Residential New Construction Online Request for Service Agreement
PIR CORP AGREEMENT (This Agreement constitutes a legally binding contract)
This Agreement ("Agreement"), made and entered into by and between PIR Corp, a Washington Corporation ("Contractor"), and the undersigned client or authorized representative (the "Client"), acting individually or through a designated Contract Agent (the "Contract Agent"), collectively referred to as the "Parties," shall be effective as of the last date executed below. This Agreement incorporates by reference the online self generated Online Quote, hereinafter referred to as Addendum A, which forms an integral part of this Agreement. The prices outlined in this Agreement Does NOT include Tax however, the end user will have taxes apply at time of billing unless a valid Reseller Permit is presented.
Scope of Work is outlined on the Online Request for Service page and is here by referred to as Addendum A
In the event of any inconsistency between the terms of this Agreement and any Addendum, the terms of this Agreement shall control unless otherwise explicitly stated in the Addendum. The services, labor, and materials to be provided by Contractor are as described in Addendum A ("Online Quote"). The Quote, once a deposit is paid by the Client, shall become a binding part of this Agreement. No work shall commence until the Quote has had a deposit paid. Amendments to this quote may be required and will need a change order before approved by either party.
1.Devices(switches and receptacles)
2. Lighting
3. PAYMENT TERMS AND LATE FEES Notice Regarding Credit and Payment Obligations:
No oral promises or forbearance's shall be binding; payment obligations are enforceable only as written in this Agreement.
3.1 The total contract price and payment milestones shall be set forth in Addendum B ("Payment Schedule").
3.2 Invoices are due upon receipt unless otherwise stated in the Payment Schedule. A thirty (30) day deferment of administrative fees may be granted at Contractor's discretion, during which time fees accrue but are not yet assessed.
3.3 An Administrative Fee of Five Dollars ($5.00)per day will be assessed on unpaid invoices beginning on the thirty-first (31st) day after invoice date. This fee shall accrue daily and shall not exceed two hundred percent (100%) of the original invoice amount.
3.4 Invoices unpaid after sixty (60) days shall accrue interest at a rate of twelve percent (12%) per annum. Failure to make timely payment voids all warranties provided herein.
3.5 Payment is due upon receipt of invoice and is not dependent on the completion of the electrical inspection. Compliance with electrical inspection results is required by law and has no bearing on invoice due dates. Withholding payment for outstanding electrical corrections shall not delay the accrual of administrative fees on unpaid balances.
3.6 Each phase of the project will be invoiced upon its completion. Completion is defined as the energizing of installed electrical work, the last day on site pending work by follow-on trades, submission of an electrical inspection request, substantial work performed pending a delay exceeding one week, or transition between contract phases, whichever occurs first.
3.7 No retention's may be applied to any invoice. Any objections or complaints regarding charges must be made in writing and delivered within fifteen (15) days of the original invoice date. Failure to do so waives any right to dispute the invoice.
3.8 A deposit may be required before work commences. All deposits must be paid prior to scheduling and are non-refundable. Deposits shall remain a credit on the Client’s account for a period of two (2) years.
3.9 Contractor may, at its discretion, condition the final release of any lien on receipt of full payment for all completed services and deliverables. Upon full payment, Contractor will issue a written lien release. Clients may request interim lien waivers during the course of the project, which will be granted contingent upon payment of all amounts invoiced up to the date of the request.
4. WARRANTY
Except as expressly stated in this Agreement, the Contractor disclaims and negates any implied or express warranty of merchantability, any implied or express warranty of fitness for a particular purpose, and any implied or express warranty of conformity to models or samples of materials. The Client accepts all work performed and materials furnished “AS IS.”
a. The Contractor shall provide a limited one-year warranty for electrical power distribution equipment, devices, wiring, and lighting fixtures (excluding LED fixtures with non-replaceable diodes, special order equipment such as generators, inverters, solar equipment, solar panels, pump controls, etc., bulbs, tubes, or batteries of any kind) provided and installed by the Contractor.
b. Optional Extended Warranty: The Client may elect to purchase an extended warranty for an additional fee prior to the commencement of work:
1) Two-Year Warranty: Covers parts and labor for two (2) years
2) Five-Year Warranty: Covers parts and labor for five (5) years
c. Extended warranties must be selected and paid in full before work begins. If no selection is made, the default one-year limited warranty will apply.
d. All claims regarding LED fixtures with non-replaceable diodes, special order equipment, bulbs, tubes, and batteries shall be made directly to the manufacturer under any applicable manufacturer warranty. Labor or additional electrical permits required to remove and reinstall such components are not covered under this limited warranty and shall be billed to the Client.
