Terms & Conditions
PROPOSALS
Validity of Proposals
All written proposals or quotations (collectively, “Quotations”) provided by Ben Moore Electric Inc., doing business as Moore Electric, are valid for ninety (90) days from the date of issuance unless explicitly stated otherwise in writing. Any changes to the scope, specifications, options, or any other conditions will necessitate a renegotiation of the original Quotation. Quotation prices do not include taxes or other government charges unless otherwise indicated, all of which are the responsibility of the client.
Definition of Services
For the purposes of these Terms and Conditions, “Services” shall encompass all labor, services, and any associated activities as specified in the Quotation. The terms “Project” and “Price” shall bear the meanings ascribed to them in the Quotation.
Entire Agreement
The Quotation, together with these Terms and Conditions, constitutes the entire agreement between the parties regarding the Services and supersedes any prior oral or written agreements or communications.
PLAN APPROVAL
Approval Requirements
All items quoted are contingent upon approval in accordance with the provided plans and specifications. Any addenda are excluded unless otherwise specified. A single set of approved submittals must be sent to our office before any order will be released for commencement. For client agreements involving prototypical bid documents, one set of approval documents will be submitted for approval each calendar year.
ACCEPTANCE OF ORDER, TERMINATION
Order Acceptance
Acceptance of any order is subject to credit approval and acceptance by Ben Moore Electric Inc., and, where applicable, its suppliers. If the client’s credit becomes unsatisfactory, Ben Moore Electric Inc. reserves the right to terminate the agreement upon notice to the client, without any liability to Ben Moore Electric Inc.
SPECIAL ORDERS
Custom Services
Orders for custom, made-to-order Services cannot be canceled or returned. Ben Moore Electric Inc. may require full or partial payment upfront for such Services.
COMMENCEMENT AND COMPLETION OF WORK
Commencement of Work
Work will commence only after receiving the client’s written acceptance of the Quotation, approved submittals, and any required initial payments.
Completion Dates
Ben Moore Electric Inc. will make reasonable efforts to meet the agreed-upon completion dates for Services. However, Ben Moore Electric Inc. shall not be liable for delays caused by factors beyond its control, including but not limited to acts of God, supply chain disruptions, or unforeseen site conditions.
LIMITATION OF LIABILITY
Limitation
To the fullest extent permitted by law, Ben Moore Electric Inc. shall not be liable for any direct, indirect, incidental, or consequential damages arising from the provision of Services or use of the website.
PAYMENT TERMS
Payment Terms
Payment terms are net thirty (30) days from the date of invoice unless otherwise agreed in writing. Ben Moore Electric Inc. reserves the right to require cash payment in advance if the client’s financial responsibility is in doubt.
Interest on Late Payments
Interest may be charged on overdue amounts at the lesser of one and one-half percent (1.5%) per month or the maximum rate allowed by law.
TAXES
Responsibility for Taxes
Prices quoted do not include applicable sales or use taxes. Taxes imposed on the Services will be added to the purchase price, and the client agrees to reimburse Ben Moore Electric Inc. for any such taxes or provide a valid tax exemption certificate.
WARRANTIES
Warranty of Services
Ben Moore Electric Inc. warrants that all Services will be performed in a good and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEN MOORE ELECTRIC INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
INDEMNIFICATION
Indemnification by Client
The client shall indemnify, defend, and hold harmless Ben Moore Electric Inc. and its employees, agents, and representatives from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of the Services, provided that such claims, damages, losses, or expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property.
MODIFICATION OF TERMS AND CONDITIONS
Modifications
These Terms and Conditions may only be modified or amended in writing, signed by a duly authorized representative of Ben Moore Electric Inc. Any additional or different terms proposed by the client are deemed material alterations and are hereby rejected unless expressly agreed to in writing by Ben Moore Electric Inc.
GOVERNING LAW
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles.
DISPUTE RESOLUTION
Dispute Resolution
Any dispute arising out of or relating to these Terms and Conditions or the Services shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation before a mutually agreed mediator. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in California.
GENERAL PROVISIONS
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
The failure of Ben Moore Electric Inc. to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other provision.
Assignment
The client shall not assign its rights or delegate its duties under these Terms and Conditions without the prior written consent of Ben Moore Electric Inc.
Entire Agreement
These Terms and Conditions, together with the Quotation, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements, whether written or oral.
Terms of Use
Last Updated: [Date]
Acceptance of Terms
By accessing and using the website of Ben Moore Electric Inc., doing business as Moore Electric, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms, please do not use this website.
Services Provided
Ben Moore Electric Inc. provides residential and commercial electrical services, including but not limited to installation, repair, maintenance, and consultation.
Subcontracting
Ben Moore Electric Inc. reserves the right to subcontract services to certified electrical contractors as needed, ensuring compliance with all relevant laws and regulations.
Quotes and Communication
By requesting a quote through our website, you agree to receive communication via text, call, or email, even if you are on the DNC list. Ben Moore Electric Inc. will use this information solely for providing you with a quote and related services.
Limitation of Liability
To the fullest extent permitted by law, Ben Moore Electric Inc. shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of our services or website.
Privacy and CCPA Compliance
We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy for details on how we collect, use, and disclose information, including our compliance with the California Consumer Privacy Act (CCPA).
Governing Law
These Terms of Use are governed by the laws of the State of California, without regard to its conflict of laws principles.
Modifications
Ben Moore Electric Inc. reserves the right to modify these Terms of Use at any time. Changes will be posted on this page, and your continued use of the website signifies your acceptance of the revised terms.
Contact Information
For questions regarding these Terms of Use, please contact us at bmoore@moore-electric.com.