Effective Date: 01/01/2025
These Terms and Conditions: (“Agreement”) govern the provision of services and products by [Company Name] (“Company,” “we,” “us,” or “our”) to its customers (“Customer,” “you,” or “your”) in relation to power generation services and engine repair. By engaging with our services, you agree to be bound by the terms outlined in this Agreement.
1. Scope of Services:
1.1. The Company provides power generation, engine repair, maintenance, and related services (“Services”). The specific scope of services will be defined in the individual service contract or agreement entered into between the Company and the Customer.
2. Agreement Formation:
2.1. This Agreement is formed upon the acceptance of the Customer’s order, which may be done through a signed service contract, purchase order, or written confirmation. Any terms or conditions presented by the Customer that conflict with or differ from these Terms and Conditions shall not be binding unless specifically agreed to in writing by the Company.
2.2. In the event that a customer wishes to amend or modify the existing service agreement or Terms and Conditions of L&J Generator Services, LLC, or substitute their own contractual agreement in place of the standard terms provided by L&J Generator Services, LLC, the customer acknowledges and agrees that a non-refundable fee of $500 will be assessed to cover the administrative costs associated with reviewing and processing such changes. This fee is due prior to any consideration or implementation of the proposed amendments or substitutions.
3. Pricing and Payment:
3.1. Pricing: All prices for the Services provided by the Company are outlined in the individual service contracts, purchase orders, or as listed on the Company’s website (subject to change without notice). The Company reserves the right to adjust prices at any time due to market fluctuations, cost increases, or any other reasonable cause.
3.2. Payment Terms: Unless otherwise agreed in writing, all invoices are due within Twenty (20) days from the date of issuance. Payments not made within the specified period may incur interest charges at a rate of 5% per month, or the maximum allowed by law, whichever is lower.
3.3. Late Payments: If the Customer fails to make payment on time, the Company reserves the right to suspend or terminate Services until the outstanding amount
is paid in full, including any late fees or interest. The Company will provide notice of delinquency of payment, where the Customer will have Ten (10) days to rectify the late payment to avoid further action.
3.4. Deposits: For projects and/or services with a total cost greater than Ten Thousand Dollars, ($10,000), a Fifty (50%) Percent deposit is required prior to
the start of the project.
4. Customer Obligations:
4.1. The Customer agrees to: Provide accurate and complete information necessary for the Company to perform the Services.
4.2. Ensure that the equipment or machinery to be serviced is in a condition that will allow for proper performance of the Services.
4.3. Provide access to the location where the Services are to be performed and ensure that the necessary personnel are available to assist.
4.4. Comply with all applicable laws and regulations governing the use and operation of equipment and machinery.
5. Company’s Obligations:
5.1. The Company agrees to: Perform the Services in a professional and workmanlike manner, consistent with industry standards.
5.2. Provide the Customer with a clear estimate of the cost, timeline, and scope of work prior to beginning any Services, unless otherwise agreed.
5.3. Adhere to all relevant safety and regulatory requirements in the performance of the Services.
5.4. Provide daily / weekly service reports pertaining to work being performed.
6. Insurance:
6.1. The Company shall maintain during the term of the Agreement, and shall ensure all subcontractors maintain the following insurance coverages; Commercial
General Liability (CGL) Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Property Insurance and Automobile Liability Insurance, as per required by the State of Alaska. The Company shall furnish certificates of insurance evidencing the required coverage to the Customer prior to the commencement of work and upon policy renewal. The Customer shall be named as an additional insured on all liability policies, except for Worker’s Compensation.
6.1.1. Additional or supplemental insurance coverages are available based upon the Service Agreement and Customer requirements.
6.2. The Customer shall maintain during the term of the Agreement, and shall ensure all subcontractors maintain the following insurance coverages; Commercial
General Liability (CGL) Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Property Insurance and Automobile Liability Insurance, as per required by the State of Alaska.
7. Warranties and Disclaimers:
7.1. Warranty on Services: The Company warrants that all repair services provided will be free from defects in workmanship, as pertaining to industry standards, for a period of Ninety (90) days from the date of completion, unless otherwise specified. Any defects or issues reported to L&J Generator Services, via email at service@ljgenerators.com, within this period will be rectified by the Company at no additional cost, provided the issue is not caused by misuse, negligence, or external factors. L&J Generator Services, LLC will maintain open communications to determine the necessary timeline in order to properly rectify
the deficiencies as notified thereof.