e. This limited warranty only covers the repair or replacement of defective power distribution equipment, devices, fixtures, or wiring installed by Contractor. Parts are covered for one (1) year; labor is covered for one (1) year.
f. The decision to repair or replace defective components lies solely with Contractor.
g. Contractor does not guarantee identical replacements for any defective components. If identical parts are unavailable or cost-prohibitive, comparable substitutes may be used.
h. This limited warranty shall be void if: (i) Contractor has not been paid in full within sixty (60) days of invoice; (ii) Work or materials are altered, tampered with, or misused by parties other than Contractor; (iii) Written notice of any defect is not provided within thirty (30) days of discovery; (iv) Ownership of the property changes after the work is performed.
i. Labor for installation of replacement parts or repair of items supplied by others is not covered.
j. This warranty is non-transferable and extends only to the Client named in this Agreement. There are no third-party beneficiaries.
5. NEW CONSTRUCTION CLAUSE In cases of new construction, the Acting General Contractor shall be responsible for:
Should electrical boxes be buried or obscured, a flat rate of Two Hundred Fifty Dollars ($250.00) per box shall be charged for location and access.
6. PRE-LIEN NOTICE This Agreement serves as formal notice pursuant to RCW 60.04.031 (Washington State Construction Lien Law). Contractor reserves the right to file a mechanic’s lien for unpaid services, labor, and materials.
A copy of the Preliminary Notice shall be provided to the Client or sent via certified mail. The Client hereby acknowledges receipt and understanding of Washington State lien rights and obligations. Failure to make timely payment may result in a lien being filed against the property improved by the Contractor’s work.
7. CODES, PERMITS, AND REGULATIONS The cost of the electrical permit for the Scope of Work outlined in Addendum A is included in the total contract amount. However, any fines, fees, or costs assessed by the Washington State Department of Labor & Industries, or any other governmental authority, due to the noncompliance of an electrical system with applicable laws and codes, shall be charged in addition to the contract amount, regardless of whether such costs arise from:
(i) the discovery of an electrical system that is noncompliant;
(ii) the Contractor applying for additional permits or performing corrective work necessary to bring the electrical system into compliance; or
(iii) missed appointments or inspections scheduled between a governmental representative and the Client or the Client’s representative.
All parties agree to cooperate in good faith with the Contractor to resolve any issues related to electrical permits or regulatory compliance. This includes, but is not limited to, making the site available for inspections, providing access to the electrical inspector, allowing dismantling or removal of systems that are deemed to be in violation, and authorizing and paying for any additional work required by law or regulatory authority.
Any additional building permits or jurisdictional fees imposed by the city, county, or public utility district (PUD) shall be the sole responsibility of the Client.
Each Party shall comply with all applicable laws, rules, and regulations relevant to its respective duties and operations. Neither Party shall engage in any conduct or omission that would subject the other Party to liability for noncompliance.
8. INSPECTION COOPERATION Client agrees to cooperate fully with Contractor in the scheduling and execution of any required inspections by local, state, or federal authorities. This includes ensuring access to the property, presence of a qualified representative when necessary, and timely response to inspection requests.
Failure to provide timely access or to coordinate required inspections may result in additional charges for re-inspections, rescheduling, and associated delays. Client shall be responsible for any costs, fees, or penalties incurred due to missed, failed, or delayed inspections resulting from the Client’s actions or inactions.
9. SCHEDULING AND TRADE COORDINATION The Contractor requires written notification from the Client or their authorized representative at least ten (10) business days prior to the commencement of each project phase. This notice must include updates regarding the readiness of the site, phase status, or any other logistical considerations necessary to perform the work.
Failure to provide such notice shall not be deemed a breach of contract by the Contractor. Furthermore, the Contractor shall not be held liable for any fees, fines, or other costs resulting from scheduling delays arising from the Client’s failure to provide the required notice.
The Parties acknowledge that inclement weather or unforeseen conditions may delay the work. Such delays shall not constitute a breach of this Agreement.
The Client assumes full responsibility for coordinating the project schedule to prevent the occurrence of trade stacking, defined as the compaction or overlap of sequential trade operations into parallel activities, which interferes with Contractor's ability to perform work efficiently.
If trade stacking occurs, the Contractor reserves the right to vacate the job site and return only after the interfering trades have completed their work. The Contractor shall not be penalized for leaving the site due to trade stacking and shall not be liable for any resulting delays or damages.
