ELECTRICAL EQUIPMENT FIELD EVALUATION SERVICES
TERMS AND CONDITIONS (T&C)
1. SCOPE OF SERVICES:
AcDc Engineering ("Consultant") shall perform independent “Third Party” electrical equipment inspection, review and evaluation on Industrial Utilization Equipment in accordance with the industry standards and procedures established by the Department of Labor and Industry, State of Washington, as specifically described in the written proposal and report.
Estimates & Proposals: Are subject to AcDc Engineering’s Standard Terms and Conditions for Field Evaluations, which are incorporated herein by reference and available at https://acdcengineeringteam.com. By authorizing this work, Client acknowledges they have read and accepted these Terms and Conditions.
A signed and sealed "Engineering Evaluation Report" will be submitted to the Client and the Washington State Department of Labor and Industries. Report is a compliance and safety validation and carries certain legal, safety and technical authority. The Report will be signed by a Washington-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 NFPA 791 Unlabeled Electrical Equipment
C. per other applicable codes and standards as outlined in Report
Consultant will provide a "Preliminary Findings Report" if the equipment fails.
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. Consultant is not responsible for any changes made to the equipment after the evaluation date or for improper operation or maintenance by Client personnel.
Consultant Services shall NOT include equipment or control design, alterations, installation, testing, commissioning or permitting. Consultant assumes no responsibility for the original design, manufacturing, or engineering of the equipment being evaluated.
2. CLIENT RESPONSIBILITIES:
Client shall:
Ensure equipment is safe and capable of being LOTO de-energized (unless otherwise agreed upon). Consultant reserves the right to halt work if site conditions are deemed unsafe.
Provide Pre-Site Equipment documentation per NFPA 791 Chapter 4; including manufacturer certifications, FAT testing, technical drawings, power & safety schematics, BOM and operation/installation manuals.
Where required, Client's provides Electrician tests Voltage at full load and Amps at full load per NFPA 791 6.1 3&4.
Allow the Consultant to inspect, photograph, and document the equipment and facility within the defined scope of work or proposal.
Provide site-specific safety plans, active electrical permits, and relevant electrical distribution drawings, including available fault currents vs. equipment's SCCR.
Provide any required escort or access control. Provide an operator familiar with the machine must be present to perform functions during the evaluation.
Provide specific Invoicing requirements & instructions.
Read AcDc Engineering’s “What is an Electrical Equipment Field Evaluation” or “When Is a Field Evaluation Needed”, (included by reference on our website), 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 its evaluations consistent with the professional skill services with the level of care and skill ordinarily exercised by other professionals providing similar services under comparable circumstances in the State of Washington. No express or implied guarantee or warranty is provided in connection with any evaluation, report, recommendation, or deliverable.
The evaluation(s) provided by AcDc Engineering is a professional opinion regarding the equipment’s compliance with specific codes (e.g., NFPA 790/791) at the time of inspection. It is not a warranty of future safety or mechanical reliability. AcDc Engineering is not responsible for equipment failures, defects, injuries, or damage resulting from post-evaluation modifications, poor maintenance, or improper operation.
AcDc Engineering shall not be liable for any 'consequential' or 'liquated' damages, including but not limited to loss of production, factory downtime, or 'Red Tag' delays resulting from an evaluation finding of non-compliance or results. The Consultant’s role is to report findings, not to guarantee a 'Pass' result for the Client.
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.
All Reports provided by AcDc Engineering are instruments of Service with respect to particular project and AcDc Engineering retains ownership and property interests in such documents. Client may distribute and retain such copies as reasonably necessary for information & reference.
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 general & professional liability insurance currently held through Hiscox. Certificates of insurance can be provided upon request.
8. INDEMNIFICATION:
Client agrees to indemnify and hold harmless Consultant & subconsultants 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; and shall have a duty to defend the AcDc Engineering against third-party claims.
To the fullest extent permitted by law, AcDc Engineering shall indemnify Client only for damages limited only to the extent caused by the negligent acts, errors, or omissions of the Consultant.
Consultant shall have no duty to defend the Client against third-party claims. Total liability for any evaluation shall be capped at the amount of the professional fee paid or the available proceeds of the Consultant’s professional liability insurance, whichever is greater.
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.