A-Core General Terms and Conditions

STANDARD TERMS AND CONDITIONS ​

  1. Warranties and Limitations of Remedies.Without limitation of the Disclaimer above, (a) the Services provided and any reports generated are provided “as is” and without warranties of any kind; (b) the parties agree that A-Core did not manufacture any equipment used by A-Core in the performance of the Services and, as such, A-Core shall not be responsible for, or liable for, any damages arising out of any defect of such equipment; (c) A-Core warrants only that it shall use the equipment in the performance of the services in accordance with instructions provided from the manufacturer thereof and further does not warrant or guarantee the results of such use or that such equipment is functioning properly; (d) the foregoing warranty is subject to all other conditions contained herein; (e) the foregoing express warranty is in lieu of all other warranties, express or implied. A-Core and its agents expressly disclaim all other warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose; and (f) customer’s sole and exclusive remedy for breach of any warranty made by A-Core in connection with the provisions by A-Core of any services hereunder is the right to recover an amount not to exceed the amount paid to A-Core for the services.
  2. Contract Claims Only.Customers claims with respect to the services furnished hereunder shall be limited to the contractual warranties and remedies provided in this Agreement and may be brought only in an action for breach of contract. Customer shall not make any claim against A-Core based on any theory of tort, including but not limited to strict liability or negligence theories, except to the extent of the gross negligence or will misconduct of A-Core.
  3. Liability of A-Core.The total liability of A-Core under this Agreement for breach of warranty, or for any other breach of the Agreement or for any claim related to services furnished by A-Core under this Agreement, shall in no event exceed the amount paid to A-Core by Customer hereunder. In no event shall A-core or its agents be liable for special, incidental, or consequential damages of any kind whatsoever, or for the loss of profits or revenue, or for loss of use, or for actual losses or loss of production or progress of construction, whether resulting in any manner from services furnished under this agreement or from A-Core’s breach of any warranty or any other obligation of A-Core under this Agreement. The foregoing limitation of damages and disclaimer of special, incidental and consequential damages shall apply to all causes of action whatsoever asserted against A-Core pertaining to the performance or nonperformance of the services or of A-Core’s other obligations under this Agreement.
  4. Modification and Waiver/Acceptance and Integration.This document is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms of their agreement. Without limiting the foregoing, no additional or conflicting provisions in Customer’s documents shall be deemed a part hereof and A-Core specifically objects to and rejects any such provisions. No affirmation, representation or warranty, however made, which is not specifically included with the agreement is a part hereof. No course of prior dealings between the parties, no usage of the trade, no representation by A-Core’s agent or in A-Core’s advertisements shall be relevant to supplement or explain any term used in the Agreement. Acceptance of or acquiescence in a course of performance rendered under the Agreement shall not be relevant to determine the meaning of the Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Customer shall accept the Agreement, including the terms and conditions in this document if: i) Customer has signed this document or any proposal to which these terms and conditions are made applicable, ii) Customer has in any manner authorized performance of the services, iii) A-Core shall perform the Services without objection by Customer, or iv) Customer has paid the purchase price or any portion thereof. The agreement can be modified or rescinded only by a writing signed by Customer and A-Core. No claim or right arising out of a breach of the agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Waiver by A-Core of any breach or breaches hereunder by Customer shall not be deemed a continuing waiver of such breach nor as a waiver of or permission for any subsequent breach. Without limitation of the foregoing, the terms of this Agreement shall govern over any conflicting terms contained in any other writing related to the Services, including, but not limited to, any invoice A-Core or any purchase order of Customer.
  5. The invalidity or unenforceability of any provisions of the Agreement shall not affect any other provisions, and the Agreement shall be construed as if such invalid or unenforceable provisions were omitted.
  6. Assignment and Successor.The Agreement shall be binding upon and insure to the benefit of the parties hereto and their heirs, personal representatives, successors and permitted assigns. Customer may not assign any of its rights or obligations under the Agreement without the prior written consent of A-Core.
  7. Governing Law; Venue.This agreement shall be construed in all respects under the laws of the state of Utah without regard to the dictates of conflicts of laws thereof and the parties agree to submit to exclusive jurisdictions and venue in the United States Federal District Court for the District of Utah, or the District Court of Salt Lake County, Utah.

 

GPR

 

The proposal price, plus any additional charges or per hour charges shall be paid within thirty (30) days from invoice date. If the services to be provided hereunder (the “Services”) should take longer than originally estimated by A-Core because of extended coverage, or as a result of the area being surveyed by A-Core not being properly prepared for the survey, etc., such additional time shall be paid to A-Core at hourly rates provided at the time of the proposal.

 

  1. Ground Penetrating Radar (“GPR”) is a non-destructive method for the purpose of inspecting concrete walls, slabs and ground locations. Targets such as post tension cables, rebar, metallic and PVC pipe, conduit, and voids can be detected up to 18″ deep in concrete.