7.2. Warranty on Parts: Parts supplied by the Company, unless otherwise specified, are covered by the manufacturer’s warranty. The Company does not provide
additional warranties on parts beyond those provided by the manufacturer.
7.3. Disclaimer of Additional Warranties: Except as expressly provided in this Agreement, the Company makes no representations or warranties, express or
implied, regarding the Services or any associated products, including but not limited to any implied warranties of merchantability or fitness for a particular
purpose.
8. Limitation of Liability:
8.1. The Company’s liability under this Agreement is limited to the amount paid by the Customer for the specific Services that gave rise to the claim.
8.2. The Company will not be liable for any indirect, consequential, special, or punitive damages arising from the performance or failure to perform the Services, including but not limited to loss of profits, downtime, or equipment failure.
9. Force Majeure: The Company shall not be held liable for any failure or delay in performance of its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, equipment failures, or government actions.
10. Confidentiality: Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed during the term of this Agreement. This obligation shall survive the termination of this Agreement. Confidential information includes but is not limited to; pricing structures, customer data as collected, including reports and photographs.
11. Termination & Cancellation:
11.1. Termination for Convenience: Either party may terminate this Agreement with Thirty (30) Days advance written notice to the other party if the termination is not due to a breach of this Agreement. In the case of termination, the Customer will be responsible for payment of all Services performed up to the date of termination.
11.2. Termination for Cause: The Company may terminate this Agreement immediately if the Customer fails to make timely payments, breaches any material terms, or engages in unlawful conduct.
11.3. Cancellation: In the event the Customer decides to cancel a project or service, written notice must be provided no later than Ten (10) business days in advance.
11.3.1. Cancellation notice: Cancellations of single projects must be issued in writing to L&J Generator Services, LLC no later than Ten (10) Business
Days prior to the start of the project.
11.3.2. Administrative Fee: A non-refundable Two-Hundred Dollar ($200.00) Administrative Fee will be charged to cover the costs associated with
processing the cancellation.
11.3.3. Parts Restocking: If any parts have been ordered or procured for the services, a restocking / return fee of Fifteen Percent (15%) of the
purchase price of those parts will be charged to the Customer upon cancellation.
11.3.4. Travel Arrangements: If any travel arrangements have been made for the project, any and all associated cancellation fees imposed by the travel
companies are subject to invoicing at the Company’s Standard Rates.
11.4. Cancellations with short notice, less than the Ten (10) Business days are subject to the Two-Hundred Dollar ($200) Administrative Fee, plus up to Fifty Percent (50%) of the service total value.
12. Scheduling: The Company will maintain open communications regarding service schedules, service job timelines and anticipated completion dates. In turn The Company expects the same level of communication regarding Customer anticipated timelines and completion dates.
12.1. In the event a service must be rescheduled, as initiated by the Company, The Company will provide as much advanced notice as possible. If the rescheduling is initiated by the Customer, the Customer is to provide as much advanced notice as possible. Rescheduling is not considered a cancellation, but may incur additional costs due to rebooking of travel arrangements.
13. Dispute Resolution:
13.1. Negotiation and Mediation: In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiation. If the matter is not resolved through negotiation, both parties agree to engage in mediation before pursuing further legal action.
13.2. Arbitration: Any disputes that remain unresolved through negotiation or mediation shall be resolved through binding arbitration in accordance with the rules of The State of Alaska. The arbitration shall take place at an agreed to location to be determined, and the decision of the arbitrator(s) shall be final and binding. Expenses incurred by arbitration shall be equally shared between both parties.
14. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of The State of Alaska, without regard to its conflicts of law principles.
15. Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral.
16. Modifications: Any modifications or amendments to this Agreement must be made in writing and signed by both parties.
17. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
18. Assignment: The Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company.
Acknowledgment; By engaging in Services with the Company, the Customer acknowledges that they have read, understood, and agree to these Terms and Conditions.
Phone: 907-414-5404
email: service@ljgenerators.com
www.ljgenerators.com
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