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Customer Payment & Refund Agreement


Customer Payment & Refund Agreement


Last updated:January 15, 2021

Fees and Expenses, Payment Terms, Interest on Late Payments

By agreeing to the Work by SEI, Customer specifically agrees that Customer has reviewed this Agreement and agrees to the terms and conditions set forth herein. In consideration of the performance of the Work by SEI and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Proposal and in accordance with the schedule of payments set forth in the Proposal. In the event of a contract cancellation in accordance with the terms of this Agreement, charges may be billed to the customer for any cost and or expenses incurred by SEI in the amount of said cost and or expenses including but not limited to labor and materials.

Pricing in the proposal is valid for 30 days. SEI reserves the right to re-price your project if not accepted within this time frame or if alterations or changes are requested or made by the Customer to the Work. Customer shall pay all invoiced amounts due to SEI within ten (10) days from the date of SEI’s invoice. Customer shall make all payments hereunder in US dollars by credit card, wire transfer, or check. There is a $30.00 fee for all returned checks.

In the event payments are not received by SEI within thirty (30) days after becoming due, SEI may; (i) charge interest on any such unpaid amounts at a rate of 1.75% per month (21% per annum) or, if lower, the maximum amount allowed by law, from the date such payment was due until the date paid; and/or (ii) suspend performance for all Work until payment has been made in full. In the event that Customer breaches any of the provisions of this agreement, SEI shall be entitled to an award of reasonable attorneys’ fees and costs incurred by it as a result of Customer’s breach.

Termination

In addition to any remedies that may be provided under this Agreement, SEI may terminate this Agreement with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement and such failure continues for thirty (30) days after Customer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of the terms of this Agreement,, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefits of creditors.

Limited Warranty

Beginning on the date of completion of the work described above, the labor and materials (except for routine maintenance items such as lamps and batteries) provided by SEI will be honored by a one-year warranty. This limited warranty is for the named Customer only and cannot be transferred to any other individual or entity and it shall not apply to consequential damages. Upon completion of the work described in the Proposal, our technician, at Customer’s request, can review the work that has been completed and answer any questions. Additionally, our technician will leave behind all important documents pertaining to any mechanical devices that have been installed. Damage caused by Customer negligence, improper maintenance or changes, alterations or additions performed by anyone other than the SEI, its employees, or subcontractors directed by SEI is excluded from the warranty.

EXCEPT FOR ANY WARRANTIES SET FORTH ABOVE, NEITHER SEI NOR ANY THIRD PARTY ON SEI’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF TITLE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

SEI shall not be required to perform any warrantee work until payment has been received in full from Customer. SEI shall not be required to perform any warranty work contained in this Agreement unless Customer gives written notice of any non-compliance, reasonably described, to SEI within thirty (30) days of the time when Customer discovers or ought to have discovered that the Work or a component thereof is non-compliant.

Subject to the language above, SEI shall, in its sole discretion, following its inspection of the Work and determination of non-conformance, either: (i) repair or re-perform the Work (or the non-compliant component of the Work); or (ii) credit or refund the price of the Work that relates to the non-conformance.

THE REMEDIES SET FORTH ABOVE SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SEI’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT SHALL SEI BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SEI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS PERFORMANCE OF THE WORK, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO SEI PURSUANT TO THE PROPOSAL.

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Both Parties recognize and accept that either the Court of Common Pleas of Lehigh County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania shall have exclusive jurisdiction and venue for any disputes under this Agreement.

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