 

  1. GPR scanning requires adequate space to acquire and interpret data, surface obstructions such as walls, pipes, etc. may interfere, block, and/or reflect GPR signals away from the target object(s). A-Core, Inc. (“A-Core”) requires clear and uninterrupted access to the work area and expects all work available in one mobilization unless otherwise specified. Clear and uninterrupted access means no obstructions within three (3) feet of (equipment, vehicles, supplies, furniture, shrubbery, etc.) in the target areas to be scanned. Surface must be free of obstructions to allow the antenna to roll freely. Proposal is based on scanning the immediate area described, additional scanning may affect price. A-Core may assess an hourly fee for down time occurring at no fault of its own.
  2. Any generated reports will be based on A-Core’s interpretation of the data collected and are provided solely for illustration and instructional purposes. Reports are provided only if itemized as a deliverable in this proposal.

 

  1. A-Core technicians will scan the areas in identified, locate any and all VISIBLE targets, and mark them on the surface of the wall, slab or ground. The purpose of GPR is to locate VISIBLE targets, it may not be possible to identify the target or determine its exact depth. Although A-Core uses only state-of-the-art GPR scanning equipment and techniques, and provides ongoing GPR training for its operators, locates are only as accurate as the information imaged by the radar, i.e., GPR scanning does not see everything all the time. Every effort is made to minimize missed targets by collecting and assessing all available information relative to the job site, including layout and configuration of the area to be scanned, existing drawings, historical knowledge of personnel, and prior experience with similar sites.
  2. Water and a survey material with high conductivity (clay, new concrete that hasn’t fully hydrated or cured, etc.) attenuate GPR signals and may limit signal penetration less than the target depth. GPR scanning cannot be performed in areas with standing water. GPR scanning of soils cannot be performed immediately after rainfalls.

 

  1. Concrete to be imaged must be at least one (1) month old (6-12 months is ideal).

 

  1. Any and all plans, drawings or other information pertaining to the target areas to be scanned should be provide before scanning begins.

 

  1. Metal filings, rebar, metal lathe, steel wire mesh, anvil topping, pan decking etc. may interfere, block and/or reflect GPR signals away from the target object(s).

 

  1. Surfaces must be flat and smooth to allow GPR to couple the surface and observe subsurface or embedded objects.

 

  1. Objects spaced closely together or within the top 2.5″ of the surface may not be individually resolved and /or may appear as one object (i.e. PVC conduit tied to rebar). Multiple subsurface or embedded objects spaced closely together may not be isolated/located and objects below this layer may not be located.

 

  1. Target objects with a low contrasting dielectric constant such as PVC conduit may not be detected or masked by higher dielectric objects such as rebar /wire mesh. Embedded /subsurface objects that vary in orientation/direction may not be located (core flex, PVC conduit etc.).

DISCLAIMER: A-CORE MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NATURE, QUANTITY OR QUALITY OF THE SERVICES TO BE PERFORMED HEREUNDER. EXCEPT TO THE EXTENT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A-CORE SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGES AS A RESULT OF ITS PERFORMANCE OR FAILURE TO PERFORM THE SERVICES. THE STRUCTURAL SURVEY REPORT IS BASED UPON A-CORE’S INTERPRETATION OF THE DATA COLLECTED AND IS PROVIDED SOLELY FOR ILLUSTRATION AND INFORMATIONAL PURPOSES. A-CORE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, ARISING OUT OF THE USE OF, OR RELIANCE ON THE DATA COLLECTED OR THE REPORT GENERATED.

 

ADDITONAL DISCLAIMER FOR CUTTING OR CORING WORK: IF A-CORE PERFORMS CUTTING OR CORING OPERATIONS FOLLOWING GPR SCANNING, CUSTOMER ACKNOWLEDGES THAT A-CORE CANNOT GUARANTEE THE COMPLETE ACCURACY OF ANY GPR RESULTS; AND AS SUCH, CUSTOMER WILL DIRECT A-CORE WHERE TO CONDUCT CUTTING OR CORING OPERATIONS IN RELATION TO ANY GPR RESULTS. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE SUBCONTRACT DOCUMENTS WITH CUSTOMER, AS LONG AS A-CORE ABIDES BY CUSTOMER’S DIRECTION IN CONDUCTING CUTTING AND CORING OPERATIONS IN RELATION TO ANY GPR RESULTS, A-CORE SHALL NOT BE LIABLE FOR, AND SHALL BE INDEMNIFIED BY CUSTOMER FOR, ANY DAMAGES RESULTING FROM THE CUTTING AND CORING OPERATIONS. IN THE EVENT OF ANY CONFLICTING TERMS BETWEEN THIS AGREEMENT AND THE PRIME CONTRACT, SUBCONTRACT, OR ANY OTHER REFERENCED OR RELATED CONTRACT OR SUBCONTRACT DOCUMENTS, THE TERMS OF THIS AGREEMENT CONTROLS AND SUPERSEDES ANY CONFLICTING TERMS OR PROVISIONS. YOUR AGREEMENT TO THIS DISCLAIMER IS SPECIFICALLY EVIDENCED BY YOUR SIGNATURE HEREON OR BY ANY DIRECTIVE FOR A-CORE TO COMMENCE CUTTING OR CORING WORK ON THE PROJECT.

THE UNDERSIGNED HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS SET FORTH HEREIN AND HEREBY CONSENTS AND AGREES TO THE SAME.