1. Scope

These Terms and Conditions apply to all contracts between Escon Design and Construction (Escon) and its clients (Clients) for the provision of design and construction services.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

Client: The party who engages Escon to provide design and construction services.
Contract: The agreement between Escon and the Client for the provision of design and construction services, including these Terms and Conditions.
Design Services: The services provided by Escon to develop and produce drawings, specifications, and other documentation necessary for the construction of the Client’s project.
Construction Services: The services provided by Escon to construct the Client’s project in accordance with the approved drawings and specifications.
Project: The specific design and construction work to be undertaken by Escon for the Client.

3. Services

Escon will provide the Client with the Design Services and Construction Services specified in the Contract. The scope of services will be clearly defined in the Contract.

4. Fees and Payments

The Client will pay Escon the fees specified in the Contract. Fees will be invoiced on a monthly basis and are due within 30 days of the invoice date.

5. Timelines

Escon will use all reasonable efforts to complete the Project in accordance with the timelines specified in the Contract. However, Escon shall not be liable for any delays caused by factors beyond its control, such as inclement weather, strikes, or delays in obtaining necessary permits or approvals.

6. Variations

Any changes to the scope of work must be agreed to in writing by both Escon and the Client. Any variations to the Contract may result in additional fees and/or changes to the project timeline.

7. Approvals

The Client is responsible for obtaining all necessary permits and approvals for the Project. Escon will provide assistance to the Client in this process as required.

8. Inspections

The Client has the right to inspect the Project at reasonable times during the construction process. Escon will provide the Client with reasonable access to the Project site.

9. Defects

Escon will rectify any defects in the Project that are caused by its workmanship or materials within a period of one year from the date of completion of the Project.

10. Limitation of Liability

Escon’s liability for any losses or damages arising from the Contract shall be limited to the total fees paid by the Client under the Contract.

11. Termination

Either party may terminate the Contract by giving 30 days’ written notice to the other party. In the event of termination, Escon will be entitled to payment for all work completed up to the date of termination, plus any reasonable costs incurred in connection with the termination.

12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [State]. The courts of the State of [State] shall have exclusive jurisdiction over all disputes arising from these Terms and Conditions.

13. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms and Conditions constitute the entire agreement between Escon and the Client with respect to the Project and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.