Terms and Conditions

TRI-ELECTRONICS, INC. — CONSTRUCTION CONTRACT TERMS AND CONDITIONS

1. Payment Terms
   All invoices are due and payable within thirty (30) calendar days from the invoice date (“Net 30”). Any unpaid balances after this period are considered past due. No claims, offsets, or adjustments to late payments will be accepted or honored.
2. Acceptance of Terms
   By accepting any quote, estimate, or proposal issued by Tri-Electronics, Inc. (“Seller”), the Buyer unconditionally agrees to these Terms and Conditions. These Terms supersede and replace any conflicting terms in any other agreement, purchase order, or correspondence unless specifically agreed to in writing by an officer of Tri-Electronics.
3. Venue and Jurisdiction
   All legal actions or disputes arising from this contract shall be governed by the laws of the State of Indiana, with exclusive venue in the courts of St. Joseph County, Indiana.
4. Legal Fees
   Buyer agrees to reimburse Tri-Electronics for all legal costs and attorney’s fees incurred in enforcing these Terms and Conditions or collecting any unpaid balance.
5. Warranty
   Tri-Electronics provides a standard one-year warranty on all materials furnished and installed under this agreement, covering defects in materials and workmanship under normal use. Warranty does not apply to misuse, negligence, unauthorized modification, or damage caused by others.
6. Notices
   All legal notices must be delivered in writing to:
   Tri-Electronics, Inc.
   6231 Calumet Avenue
   Hammond, IN 46324
7. Entire Agreement
   These Terms and Conditions constitute the entire agreement and understanding between the parties. Any changes or modifications must be in writing and signed by both parties.
8. Change Orders
   All changes to the original scope of work must be documented through a written change order approved by both parties. Additional costs or time impacts resulting from such changes shall be billed accordingly.
9. Delays
   Tri-Electronics shall not be liable for delays caused by factors beyond its control, including but not limited to acts of God, labor shortages, material supply delays, severe weather, or actions/inactions of the Buyer or third parties.
10. Limitation of Liability
    Tri-Electronics’ total liability under this agreement is limited to the total amount paid by the Buyer. In no event shall Tri-Electronics be liable for any consequential, incidental, special, or punitive damages, including lost profits or revenues.
11. Site Access & Conditions
    Buyer must provide access to the job site during regular business hours and ensure the site is safe for Tri-Electronics’ personnel. Additional costs caused by restricted or unsafe access will be charged to the Buyer.
12. Ownership of Materials
    All materials and equipment remain the property of Tri-Electronics until full payment is received. Tri-Electronics reserves the right to remove, disable, or reclaim any unpaid-for materials or equipment.
13. System Malfunction Disclaimer
    Tri-Electronics shall not be liable for any damages, losses, or liabilities—direct or indirect—resulting from the failure or malfunction of any installed system, including but not limited to security breaches, missed alerts, or downtime. It is the Buyer’s responsibility to maintain and monitor system performance after installation.