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0 "nv, 13 pest 985 <br />Stewart acoustical Consultants <br />Post Office Box 30461 <br />Raleigh, North Carolina 27622 <br />Telephone (919) 781-8824 <br />TERMS AND CONDITIONS OF CONTRACT AND AGREEMENT . <br />WITH <br />STEWART ACOUSTICAL CONSULTANTS <br />Industrial Noise Control <br />Architectural Acoustics <br />Environmental Noise <br />Unless clearly specified otherwise in an appropriate LETTER OF AGREEMENT, CONTRACT, or PURCHASE ORDER, the TERMS AND <br />CONDITIONS contained herein shall become a part of any AGREEMENT or CONTRACT between any client and STEWART ACOUSTICAL <br />CONSULTANTS. Contrary terns or conditions will be considered by STEWART ACOUSTICAL CONSULTANTS, but the right is <br />reserved to reject any PURCHASE ORDER, CONTRACT, or AGREEMENT containing such. Hereafter, in this document, "CLIENT" <br />shall mean any client of STEWART ACOUSTICAL CONSULTANTS, and 'CONSULTANT" shall mean STEWART ACOUSTICAL CONSULTANTS. <br />Legal Form of Business - CONSULTANT is a corporation chartered in North Carolina under the name ACOUSTICAL CONSULTANTS, <br />INC. The firm is registered with the Wake County Register of Deeds to do business as STEWART ACOUSTICAL CONSULTANTS. <br />CONSULTANT is not related to any other business with any similar name existing in any other state. AGREEMENTS and <br />CONTRACTS with CONSULTANT are with the corporation. <br />Successors and Assigns - This AGREEMENT shall be binding upon and inure to the benefit of all the parties' successors, <br />assigns, and legal representatives. <br />Governing Law - All questions and disputes about the execution, performance, or enforcement of this AGREEMENT shall be <br />resolved according to the laws and regulations of the STATE OF NORTH CAROLINA. <br />Independent Contractor Status - CONSULTANT is an independent contractor to CLIENT. Neither CONSULTANT nor its employees <br />or agents shall have any authority to bind CLIENT contractually. Employees of CONSULTANT shall not, for any purpose, be <br />considered agents or employees of CLIENT. CONSULTANT in performing services shall remain an independent contractor free <br />of any supervision and control by the CLIENT regarding the means or manner of performing services. CONSULTANT is <br />responsible for its payroll and for withholding all applicable taxes, insurance, FICA, and other deductions as may be <br />authorized between CONSULTANT and its personnel. <br />Consultant Status - CLIENT agrees that the recommendations of CONSULTANT are advisory only. CONSULTANT shall not be <br />responsible for the application or cis-application of its recommendations, and shall not be responsible for any problems <br />arising froc same. Liability for any services provided by CONSULTANT is limited to the amount of the fee received. <br />All work outside the scope of work defined in the AGREEMENT between CONSULTANT and CLIENT is the responsibility of <br />others. The services of CONSULTANT are those normally provided by an acoustical consultant, and do not replace the <br />services of an architect or engineer as appropriate. If CLIENT is an architect or engineer, CLIENT shall retain final <br />design responsibility for the project including all parts of such project for which the CONSULTANT provides guidance. <br />CONSULTANT personnel will, to the best of their ability, endeavor to perform to the standards and state-of-the-art of <br />their profession. CONSULTANT shall not derive any financial benefit whatsoever from the sale of any recommended product <br />or service, other than its own service. <br />Documentation of Services - Services will be documented in the form of letters, reports, sketches, data sheets, marked <br />drawings, and/or vendor literature, suitable, where appropriate. These will be suitable to guide a qualified engineer <br />or architect in preparing design documentation. <br />Force Maieure - CONSULTANT shall not be in default of its obligations when its performance is delayed or prevented by <br />any causes beyond its control. Such causes include but not limited to Acts of God, civil disorders, acts of civil or <br />military authority, strikes or any other labor disturbances, weather, failure of CLIENT to act in a timely manner, any <br />interference of third 'Parties not associated with CLIENT or CONSULTANT, or failure of equipment not owned by CONSULTANT <br />that is rented to perform the work. <br />CONTINUED ON BACK <br />Member - National Council of Acoustical Consultants <br />