1. Payment
If a minimum deposit or deductible is reflected on the Invoice or Sales Order, it shall be paid at the time of acceptance and prior to the ordering of any materials. All subsequent invoices will be paid according to the terms listed thereon. In the event of late or delinquent payments, the Customer will pay finance charges on the outstanding balance at the rate of 1.5% per month. Should any action be initiated to collect past due amounts, Customer will pay court costs and actual attorney fees incurred in the collection process.
2. Specifications
Latent or hidden damage may be discovered during the course of installation or repair and may increase the cost and time of the work and materials necessary to complete installation or repair, for which Customer is responsible. Local building codes may vary and any additional work or material required to comply with local codes will be the Customer's responsibility.
3. Scheduling and Delays
Scheduling of the work will be in the sole discretion of Michigan Critical Power so as not to cause unreasonable delay in completion of the project. Michigan Critical Power will not be liable and Customer will indemnify Michigan Critical Power for any damages occasioned by any delay in the project caused by Customer in selecting materials or otherwise, by any other contractor or subcontractor not retained by Michigan Critical Power, by any Act of God, strikes, accidents, or other circumstances outside of the control of Michigan Critical Power.
4. Site
Customer will ensure that the site and property will be prepared for the work to be performed by Michigan Critical Power, and the property shall be reasonably maintained by the Customer and accessible to Michigan Critical Power for the completion of installation, repairs, and service. If the site is not prepared by the Customer according to Michigan Critical Power's request, the Customer will be responsible for labor and mileage for the time spent to and from Michigan Critical Power and the site.
5. Insurance
For the duration of time Michigan Critical Power is providing service, materials, and installation for Customer, Customer will maintain fire and other necessary insurance on the property. Michigan Critical Power will maintain workers' compensation insurance on its employees.
6. Termination
Michigan Critical Power reserves the right to terminate this contract, discontinue service, and remove uninstalled materials due to nonpayment or nonperformance by the Customer, and the Customer accepts full responsibility for such action.
7. Storage Fee
If Customer fails to pay and pick up their equipment at the Michigan Critical Power site within thirty (30) days after service is completed, the Customer will pay a storage fee of $10.00 per day.
8. Tradesman's Lien
If Customer fails to pay for service and pick up their equipment within nine (9) months after service is completed by Michigan Critical Power, Michigan Critical Power will assert a lien on said equipment, MCL 570.185, et seq. Michigan Critical Power will sell the equipment at a public sale after proper notice to the Customer, MCL 570.187, et seq.
9. Construction Lien
If invoices are not paid in full and when due for labor and materials furnished or to be furnished, a construction lien may be placed against the improved property, MCL 570.1101 et seq.
10. Litigation Costs
If Customer employs an attorney to file any claim(s), including but not limited to a claim to enforce repair, collection, performance, specific performance, or recovery of damages, by either negotiation or by arbitration or litigation, Customer agrees to reimburse Michigan Critical Power for all expenses of such negotiations, arbitration, or litigation, including, without limitation, its attorneys' fees and all other taxable costs.
11. Notice & Disclaimer
Michigan Critical Power declines any responsibility for materials and equipment having defects unknown to Michigan Critical Power once installed. Michigan Critical Power makes no warranty or guarantee of the quality of the materials and equipment and hereby disclaims all liability for any defects or improprieties in the equipment and materials installed.
TO THE EXTENT PERMITTED BY LAW, MICHIGAN CRITICAL POWER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE GOODS AND EQUIPMENT PROVIDED, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. MICHIGAN CRITICAL POWER MAKES NO WARRANTY WHATSOEVER REGARDING THE GOODS, INCLUDING ANY (1) WARRANTY OF MERCHANTABILITY; (2) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (3) WARRANTY OF TITLE; OR (4) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY MICHIGAN CRITICAL POWER, OR ANY OTHER PERSON ON MICHIGAN CRITICAL POWER'S BEHALF.
12. SMS / Text Message Communications
Michigan Critical Power collects opt-in for text messaging verbally from our customers. Customers are able to opt in to receive messages either in person at our physical location, or over a phone call if the customer calls. When a customer is registered for the first time, they are asked to provide their phone number, and our staff is trained to ask if the customer would like to opt in to SMS-based billing notifications, appointment reminders, dispatch notifications, and job completion surveys.
Customers who opt in are verbally informed of the following:
- Message and data rates may apply.
- Message frequency may vary.
- You can text HELP for support or more information.
- You can text STOP to unsubscribe at any time, and no further messages will be sent.
Customers are also informed that their phone number will not be shared with third parties for marketing or promotional purposes.
For full details, please review our Privacy Policy and Terms & Conditions.