TERMS AND CONDITIONS
1. General Terms. CSI shall provide to City/Customer services as set forth in the Work Schedule, subject to the terms of this Agreement.
2. Terms/Termination. This Agreement shall become effective when:
(a) It has been signed by a representative of CSI and
(b) Payment is made by City/Customer. This Agreement shall continue and renew for successive monthly periods unless terminated by either party. Either party may terminate this Agreement at any time by giving one (1) month prior written notice to the other party.
3. Payment. City/Customer shall pay CSI for the services set forth in the Work Schedule for the periods and prices specified in the Work Schedule (“service charges”). Service charges shall be paid by City/Customer in advance of each service period. City/Customer shall pay a late charge of one and one half percent (1 1/2%) per month or the maximum rate permitted by law on all overdue service charges.
4. Material Pricing. The Price listed in this Work Order is based on material costs effective on the date the Work Order is issued. If material costs (such as structural steel) increase by the time CSI purchases them, the Price will be adjusted accordingly, and the City/Customer must reimburse CSI for the increased amount. CSI will notify the City/Customer of any material cost increases at the time the order is placed.
5. General Application Requirements. Before work begins, you or your designated representative must confirm with CSI personnel that the pipeline’s operating pressure has been reduced to a safe working level (<90 psi). CSI is not responsible for any costs associated with repairing a pipe that breaks during the installation or operation of fittings or equipment (including tapping or deploying a line stop). Likewise, if a fitting leaks during or after these operations, CSI bears no liability for any repair costs.
Coupon retrieval is not guaranteed; if the coupon cannot be recovered or if the pilot bit breaks, the CSI is not responsible for any related retrieval costs. Pipe O.D., operating pressure, pipe material, product, and temperature must all be verified before scheduling work. Larger-diameter equipment may require lifting assistance. DR ratings must be provided for PVC and HDPE pipe.
Taps: For 1-inch taps on cast iron pipe 12 inches or larger, a tapping saddle must be supplied by others unless the Scope of Work states otherwise.
Line Stops: Maximum flow rates are 1 ft/sec for a single line stop and 2 ft/sec for double line stops. A complete shutdown is not guaranteed. If a line stop fails to deploy due to pipe imperfections, CSI is entitled to full payment for the attempt. CSI is not liable for delays caused by a line stop failing to achieve an adequate seal. CSI alone will determine whether a shutdown is sufficient for safe work. If a line stop becomes stuck due to flow or draw, CSI is not responsible for resulting damages. Any repairs required for damaged equipment will be billed to the City/Customer.
Insta Valves: CSI will not exceed the manufacturer’s stated performance guarantee. Insta Valves do not assure a complete (100%) shutdown.
6. Material Specifications. Unless otherwise stated, the Price includes standard fitting hardware. The materials quoted do not comply with Build America, Buy America, American Iron and Steel (AIS), or any similar requirements (“Special Order Items”) unless expressly noted. Special Order Items require an estimated shipping lead time of 3–4 weeks.
7. Cancellation Charges.
Line Stops or Valve Insertions:
- Cancellation 12–24 hours before the scheduled start: $1,000.00
- Cancellation on the scheduled day or on-site: $1,500.00
Taps:
- Cancellation 12–24 hours before the scheduled start: $250.00
- Cancellation on the scheduled day or on-site: $400.00
All Other Work:
- Cancellation 12–24 hours before the scheduled start: $400.00
- Cancellation on the scheduled day or on-site: $800.00
Travel time is not included in the cancellation fee, and if already incurred, will be billed accordingly.
8. City/Customer Obligations. For the period CSI provides services to City/Customer, City/Customer shall:
(a) Promptly inform CSI of any Work performed as set forth in the Work Schedule other than representatives of CSI following the CSI service.
(b) Promptly inform CSI of any operating problems or suspected operating problems.
9. Limited Warranty. The sole and exclusive warranty for the goods, products, and services provided by CSI under this Agreement is set forth below:
(a) Services. CSI warrants the services as set forth in the Work Schedule for a period of one (1) year from the date the service is rendered. City/Customer shall be obligated to promptly report any failure to conform to this warranty in writing to CSI within said period, whereupon CSI shall, at its option, correct such nonconformity by suitable repair or replacement of defective products or goods warranted by the manufacturer thereof. CSI shall not be liable for any repairs, replacements or adjustment or any cost of labor performed by the City/Customer of others without CSI’s prior written approval.
The effects of corrosion, erosion, and normal wear and tear are excluded from this limited warranty, and CSI does not warrant its services from defects, malfunctions, or other damage caused by the willful misconduct, negligence, or vandalism of others, or from any act of God, excessive operating condition or unauthorized attachments or modifications.
CSI make no other warranty or representation of any kind whatsoever, express or implied.
(b) Goods or Products. No warranty either express or implied is made by CSI regarding any good or product sold to City/Customer or used by CSI in the provision of services under this Agreement. All such goods or products shall carry whatever warranty the manufacturer has conveyed to CSI and which can be passed on to City/Customer. CSI makes no other representation, promise, statement or warranty, express or implied, except that of title, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
(c) Limited Remedy. Correction by CSI of nonconformities whether patent or latent in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of CSI for such nonconformities, whether based contract, warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of the provision of goods, products, or services under this Agreement.
10. Limitations of Liability. The remedies of the City/Customer set forth herein are exclusive, and the total liability of CSI with respect to this Agreement and the goods, products, and services furnished hereunder, in connection with the performance or breach thereof, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, shall not exceed the purchase price for the goods, products, or services provided by CSI for the fire hydrant upon which such liability is based.
CSI SHALL IN NO EVENT BE LIABLE TO CITY/CUSTOMER OR TO ANY SUCCESSORS OF INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR CONSEQUENTIAL, INCIDENTAL ,INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY REACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION WHETHER BASED UPON LOSS OF USE, INOPERABILITY, SERVICE INTERRUPTION, OR IMPAIRMENT OF OTHER REAL OR PERSONAL PROPERTY WHETHER OR NOT SUCH LOSS OF DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OT OTHERWISE. CSI shall not be liable for consequential, incidental, indirect, special or punitive damages even if the limited remedy afforded under this Agreement fails of its essential purpose; the express intent of the parties being that the risk of all such loss or damage shall be borne by City/Customer and City/Customer’s insurer.
11. Indemnification of CSI. City/Customer agrees to defend, indemnity, and hold CSI harmless from and against all claims, demands, suits, losses, costs, or expenses including reasonable attorney fees on account of personal injury or property damage incurred in connection with or arising out the provision of goods, products, or services by CSI under this Agreement; the express intent of the parties being that all liability for any failure, including a failure caused by the sole negligence of CSI, shall be the sole responsibility of City/Customer and City/Customer’s insurer.
12. Governing Law. The rights and obligations of the parties shall be governed by the laws of the State of Michigan.
13. Execution. This Agreement and all attachments hereto constitute the entire agreement of the parties hereto. This Agreement, when approved, shall supersede all previous offers, acceptances, confirmations, representations, communications, agreements or purchase orders, whether written or oral. This Agreement may not be modified, changed, altered, amended or enlarged in any way except in writing signed by an authorized officer of CSI. The parties expressly agree that no oral modification of this Agreement will be effective, notwithstanding any provision of the governing law that may allow for oral modification.