Terms and Conditions

Big Sky Elevator Service

TERMS AND CONDITIONS OF SALE

An order for production or service/repairs requires 50% of contract price to be paid. If service/repairs, then balance due on completion. If production then another 25% is due on delivery of equipment, 15% will be due upon substantial completion of the install, and the remaining 10% will be due upon completion and turnover. Charges may apply for return work due to others. If production or service/repairs is cancelled; this order is subject to re-stocking fees and cancellation charges.

Big Sky Elevator Service shall retain title to all machinery and materials or portions thereof, furnished by it under the terms of this Contract until final payment shall have been made. No state inspections will take place until 90% of Contract price is paid. It is hereby agreed that if, for any reason whatsoever, Purchaser chooses or is forced to cancel the Contract, Purchaser agrees that the said deposit will be retained by Big Sky Elevator Service to cover engineering and administrative costs.

It is hereby agreed that if, for any reason whatsoever, Purchaser chooses or is forced to cancel the Contract, Purchaser agrees to pay Big Sky Elevator Service for all the work performed (including removal of all equipment if necessary, at Big Sky's hourly rate in effect at the time of the Contract. (Big Sky Elevator Services Hourly Rate is $ 245.00 per technician as of October 2020)

Unless otherwise specified, the work will be performed during regular working hours of regular working days. If Big Sky Elevator Service is required to perform work after regular working hours, an additional charge at Big Sky Elevator Services prevailing billing rate for such work will be added to the Contract

Unless otherwise specified elsewhere in this Contract, this proposal excludes any taxes which may become applicable.

Purchaser has informed Big Sky Elevator Service that the building structure will be ready for Lift/ Elevator construction by. After which date Big Sky Elevator Service shall have uninterrupted use of the clean hoist way (s Additional charges may be charged if site is not ready or there are delays keeping Big Sky Elevator Service from working. Chargeable hourly rate of $ 245.00 per employee to be paid by purchaser.

  • All power will be available by

  • Big Sky Elevator Service is not responsible for hoist way problems due to construction or architectural design.

    It is not the responsibility of Big Sky Elevator Service to provide items not outlined in this contract, such as doors and finishing the hoist way. That we shall not be responsible in whole or in part for any prorate expense of electric current, for expenses of any nature relating to the rest of the building and other

  • contractors work, for any power factor guarantee, for the premium of any bond (unless provided for herein) nor for any form of general contractors or owners insurance (unless provided for herein

    Big Sky Elevator Service is under no obligation to complete an assignment by a certain deadline unless the client has a signed agreement between both parties.

    Warranties only exist when a Preventative Maintenance Agreement has been accepted Per manufacturers requirements.

    All equipment sold under this Contract is warranted for up to three years depending on the manufacturer's coverage, after the date of acceptance of completed Lift/ Elevator by the Purchaser. If, within the warranty period, any equipment shall prove to be defective in material or workmanship, upon examination by Big Sky Elevator Service will supply an identical or substantially similar replacement part, or Big Sky Elevator Service, at its option will repair such part.

    Labor and travel are included for a period of 6 months.

    This warranty shall not be applicable under the following conditions; if the equipment has been subject to misapplication, abuse or misuse, including exceeding rated capacity or exposure to abnormal conditions and/ or lack of proper maintenance or repair, tampering, repair, installations or alterations by other than Big Sky Elevator Service or an authorized representative of Big Sky Elevator Service, if the Purchaser has used the equipment after discovery of a defect without Big Sky Elevator Services written consent, if the Purchaser refuses to permit Big Sky Elevator Service to examine the equipment to

    ascertain the nature of the defect.

    This warranty is not intended to supplant normal maintenance service and is not to be construed as Providing free maintenance unless expressly provided for elsewhere in this Contract.

    Big Sky Elevator Service is to be in no way responsible for making the building comply with any building codes, or other applicable laws including the ADA law. Any repairs, or alterations required to the building other than those specifically described herein are to be done by the Purchaser. If, upon completion of work covered herein, the certificate of approval is withheld by the authorities by reason of failure of Purchaser to comply with the rules and regulations for work not covered by this Contract, all payments shall become due as aforesaid and shall not be withheld for failure to obtain such certificate.

    This proposal includes lifts designed, manufactured, and installed in accordance with applicable codes, ordinances, and laws in effect as of the date of the foregoing specifications. Any code, ordinance, or law not in effect on the date of the specifications is excluded. If compliance is required due to the Purchasers choice of pending code, ordinance, or law due to enactment of any such regulation subsequent to specification date, Big Sky Elevator Service will provide a separate proposal concerning increase or decrease in costs occasioned thereby.

  • Big Sky Elevator Service shall provide public liability and Workers Compensation insurance for work performed under this Contract. Any loss or damage caused by fire, or otherwise, not caused by Big Sky Elevator Service which may occur on the premises to the Lift or materials therefore shall be borne by purchaser. Big Sky Elevator Service shall not, under any circumstances, be liable for any losses, expenses (including Attorney's fees), demands and claims made by any party because of bodily injury (including death) or property damage, whether arising out of breach of Contract warranty, tort (including negligence), or otherwise, except those directly caused by the acts or omissions of Big Sky Elevator Service, its agents, servants, or employees. In no event shall Big Sky Elevator Service or its suppliers be liable to Purchaser or anyone else for any consequential, incidental, or special damages howsoever

    Big Sky Elevator Service shall not be held liable in any way for any equipment sold to owner, but not installed by Sky Elevator Service. Owner takes full responsibility on any equipment sold to them and installed by others that it will be installed correctly.

    Big Sky Elevator Service does not authorize or permit the use of the Lift or any equipment furnished at any time by Big Sky Elevator Service prior to approval for use by the proper governmental authorities. Purchaser agrees to pay for all damages for losses suffered by Big Sky Elevator Service due to unauthorized use of the machinery, equipment, or other material furnished by Big Sky Elevator Service hereunder. Big Sky Elevator Service shall not, under any circumstances, be liable by reason of this Contract or otherwise, directly or indirectly, for any accident, injury or damage to any persons whomsoever while riding upon or being in or about said lift.

    Big Sky Elevator Service shall not be liable for any loss, damage or delay caused by strikes, lockouts, fire, theft, Act of God, or any cause beyond our reasonable control.

    Any litigation must be handled in Montana State District Court, attorney's fee being the responsibility of the prevailing party.