If the Contractor is required to re-mobilize due to uncoordinated scheduling, site unavailability, or trade stacking delays, the Contractor reserves the right to assess a remobilization fee not to exceed Five Hundred Dollars ($500.00) per instance or as otherwise agreed in writing.
10. EXCLUSIONS AND STIPULATIONS
a) All trenching, digging, dirt work, and/or concrete work is excluded from the scope of this Agreement unless specifically stated in the Scope of Work as “included.”
b) Generator installations do not include gas, trenching for gas lines, propane tanks, line testing, or any scheduling or fees for gas services, which are the sole responsibility of the Client.
c) Work performed that meets code and manufacturer specifications, and is completed in a neat and workmanlike manner, but does not meet the Client’s aesthetic preference, will only be redone at an additional charge unless specific aesthetic requirements were provided in writing prior to commencement.
d) Costs related to additional bonding or insurance not specifically included in the Scope of Work are excluded.
e) Waste removal and/or disposal may be provided as a courtesy where feasible; however, it is ultimately the responsibility of the Client unless expressly included in the Scope. This includes old equipment, packaging, scrap wire, and debris generated on-site.
f) Solar and/or wind systems are not covered by a performance guarantee. Actual output may vary based on environmental conditions. No warranty, express or implied, is provided on the adequacy of such systems to meet energy needs. Premature failure from overuse voids the installation warranty.
g) Contractor shall not be liable for design errors or omissions by third parties, nor for inadequacies in materials or equipment specified or supplied by others.
h) Code updates to the electrical system not included in the Scope of Work are excluded. If existing systems interconnecting with the Scope are deemed noncompliant by the Authority Having Jurisdiction (AHJ), Client must choose to either correct them at additional cost or authorize their disconnection.
i) Drywall, wall, panel, or surface repair and painting are not included. Contractor may patch drywall where feasible, but final finishing is the responsibility of the Client.
j) Washington State Prevailing Wage and Federal Davis-Bacon Wage rates are not included unless specifically stated. If applicable, labor rates will be adjusted accordingly.
k) Temporary power, lighting or heating is excluded unless explicitly listed in Addendum A.
l) Client is responsible for providing restroom access. Failure to do so will result in a charge for portable restroom services.
m) Refurbished products may be used. A list of such products can be provided upon request at project closeout. If all-new parts are later requested, associated replacement and labor costs shall apply. Refurbished items carry the same limited warranty as new parts under this Agreement.
n) Each section of work has been estimated an allotted time frame required to be completed, delays from other trades does not warrant an accelerated timeline for this scope of work. Any delays not caused by the Contractor, that require additional crew to meet the overall construction schedule, will require a change order. In acceptance of this agreement the contractor accepts the required window of time for each phase as reasonable and agreeable.
Schedule of Phase: Rough-in 2 weeks, Trim 2 weeks
o) We have assumed these units will be done sequentially without stops and starts, anything otherwise would require a cost change.
p) Anything (verbal or written) expressed or implied elsewhere, which is contrary to these conditions, shall be null and void.
q) Due to current supply chain inconsistencies, material availability may pose scheduling conflicts. The Contractor is not liable for said scheduling conflicts or losses that may be associated with such.
r) The Client must provide secure storage for all delivered materials associated with this project and assumes all risk of loss at the time they are delivered.
11. PRICE ESCALATION CLAUSE In the event of a significant increase in the cost of materials, equipment, or fuel, defined as an increase of 10% or more over the prices in effect at the time of contract signing, Contractor reserves the right to issue a written change order reflecting the increased cost. The Client agrees to pay such increases, provided that Contractor supplies supporting documentation demonstrating the change in cost.
The adjustment shall be limited to the increased cost of affected materials or services and shall not include any markup beyond what is necessary to cover the Contractor's additional expense. Contractor shall make reasonable efforts to mitigate cost increases and shall notify the Client in writing of any material escalation prior to procurement.
12. TERMINATION
Either Party may terminate this Agreement in writing prior to the installation of any wiring without penalty. Once work has commenced, the Client may terminate the Agreement at any time and without cause. In such event, the Contractor shall be entitled to compensation for:
(i) all work completed up to the point of termination;
(ii) any materials purchased or ordered for the project;
(iii) a cancellation fee equal to ten percent (10%) of the remaining unpaid contract balance.
