ELECTRICAL EQUIPMENT FIELD EVALUATION SERVICES
TERMS AND CONDITIONS (T&C)
1. SCOPE OF SERVICES:
AcDc Engineering ("Consultant") (Field Evaluation Body "FEB") shall perform independent third-party electrical equipment inspection, review and evaluation on Industrial Utilization Equipment in accordance within the industry standards NFPA 790/791 and procedures established by the Department of Labor and Industry, State of Washington, or per Oregon Administrative Rule Division 306 Qualifying Electrical Products for Sale or Disposal in Oregon as specifically described in the written Proposal and Report.
Consultant FEB Services do not include equipment or control design, alterations, installation, testing, commissioning or permitting. Subsequent relocation of equipment may void label.
A signed and sealed Engineering Evaluation Report will be submitted to the Client and the Washington State Department of Labor and Industries or Oregon Administrative Rule Division 306 Qualifying Electrical Products for Sale or Disposal in Oregon. The report will be signed by a Washington-licensed or Oregon-licensed Professional Electrical Engineer accredited for evaluation and approval of Industrial Utilization Equipment:
A. per WAC 296-46B-903 & WAC-296-46B-997
B. per Oregon Administrative rule 918-306-0000 to 918-306-0410
C. per NFPA 790 Competency of Third-Party FEB's
D. per NFPA 791 Unlabeled Electrical Equipment
D. per other applicable codes and standards as outlined in FEB's Report
Consultant shall NOT have authority over nor be responsible for direction, methods, means, safety, sequences, supervision, and/or control over CLIENT or Manufacturing Representative or Contractor acts.
2. CLIENT RESPONSIBILITIES:
Client shall:
Ensure equipment is safe and capable of being de-energized (unless otherwise agreed upon).
Provide accurate and complete documentation, including manufacturer certifications, FAT testing, technical drawings, power & safety schematics, BOM and operation/installation manuals. Without these technical documents, evaluation may take longer and affect proposal scope and estimate.
Allow the Consultant to inspect, photograph, and document the equipment and facility within the defined scope of work.
Client's Electrician tests each Equipment's Voltage at full load and Amps at full load per NFPA 791 6.1 3&4, and issues test report in writing to FEB.
Provide site-specific safety plans, active electrical permits, and relevant electrical distribution drawings.
Provide any required escort or access control.
Provide specific Invoicing requirements & instructions.
AcDc Engineering may report to appropriate jurisdictions information concerning safety hazards and failures to meet applicable product safety standards and to provide any information requested by regulatory agencies.
Read AcDc Engineering’s “What is an Electrical Equipment Field Evaluation”, which may further explain or enhance these T&C.
3. SITE SAFETY ACKNOWLEDGMENT:
Client attests that the site is generally safe, accessible, and maintained in accordance with applicable safety standards. The Client is responsible for ensuring the site remains free of known hazards and suitable for Consultant personnel. Any known risks, restrictions, or required PPE/safety protocols must be disclosed in advance.
4. STANDARD OF CARE:
Consultant shall perform services with the level of care and skill ordinarily exercised by other professionals providing similar services under comparable circumstances. No express or implied warranty is provided in connection with any evaluation, report, recommendation, or deliverable.
5. DELIVERABLES AND USE:
Reports, labels, checklists, and any communication provided by the Consultant is intended solely for use by the named Client and only for the equipment & purposes specified. Redistribution, repetition or third-party reliance is prohibited.
6. LIMITATIONS OF LIABILITY:
To the fullest extent permitted by law, Consultant’s total liability for any and all claims arising out of the services provided shall be limited to the total compensation received by Consultant for the specific project. Under no circumstances shall Consultant be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits or business interruption.
7. INSURANCE:
Consultant maintains professional liability insurance currently held through Hiscox. Certificates of insurance provided upon request.
8. INDEMNIFICATION:
Client agrees to indemnify and hold harmless Consultant against any and all third-party claims, liabilities, or damages arising from misuse or misapplication of the evaluation results or Client’s failure to comply with applicable electrical or safety codes.
9. INFORMATION:
Any non-public, proprietary, or confidential information provided by either party, and clearly identified as such, shall be held in mutual confidence and shall not be disclosed to any third party without prior written consent. These confidentiality obligations are non-revocable and shall survive the termination of services for a period of three (3) years. Consultant agrees to retain any such data or materials for the same three-year period, unless otherwise instructed in writing by the disclosing party.
10. NDA (NON-DISCLOSURE AGREEMENT):
Signing a Non-Disclosure Agreement is considered reasonable and standard practice when the NDA is mutual, concise, and does not require the Consultant’s time, insights, or work product without a formal engagement or commitment. In cases where the NDA is unusually complex or requires legal review, a legal review fee may apply. The NDA shall not restrict the Consultant from engaging in similar work with other clients or parties, provided no previous NDA confidential information is disclosed or misused.
11. TERMINATION:
Either party may terminate services with reasonable cause upon written notice. In the event of termination, the Client shall compensate the Consultant for all services rendered and reimbursable expenses incurred up to the date of termination.
12. DISPUTE RESOLUTION:
Any dispute under this Agreement shall be resolved first by good-faith negotiation. If unresolved, the matter shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a qualified arbitrator.
13. GOVERNING LAW:
TERMS AND CONDITIONS shall be governed by and interpreted under the laws of the State of Washington.