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Master Services Agreement

Standard Disclosure

All services are complete “as is” when delivered. Sustainable Energy Analytics (“SEA”) does not warrantee or guarantee the performance of any recommendation by SEA or any other product, or service provided by others as or referenced in its delivered documents. SEA is not a licensed professional engineer, electrician, or plumber and our recommendations should not be considered in lieu of their professional advice. Local building codes and ordinances take precedence over any SEA recommendation. SEA has made reasonable effort to ensure that all recommendations are consistent with state‐of‐the‐art building practices.

Standard Terms and Conditions

Upon acceptance of this proposal the client agrees with the following terms and conditions:

1. Completion of Services

All services are complete “as is” when delivered. Sustainable Energy Analytics does not warrantee or guarantee the performance of any recommendation by SEA or any other product, or service provided by others as or referenced in its delivered documents.

2. Conflict of Advice

SEA is not a licensed professional engineer, HVAC technician, electrician, or plumber and our recommendations should not be considered in lieu of their professional advice.

3. Precedence of Requirements

Local building codes and ordinances take precedence over any SEA recommendation. SEA has made reasonable effort to ensure that all recommendations are consistent with current codes and state‐of‐the‐art building practices. If multiple requirements are in conflict then the more stringent or specific requirement will prevail.

4. Force Majeure 

A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

5. Insurance

Sustainable Energy Analytics carries a full complement of business, professional liability and workers compensation insurance. Insurance certificates will be provided upon request.

6. Professional Fees Payment Schedule
 Fees will be invoiced based on attached contract.
 All fees are due on receipt and can be paid by check, cash or credit card.

7. Excess Mileage Charges
There is no charge for mileage to and from SEA offices in Waltham MA to project sites within a radius of 20 miles. For project sites more than 20 miles a charge of $1/mile will be charged.

8. Out of Pocket and Miscellaneous Expenses
All out of pocket expenses will be the responsibility of the client and will be invoiced at cost. No expenditures will be made without the client’s prior approval. Typically there are no expenses of this type.

9. Incentive Payments
If the client decides to enroll in any MassSave incentive program administered by SEA they agree to and understand the following conditions.
a. The program is voluntary and the client bears all ensuing responsibilities.
b. SEA will be the sole administrator of all MassSave sponsored incentive programs
c. All incentive payments are not guaranteed by Sustainable Energy Analytics and are distributed solely by and at the discretion of the MassSave program administrator (ICFI).
d. The client agrees to sign the incentive program application and meet all requirements of the incentive program. 

10. Test Failures
Any test performed by SEA that fails stated targets will be subject to additional diagnostic and retesting fees at $150/hour/person. An estimate will be provided to the client (or their agent) and upon acceptance and payment the work will proceed.

11. Inspection/Site Visit Scheduling
It is the client’s responsibility to give SEA 5 business days’ notice for any required site visit or inspection so that the visit can be scheduled. If the client misses the site visit or the site is not completely ready for inspection the client agrees to pay, at SEA discretion, an additional fee of $250. This fee is in addition to any retesting or remediation fees.

12. Remediation Fees
If the client fails to meet any of the preceding terms and conditions and such failure leads to addition work or the need for additional equipment, SEA will be entitled to charge for that additional scope of work at the following rates:
 $200/hour for Principal.
 $175/hour for Senior Associate.
 $150/hour for Junior Associate.
 $125/hour for technical support, expediting, processing and other assistants’ time.

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