The Contractor may terminate this Agreement without penalty at any time if, in its sole discretion, the Agreement cannot be fulfilled as outlined due to any of the following:
(a) The Client fails to fully disclose hazards, access limitations, or material project requirements; (b) The Client fails to provide full and unimpeded access to required work areas; (c) The Client or their representatives fail to follow legal requirements or persistently violate safety, permitting, or code compliance obligations; (d) The Client or an authorized representative is not available on-site to answer material project execution questions during working hours.
Additionally, the Contractor reserves the right to terminate this Agreement if the Client becomes insolvent, assigns property to creditors, or otherwise ceases business operations. Upon such termination, all materials shall be delivered to the job site and labor performed shall be invoiced accordingly. Any outstanding equipment and material balances will be due.
If payment is withheld for any portion of the work performed, the Contractor may terminate the Agreement without notice. Projects left dormant or inactive for one (1) year from the Contractor’s last date on site shall be automatically deemed terminated.
A project shall be deemed dormant or inactive if no site work is performed, no communication is received from the Client regarding project resumption, or no coordination efforts are made for a continuous period of one (1) year following the Contractor’s last documented presence on the site.
13. NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given: (a) when delivered personally; (b) upon receipt when sent by United States certified or registered mail, postage prepaid, return receipt requested; (c) when sent by a recognized overnight delivery service with written verification of receipt; or (d) when transmitted by electronic signature platforms that comply with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), such as Adobe Sign, and verified by electronic delivery confirmation.
All notices shall be delivered to the addresses specified in this Agreement or to such other address as either Party may provide in writing according to the provisions of this section. The effective date of such notice shall be:
This Agreement may be executed in counterparts, including electronic counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be treated with the same legal effect as original signatures in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN).
14. CONTRACT AGENT AUTHORITY
The individual signing this Agreement expressly warrants that they have full legal authority to sign and execute this Agreement on behalf of the property owner, business owner, contractor, or any other party indicated. The signing party further affirms that they have been granted authority to bind such party to the terms and obligations set forth herein. The individual executing this Agreement shall be deemed the "Contract Agent" for all purposes under this Agreement. Contractor shall not be responsible for verifying the authority of the Contract Agent beyond the warranties provided herein.
15. DISPUTE RESOLUTION
The Parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement shall first be submitted to non-binding mediation, to be conducted in Chelan County, Washington, with a mediator mutually selected by the Parties. If the Parties are unable to resolve the dispute through mediation within thirty (30) days of written notice of the dispute, the matter shall then proceed to binding arbitration, except as otherwise provided below.
Binding arbitration shall be conducted in accordance with the Washington Uniform Arbitration Act (RCW 7.04A), before a single arbitrator agreed upon by the Parties or appointed by a court of competent jurisdiction. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Each Party shall bear its own legal fees and costs, unless the arbitrator awards otherwise.
Notwithstanding the above, either Party may bring a qualifying claim in Chelan County small claims court in lieu of mediation or arbitration. The small claims court’s decision shall be final and binding as to that claim.
To streamline resolution, the following limitations shall apply to all arbitrated matters:
Nothing in this section shall prevent either Party from seeking equitable relief, including a temporary restraining order or injunction, in a court of competent jurisdiction, for matters requiring urgent judicial intervention.
16. SEVERABILITY
In the event any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified only to the extent necessary to render it enforceable and to reflect as closely as possible the original intent of the Parties. The remainder of this Agreement shall remain in full force and effect.
17. SURVIVAL
All provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to indemnity obligations, limitations of liability, warranty disclaimers, payment obligations, and confidentiality provisions.
18. ENTIRE AGREEMENT
This Agreement, together with all Addenda, constitutes the full and complete understanding of the Parties. No oral representations or prior writings shall modify its terms.
This Agreement may only be modified in writing, signed by both Parties.
19. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
Any designs, layouts, drawings, or plans provided by Contractor remain the sole intellectual property of Contractor unless otherwise agreed in writing. Client shall not copy, distribute, or reuse such documents for other projects without Contractor’s prior written consent.
20. FORCE MAJEURE
Contractor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, strikes, labor disputes, material shortages, government actions, fire, flood, pandemic, quarantine, or natural disasters.
21. Panel(s)
Brands of panels installed are at the sole discretion on the Company.
22. Conductor Material
Copper conductors for circuits rated under 90A and aluminum for 90A or larger.
All Deposits are NON-REFUNDABLE, an account credit for the deposit amount will be applied for use on other Electrical services if this Agreement is Terminated. Account credits remain for a period of two years from the date of the Agreement Termination.
Power Installation Resource Corp dba/ PIR Corp
Pircorp@outlook.com
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