Terms and Conditions
Acoustics By Design, Inc. Terms and Conditions PDF.
Our current rates effective January 1, 2014, are:
Personnel: Hourly Rates
Principal Consultants: $190/hr
Department Managers: $175/hr
Senior Engineers: $175/hr
Senior Consultants: $170/hr
Junior Consultants: $130/hr
Architectural Production: $100/hr
Support Personnel: $60/hr
Terms and Conditions
- Services not set forth in the Scope of Services are specifically excluded from the scope of the Consultant’s services, including but not limited to multiple bid packages, integrated project delivery, additional project phases, project management, value engineering, and redesigns. The Consultant assumes no responsibility to perform any services not specifically listed in the Scope of Services.
- Offers are valid for 60 days from the date of proposal issue.
- Fees are invoiced monthly based on the hours accrued (for hourly projects) or with the amount based on the percentage of Acoustics By Design’s Scope-of-Work which has been completed (for fixed fee projects).
- Accounts are payable upon receipt of invoice. Interest of 1.5% per month will be charged on accounts overdue 30 days or more. Accounts overdue 120 days or more may be sold to a collection agency.
- Where Acoustics By Design, Inc. is retained as a sub-consultant by a prime consultant (i.e., where the prime consultant signs the acceptance copy of the Acoustics By Design’s proposal) the prime consultant accepts full responsibility for timely payment of Acoustics By Design’s invoices.
- Where a fee retainer has been requested, that retainer shall be received before any work is undertaken on the project. The retainer will be applied to the final invoice for the project.
- Any project extensions which result in the date of project phase completions being later than the dates established in the Proposal may necessitate a negotiated increase in the consulting fee.
- When entry to property is required for Acoustics By Design, Inc. to perform its services, the Client agrees to obtain legal right-of-entry on the property.
- All reports, notes, drawings, specifications, data, calculations, and other documents, including those in electronic form, prepared by Acoustics By Design, Inc. are instruments of Acoustics By Design, Inc.’s service that shall remain Acoustics By Design, Inc.’s property. The Client agrees not to use Acoustics By Design, Inc.-generated documents for marketing purposes, for projects other than the project for which the documents were prepared by Acoustics By Design, Inc., or for future modifications to this project, without Acoustics By Design, Inc.’s express written permission.
- Any reuse or distribution to third parties without such express written permission or project-specific adaptation by Acoustics By Design, Inc. will be at the Client’s sole risk and without liability to Acoustics By Design, Inc. or its employees, subsidiaries, independent professional associates, sub-consultants, and subcontractors. Client shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless Acoustics By Design, Inc. from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution.
- The scope of Acoustics By Design, Inc.’s services for this Agreement does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations.
- If Acoustics By Design, Inc. performs any services during the construction phase of the project, Acoustics By Design, Inc. shall not supervise, direct, or have control over Contractor’s work. Acoustics By Design, Inc. shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of the Contractor. Acoustics By Design, Inc. does not guarantee the performance of the construction contract by the Contractor and does not assume responsibility for the Contractor’s failure to furnish and perform its work in accordance with the Contract Documents.
- It is understood and agreed that if you do not accept an available Construction Administration phase of the Scope of Services, that you are therefore declining the portion of the Scope of Services under this Agreement regarding construction site visits, project observation or review of the construction performance, or any other construction phase services, and that such services will be provided for by you. You assume all responsibility for interpretation of our reports and construction documents, and for construction observation, and the you waive any claims against Acoustics By Design that may be in any way connected thereto. In addition, you agree, to the fullest extent permitted by law, to indemnify and hold harmless Acoustics By Design, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the reports and construction documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of the Consultant.
- Acoustics By Design, Inc. and its employees, subsidiaries, independent professional associates, sub-consultants, and subcontractors will exercise that degree of care and skill ordinarily practiced under similar circumstances by design professionals providing similar services. Client agrees that services provided will be rendered without any warranty, express or implied.
Acoustics By Design, Inc. shall exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws, rules, ordinances, and such other requirements in effect as of the date of execution of this Agreement.
- When required as part of its work, Acoustics By Design, Inc. will furnish opinions of probable cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions, and utilitarian considerations of operations and maintenance costs prepared by Acoustics By Design, Inc. hereunder will be made on the basis of Acoustics By Design, Inc.’s experience and qualifications and will represent Acoustics By Design, Inc.’s judgment as an experienced and qualified design professional. However, users of the probable cost opinions must recognize that Acoustics By Design, Inc. does not have control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors’ methods of determining prices or performing the work.
