
  6. Site Conditions: Prices are based on job site conditions being in substantially the same condition as they were at the time of inspection by our project manager or estimator.
  7. Additional Work: Work reasonably determined by iEG to be necessary but not clearly specified in the Quote shall be regarded as additional and charged separately at standard time and material rates, unless quoted separately. iEG will obtain written approval prior to performing additional work.
  8. Business Hours & Delays: Prices are based on work being performed during regular business hours (Monday–Friday, 7:00 a.m.–3:00 p.m. ET), continuously without interruption. iEG is not responsible for disruptions beyond its control (labor action, weather, etc.). If the customer causes delays or disrupts the schedule, the customer shall be responsible for all additional costs and fees, and waives delivery time requirements.
  9. Material Price Fluctuations: Prices are based on current steel, copper, and other material prices. iEG reserves the right to adjust pricing without additional markup on materials affected by market fluctuations.
  10. Lien Rights: By accepting this Quote, Customer acknowledges and accepts iEG’s legal rights, including all protection afforded by applicable lien legislation.
  11. Training: Any site-specific training and orientation not included in the quote shall be billed at standard rates.
  12. Cancellation: A minimum charge of 25% will be invoiced if a PO or approved work is cancelled.
  13. Safety Modifications: Modifications required to equipment being supplied with power to meet machine safety requirements or local codes (UL, CSA, OSHA, TSSA, etc.) are the responsibility of others.
  14. Modifications to Agreement: The Agreement and Quote shall not be modified except through a written agreement signed by both parties.
  15. Disclaimer of Warranties: iEG MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO ANY EQUIPMENT INSTALLED BY IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER ASSUMES FULL RESPONSIBILITY THAT THE EQUIPMENT MEETS THEIR SPECIFICATIONS.
  16. Limitation of Liability: IN NO EVENT WILL iEG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. iEG’S LIABILITY WILL BE STRICTLY LIMITED TO AMOUNTS OF THE QUOTED WORK ACTUALLY PAID BY THE CUSTOMER.

PURCHASE ORDERS

  1. Definitions:

    1. “The Purchaser” means iEG, LLC.

    2. “Conditions” means these terms and conditions.

    3. “Issued Material” means any property issued to the Seller by the Purchaser.

    4. “Products” means the goods which are the subject of the Contract (including Software).

    5. “Purchase Order” means the standard form order together with the Conditions.

    6. “Seller” means the person/entity referred to on the Purchase Order.

    7. “Services” means work/services subject to the Contract.

    8. “Contract” means the agreement between the Seller and the Purchaser for the supply of Products/Services.

  2. Application: These Conditions apply to and are incorporated into the Contract, substituting any other terms, arrangements, or customs.

  3. Quality and Description: All Products and Services shall conform to the Contract, be of satisfactory quality, fit for intended use, free from defects, and comply with best industry standards. Testing/inspection does not waive these obligations.

  4. Statutory Obligations: The Seller shall comply with all relevant laws, statutes, rules, and regulations, and abide by safety instructions while on the Purchaser’s premises.

  5. Inspection and Rejection: The Seller warrants it has inspected the Products prior to delivery. If Products/Services do not comply, the Purchaser may reject them and require expeditious replacement/repair at the Seller’s risk and expense.

  6. Delivery and Risk: Time of delivery is of the essence. Risk passes on delivery and after inspection and acceptance. If the Seller fails to deliver, the Purchaser may cancel and hold the Seller liable for costs.

  7. Marked Products: Products marked with the Purchaser’s marks shall not be disposed of to third parties without consent.

  8. Title: The Seller warrants good title to the Products, which passes to the Purchaser on delivery.

  9. Prices: Prices are fixed and include delivery. VAT shall be added as prescribed by law.

  10. Payment: Terms of payment are 45 days from the date of invoice or delivery, whichever is later, unless otherwise stated.

  11. Software: If Products include Software, the Seller warrants good title to license it and permits the Purchaser to market and resell it. The Seller must supply updates and technical advice/source code for maintenance.

  12. Confidentiality: The Contract and Issued Material are confidential. The Seller shall not advertise or disclose the relationship without written consent.

  13. Equipment and Facilities: Issued Material remains the Purchaser’s property. The Seller must maintain it, insure it against all risks, and use it exclusively for Purchaser Contracts.

  14. Validation of Services/Goods: Variations must be confirmed in writing. The Seller must provide a statement of impact on time and charges within 14 days of a variation request.

  15. Warranty: The Seller warrants Products/Services against defects for 12 months from delivery or completion. Breach allows the Purchaser to terminate and claim damages.

  16. Indemnity: The Seller fully indemnifies the Purchaser against intellectual property infringements, failure to perform obligations, and death/injury/property damage caused by the Seller’s negligence.

  17. Force Majeure: Neither party shall be liable for delays caused by circumstances beyond reasonable control (acts of God, war, strikes, etc.).

  18. Licenses: The Contract is conditional upon any required government permits or licenses. The Seller warrants it holds necessary licenses.

  19. Termination: Either party may terminate immediately for uncured breaches (14 days), bankruptcy, liquidation, material financial changes, or ownership changes. The Purchaser may cancel at any time by paying for finished Products and a fair sum for work in progress.

  20. Code of Conduct: The Seller must comply with laws, avoid bribery and child labor, protect human rights and safety, and follow environmental laws.

  21. Reservation Clause: The Purchaser’s obligations are subject to not being prevented by foreign trade/customs requirements or embargos.

  22. Miscellaneous & Governing Law:

    1. Intellectual Property in work carried out under the Contract vests absolutely in the Purchaser.

    2. The Seller must not sub-contract or assign without written consent.

    3. Delayed enforcement does not waive rights.

    4. The Contract is the entire agreement and must be changed in writing.

    5. Governed by North Carolina law; parties submit to exclusive North Carolina jurisdiction.

NON-SOLICITATION

  1. Non-solicitation: Customer agrees that during the term of this Subcontract, and for a period of twenty-four (24) months thereafter (“Non-solicitation Period”), Customer shall not, without prior written consent: (i) attempt to hire, entice away, or induce termination of any employee of the Contractor; or (ii) solicit, divert, or interfere with any customer of the Contractor, or provide competitive goods/services to them.

  2. Remedies: If the customer breaches or threatens to breach, iEG shall be entitled to:

    1. Recover damages.

    2. Obtain injunctive or equitable relief (money damages being inadequate).

    3. Recover expenses, including attorneys’ fees.

  3. Acknowledgments: Customer acknowledges these restrictions are reasonable and necessary to protect iEG’s legitimate business interests.

  4. Blue Penciling: If a court finds any term overbroad, the scope/time shall be reduced appropriately to make it enforceable to the maximum extent allowed by law.

  5. Tolling: The Non-solicitation Period shall be extended by the number of days the customer is in violation, and during any pending legal action regarding the enforcement or validity of this provision.

MODIFICATION OF THESE TERMS

The Contractor / Purchaser reserves the right to change these terms and conditions, including the right to add new terms, without prior notice. You are responsible for regularly reviewing the terms, conditions, and notices. Your purchase, acceptance of a purchase order, or continued use constitutes your agreement to all such modified or additional terms, conditions, and notices.