1. 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 After 30-days, the quoted pricing is no longer valid and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. 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. Rates and prices are predicated upon the prompt payment of invoices (in accordance with the payments that are outlined
above). Furthermore, iEG has not agreed to provide financing to customer for the work. Accordingly, unless otherwise
agreed to in writing, for amounts not paid within (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. For the sake of
clarity, in addition to late interest on the balance due, in the event of a default of this agreement by customer due to no or
late payment, 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 by iEG in collecting past-due amounts, including interest and
fees and costs.
4. The customer agrees that until the total completion of the project, customer will be responsible for protecting all work in
process, materials and tools on the site, and other equipment and appliances for the use or incidental thereto for the
performance of this Agreement, whether furnished by us, or Customer from the elements and from all other kinds of
damage which may be caused in any manner whatsoever other than caused by the negligence or our actions or any of
our representatives or workers used in the completion of this project. Except as noted herein, the customer shall be
entirely responsible for any loss or damage to said work, materials, tools, equipment, and other appliances in any manner
aforementioned.
5. Unless otherwise noted on the face of the Quote, each Quote is contingent upon iEG having not less than 10 business
days from the time the work is awarded until job commences in order to procure materials, align personnel and
appropriately plan the work.
6. Prices are based on job site conditions (at the customer’s facility) being in substantially the same condition as they were
at the time of inspection by our project manager or estimator. The term "substantially the same" will be determined based
on a reasonable assessment of the job site during the work period contemplated by this contract.
7. Work performed which is reasonably determined by iEG to be necessary to properly complete the work referenced in the
Quote based upon on-site conditions, but which is not specified clearly in the Quote, shall be regarded as additional to this
Quote and charged separately, over and above the quoted amount. Additional work provided for herein will be billed at
our standard time and material rates, unless quoted separately. iEG will identify additional work outside of the Quoted
work and will obtain the approval of the customer in writing prior to performing such additional work.
8. Unless otherwise specifically stated in the quote, the quoted price is based on work being performed during regular
business hours (Monday through Friday, 7:00 a.m. through 3:00 p.m. ET), in a continuous fashion without interruption.
We will not be held responsible for any disruptions caused beyond our reasonable control including labor action, civil
disobedience, weather or similar items which may prevent the efficient completion of the work quoted herein. Further, in
the event that the customer causes or requests delays to the performance of the work or otherwise causes disruptions to
the work schedule, the customer shall be responsible for all additional costs and fees incurred as a result of such a delay.
By way of example and not by exclusion, in the event that customer directs iEG to leave the site or suffers other
circumstances which interferes with iEG’s continuity of work and the planned schedule relating to the customer’s project,
iEG cannot ensure that its personnel will be available to immediately resume work once the circumstances are alleviated
and customer is again capable of permitting iEG to continue work. In addition, under the circumstances described in the
immediately preceding sentence, the amount quoted for labor and other costs may increase substantially as a result of
iEG having to depart the project site and then return, in some cases, with different personnel, based upon scheduling. In
all such cases, customer shall be deemed to have waived any delivery time requirements referenced in the Quote and
shall also be solely responsible for all additional costs, expenses and fees associated with the delay.
9. Prices are based on current steel, copper and other material prices. Due to recent fluctuations in these raw material
markets, material prices quoted may not be valid at the time of usage. Based on this, we reserve the right to adjust
pricing without additional markup only on those materials being affected.
10. By accepting this Quote, Customer acknowledges and accepts our legal rights in the jurisdiction in which services and/or
materials are provided which includes, without limitation, all protection afforded by the applicable lien legislation. Such
rights shall remain intact unless modified in writing by both parties.
11. Any site-specific training and orientation not included in this quote shall be regarded as additional to this quote and will be
billed at standard rates.
12. A minimum charge of 25% will be invoiced if PO or approved work is cancelled.
13. Any modifications that may be required to the equipment being supplied with power to meet machine safety requirements,
local codes or local specifications such as UL, CSA, OSHA, TSSA, etc. are the responsibility of others.
14. Except as otherwise set forth herein, the Agreement and the Quote shall not be modified except through a written
agreement signed by both parties.
15. iEG MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO ANY
EQUIPMENT INTALLED BY IT IN CONNECTION WITH THE QUOTE, WHETHER BASED ON BREACH OF
WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BUYER ASSUMES FULL RESPONSIBILITY THAT THE EQUIPMENT PURCHASED UNDER THE AGREEMENT
MEETS THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND SELLER MAKES NO REPRESENTATION
WITH RESPECT TO THEM.
16. IN NO EVENT WILL iEG BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE QUOTED WORK USE OF
DEFECTIVE EQUIPMENT INSTALLED BY iEG. FURTHER, iEG’S LIABILITY WILL BE STRICTLY LIMITED TO SUCH
AMOUNTS OF THE QUOTED WORK ACTUALLY PAID BY CUSTOMER.
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, directly or indirectly, for customers’ own account or for the account of any
third party, shall not, without the prior written consent of the Contractor,: (i) attempt to hire or entice away any employee of
the Contractor, induce any such employee to terminate employment with the Contractor, or solicit any such employee to
terminate or refrain from renewing or extending such employment or to become employed by or become a consultant to
any other individual or entity other than the Contractor; or (ii) solicit, divert, take away or interfere with any customer of the
Contractor, provide or solicit contracts to provide goods or services similar to or competitive with the Company's goods or
services to customers of the Contractor; or solicit, divert, urge or persuade any customers to terminate such customer’s
relationship with iEG, or to reduce such customer’s business with iEG.
2. Remedies. If customer breaches or violates or threatens to breach or violate the covenants set forth in this Subcontract,
iEG shall be entitled to all the following remedies:
a.) To recover any damages from customer.
b.) To obtain injunctive or other equitable relief out of the appropriate court of competent jurisdiction to restrain any
violation or breach or threatened violation or breach or otherwise to specifically enforce the provisions of this
Subcontract, it being agreed that money damages alone would be inadequate to compensate iEG and would be an
inadequate remedy for such breach.
c.) To recover from Customer any expenses, including attorneys’ fees, incurred in an action to enforce the terms of this
Subcontract.
The rights and remedies of iEG are cumulative and not alternative. If a bond is required to be posted in order for iEG
to secure an injunction or other equitable remedy, the parties agree that said bond need not be more than a nominal
sum.
3. Acknowledgments. Customer acknowledges and agrees that the restrictions contained in this Subcontract are reasonable
and necessary in order to protect iEG’s legitimate business interests; Customer agrees that Customer shall not raise any
issue of their reasonableness in any procedure, to enforce such covenants and agreements; and that iEG may be
irreparably injured by a violation or breach or any threat thereof;
4. Blue Penciling. In the event any court or other body having appropriate jurisdiction (including any panel of arbitrators)
shall determine that any term contained within this Subcontract is overbroad, then the area or time or other terms shall be
reduced appropriately as the court or other body may determine is necessary to make this Subcontract enforceable. The
parties acknowledge that the purpose of this Subcontract is to protect the goodwill and going concern value of iEG, and
the parties intend that this Subcontract shall be enforced to the maximum extent allowed by law.
5. Tolling. The Non-solicitation Period shall be extended by the number of days during which customer is in violation of this
Subcontract and by the number of days during which there is pending in any court of competent jurisdiction any action
brought by any person or entity, in which iEG seeks to enforce any provision of this Subcontract or any person or entity
contests the validity of any provision of this Subcontract or its enforceability or seeks to avoid its performance or
enforcement.