- The Client may, at any time, by written notice, suspend further work by Acoustics By Design, Inc. The Client shall remain liable for, and shall promptly pay Acoustics By Design, Inc. for all services rendered to the date of suspension of services, plus suspension charges, which shall include the cost of assembling documents, personnel and equipment, rescheduling or reassignment, and commitments made to others on Client’s behalf.
If Client does not pay invoices within thirty (30) days of submission of invoice, Acoustics By Design, Inc. may, upon written notice to the Client, suspend further work until payments are brought current. The Client agrees to indemnify and hold Acoustics By Design, Inc. harmless from any claim or liability resulting from such suspension.
- Acoustics By Design, Inc. carries professional liability coverage with a per claim limit of $2,000,000 and an annual aggregate claim limit of $2,000,000. Client hereby agrees that to the fullest extent permitted by law, Acoustics By Design, Inc.’s total liability to Client for any and all injuries, claims losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any cause or causes including but not limited to Acoustics By Design, Inc.’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter “Client’s claims”) shall not exceed the compensation paid to Acoustics By Design, Inc. under this Agreement.
- Acoustics By Design, Inc. agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, to the extent caused by Acoustics By Design, Inc.’s negligent performance of professional services under this Agreement and that of its sub-consultants or anyone for whom Acoustics By Design, Inc. is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Acoustics By Design, Inc., its officers, directors, employees and sub-consultants (collectively, Consultant) against all damages, liabilities or costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Acoustics By Design, Inc. shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence.
- Neither the Client nor Acoustics By Design, Inc. shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract and breach of warranty.
- This assignment may involve parties with adverse interests to clients with whom Acoustics By Design, Inc. has current or past relationships. It is Acoustics By Design, Inc. policy to make reasonable attempts to identify such relationships prior to acceptance of a professional assignment, but Acoustics By Design, Inc. cannot assure that conflicts or perceived conflicts will not arise, and Acoustics By Design, Inc. does not accept responsibility for such occurrences.
- Client agrees to allow Acoustics By Design, Inc. to refer to this work, including project name, project description, and Client name, in future corporate marketing communications. Client agrees to allow Acoustics By Design, Inc. to publish and present in technical proceedings, technical journals, or trade publications, aspects of this project related to the work performed on the project by Acoustics By Design, Inc.
- If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to Acoustics By Design, Inc. are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks or other material terms of this Agreement, Acoustics By Design, Inc. may call for renegotiation of appropriate portions of this Agreement. Acoustics By Design, Inc. shall notify the Client of the changed conditions necessitating renegotiation, and Acoustics By Design, Inc. and the Client shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement.
- This Agreement is entered into in the State of Michigan and shall be construed and interpreted in accordance with the laws of the State of Michigan and applicable Federal laws.
- In the event any of these Terms and Conditions are found to be illegal or otherwise unenforceable, the unenforceable Term(s) or Condition(s) will be stricken. Striking such a Term or Condition shall have no effect on the enforceability of the remaining Terms and Conditions and those remaining Terms and Conditions shall continue in full force and effect as if the unenforceable Terms and Conditions were never included in the Agreement.
- The Client agrees to submit all claims and disputes arising out of this Agreement to non-binding mediation prior to the initiation of legal proceedings. This provision shall survive completion or termination of this Agreement; however, neither party shall seek mediation of any claim or dispute arising out of this Agreement beyond the period of time that would bar the initiation of legal proceedings to litigate such claim or dispute under the applicable law.
- Acoustics By Design, Inc. shall not be required to sign any documents, no matter by whom requested, that would result in Acoustics By Design, Inc.’s having to certify, guaranty, or warrant the existence of conditions that Acoustics By Design, Inc. cannot ascertain.
- Acoustics By Design, Inc. shall be entitled to rely, without liability, on the accuracy and completeness of any and all information provided by Client, Client’s consultants and contractors, and information from public records, without the need for independent verification.
- Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Client or Acoustics By Design, Inc. Acoustics By Design, Inc.’s services hereunder are being performed solely for the benefit of the Client, and no other entity shall have any claim against Acoustics By Design, Inc. because of this Agreement or Acoustics By Design, Inc.’s performance of services hereunder.
Acoustics By Design, Inc. Terms and Conditions, effective April 1, 2016