TERMS AND CONDITIONS
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: FEI RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THE CONTRACT AS SOLEY DETERMINED BY FEI.
(b) FORCE MAJEURE: If FEI's ability to render services is impaired by you or circumstances beyond the control of FEI, FEI may choose not to provide or to discontinue services.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that FEI’s total liability for damages related to its services is limited to the total amount you pay for the services, and that you release FEI from liability for any indirect, incidental, special, or consequential damages.
(d) If you are not satisfied with remote services received from FEI, please call 1-610-664-6540 for resolution or send written notice to FRANKLIN ENGINEERING, INC. P.O. BOX 2622 BALA CYNWYD, PA 19004.
FEI will not divulge or distribute any information obtained from the client unless we receive your permission to do so and/or unless we are required by law or subpoena to do so.
PROFESSIONAL SERVICE LIMITATIONS
You understand and agree that FEI performs our engineering services and offers our professional opinions to a reasonable degree of engineering certainty only. You also understand and agree that you will hold FEI harmless for any professional opinions that FEI offers or services provided and that the applicable permit review officer is the entity that approves or disapproves of any engineering or Code related items.
Standard service hours are Monday — Friday 9 A.M. to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours.
FEI and/or its third-party service providers reserve the right to refrain from providing any or all services and materials for non-payment by the client. Non-payment shall be defined by any invoice that is deemed outstanding. Invoices shall be deemed outstanding when they are ten days past the date of the invoice.
If FEI and/or its third-party service provider's ability to render services is impaired by circumstances beyond their control of FEI and/or its third-party service providers may choose not to provide services.
Under no circumstances shall FEI and/or its third-party service providers be liable to you or any other person for any damages, including without limitation any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings or earnings, or other liability arising out of or related to the services provided by FEI and/or its third-party service providers.
FEI shall not be liable for any failure or delay in performance due to any cause beyond its control. If FEI’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of FEI, FEI may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations.
CHANGES, CANCELLATIONS AND REFUNDS
FEI will return all unused portions of any fees that have been paid to us that have not been utilized up to and including the date of notice to stop providing services is received in FEI’s office. Client agrees to reimburse FEI from either the retainer(s) already collected and/or by sending additional funds if the retainers held by FEI is insufficient to settle all accounts for services/opinions completed up to the date of notice to stop providing services.