Terms & Conditions

These Project Terms & Conditions ("Agreement") govern the terms and conditions under which Middle Pd provides services and products to our clients By accepting a proposal or project scope from Middle Pd, you agree to these terms. Please read them carefully to ensure full understanding of the obligations and expectations between us.

1. Introduction

Middle Pd is committed to providing high-quality power solutions to businesses of all sizes, ensuring that your electrical infrastructure operates smoothly, safely, and efficiently. This Agreement outlines the terms for the design, supply, installation, and maintenance of power systems and related services we provide to our clients.

2. Scope of Work

The scope of work ("Scope") refers to the specific services and products outlined in a project proposal, service agreement, or contract. The Scope will include but is not limited to:

• Power Distribution Units (PDUs)
• Surge Protection Systems
• Uninterruptible Power Supplies (UPS)
• Electrical system installations
• Maintenance, support, and consultation services

We will provide a detailed description of the Scope in writing prior to commencing the project. Any changes to the Scope must be mutually agreed upon in writing and may affect project timelines and costs.

3. Project Proposal and Acceptance

• Proposal Submission: After an initial consultation, Middle Pd will provide a formal project proposal. This proposal will outline the Scope of Work, pricing, timelines, deliverables, and any other terms relevant to the project.

• Acceptance: Upon reviewing the proposal, the Client may accept it by signing and returning the proposal or by providing written confirmation of agreement. The Client’s acceptance of the proposal will confirm the agreement to proceed under the terms outlined in the project.

• Changes to Proposal: If the Client requests any modifications to the Scope of Work after accepting the proposal, such modifications must be documented and may result in changes to the project cost and timeline.

4. Project Schedule and Timeline

• Estimated Timeline: We will provide an estimated timeline for the completion of the project. This timeline is subject to change based on factors such as equipment availability, access to the site, or changes requested by the Client.

• Delays: While we strive to adhere to the agreed-upon timeline, unforeseen circumstances, such as delays in product availability, weather conditions, or other uncontrollable factors, may cause delays. We will inform the Client of any significant delays and work to minimize their impact.

• Completion: Upon completion of the project, we will conduct a final inspection to ensure all work has been completed as per the agreed-upon Scope. The Client will be asked to sign off on the project as completed.

5. Payment Terms

• Project Cost: The total cost of the project will be detailed in the proposal and will include all labor, materials, and services necessary to complete the project. Any additional costs incurred during the project that were not part of the original Scope will be billed separately and must be agreed upon in writing.

• Payment Schedule: Unless otherwise agreed upon, payment for the project is to be made as follows:

  • A deposit of 30% of the total project cost is due upon project commencement.
  • The remaining balance is due upon project completion or as specified in the proposal.
  • Payments can be made via bank transfer, check, or credit card, as mutually agreed upon.

• Late Payments: If the Client fails to make payment within the specified time frame, we reserve the right to charge interest on the overdue amount at a rate of 1.5% per month or the maximum rate allowed by law, whichever is lower. Continued failure to pay may result in the suspension of services and project delays.

• Refund Policy: Deposits and payments are non-refundable once work has commenced, except where a project is canceled due to an error or failure on the part of Middle Pd.

6. Client Responsibilities

The Client agrees to the following responsibilities:

• Access to Site: The Client must ensure that Middle Pd has full access to the site or location where the work will be completed. If the site is not ready for work, including but not limited to cleared workspaces, required permits, or utilities, the project timeline may be delayed, and additional fees may apply.

• Accurate Information: The Client must provide accurate and complete information regarding power needs, equipment specifications, and any other relevant factors that may affect the scope and design of the project.

• Compliance: The Client is responsible for ensuring compliance with local laws, codes, and regulations, including obtaining any necessary permits for the installation or modification of electrical systems.

7. Changes and Additional Work

• Change Requests: Any changes to the Scope of Work must be agreed upon in writing. These changes may involve additional costs and may affect the project timeline.

• Additional Work: If additional work is required outside the Scope of Work initially agreed upon, it will be quoted separately, and the Client must approve any costs before the work begins.

8. Warranty and Maintenance

• Warranty: Middle Pd offers a standard warranty on all products and services provided. The warranty period will be specified in the product documentation or contract. Our warranty covers defects in materials and workmanship under normal use.

• Exclusions: The warranty does not cover damage caused by misuse, external electrical faults, accidents, or any issues arising after the equipment has been modified or altered by the Client or a third party.

• Maintenance: To ensure the continued reliability of power systems, Middle Pd offers ongoing maintenance services. These services may include regular inspections, testing, and replacement of worn components. We recommend scheduling periodic maintenance to keep systems running smoothly.

9. Confidentiality

Both parties agree to maintain confidentiality regarding any proprietary or sensitive information exchanged during the course of the project. Neither party shall disclose or use such information for any purpose other than fulfilling the obligations of this Agreement.

10. Limitation of Liability

• Limitation of Liability: Middle Pd’s liability for any claims arising out of or related to this Agreement, including any damages or losses incurred by the Client, shall be limited to the total amount paid by the Client for the project under this Agreement. We shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, arising from the performance or non-performance of our services.

• Force Majeure: Middle Pd shall not be held liable for delays or failure to perform due to circumstances beyond our control, including but not limited to natural disasters, pandemics, war, strikes, government actions, or power outages.

11. Termination of Agreement

• Termination by Client: The Client may terminate the project at any time by providing written notice to Middle Pd. In the event of termination, the Client will be responsible for payment for all work completed up until the termination date, including any costs incurred for materials or services already provided.

• Termination by Middle Pd: Middle Pd reserves the right to terminate this Agreement if the Client fails to make payments, provides inaccurate information, or fails to comply with other material terms of the Agreement. In such cases, the Client will still be responsible for payments due for any work completed up until the termination date.

12. Dispute Resolution

• Negotiation: In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiations.

• Arbitration: If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the city of our primary office.

• Legal Fees: In the event of a legal dispute, the prevailing party in arbitration or litigation will be entitled to recover reasonable legal fees and costs from the other party.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state where Middle Pd is incorporated, without regard to its conflict of laws principles.

14. Entire Agreement

This Agreement, together with any signed proposals or service agreements, constitutes the entire understanding between Middle Pd and the Client. Any modifications to this Agreement must be made in writing and signed by both parties.

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By accepting the project proposal or entering into a contract with Middle Pd, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Thank you for choosing Middle Pd. We look forward to working with you on your next power project!

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