TERMS AND CONDITIONS

All reports will be provided to the Client in a digital format via email. Costs associated with hard copy report preparation and shipping will be passed along to the Client.

Work requested by the Client not outlined in an agreed-upon scope of work will be conducted by NCE in

accordance with our standard rates. No refunds shall be provided.

The Client agrees to pay invoices within 30 days of receipt. Invoices will be provided by email. Invoices that are 30 days past due are subject to interest at 1.5% plus reasonable attorney fees for collection of indebtedness.

NCE reserves the right to request a credit card to secure payment or a down-payment. For certain types of

services, NCE will require payment of invoice prior to delivery of the final report.

NCE will prepare all work and provide services in accordance with generally accepted professional practices ordinarily exercised by reputable companies performing the same services in the same geographic area. 

No warranties or guaranties, expressed or implied, are made with respect to any services provided under this agreement and any implied warranties for a particular purpose are expressly disclaimed. NCE may rely upon Client-provided documents in performing the services required under this Agreement and NCE assumes no responsibility or liability for their accuracy.

The services provided are not an exhaustive assessment of property and/or environmental conditions. The

scope of work was developed based on the needs and requirements of the Client and in consideration of the current access restrictions at the subject property. NCE does not assume responsibility for other property and/or environmental issues that may be associated with the subject property. In addition, in view of the rapidly changing status of environmental laws, regulations, and guidelines, NCE cannot be responsible for changes in laws, regulations, or guidelines, which occur after the study has been completed and which may affect the subject property.

Each party shall indemnify, defend and hold harmless the other party from and against all liability, loss, cost, expense, or damage caused by the indemnifying party’s negligent acts, negligent omissions, or willful misconduct associated with the performance of work under this Agreement. Regardless, and notwithstanding anything to the contrary contained herein, the liability of NCE for any breach, error, omission, negligence, or willful misconduct shall be limited to the amount payable by Client to NCE under this Agreement, and in no event shall NCE be liable for any consequential, exemplary, special, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs, even if NCE has been notified of the possibility or likelihood of such damages occurring.

NCE's services under this Agreement are being performed solely for the benefit of the Client and no other entity shall have any claim against NCE because of this Agreement or the performance or nonperformance of services provided by NCE hereunder.