|Ricardo (Ric) Middleton, PE
Technical Service Terms
TECHNICAL SERVICE TERMS
Effective: June 1, 2018
All rates apply within the Continental United States excluding Alaska, Hawaii, and US Territories. Client billing will
be based on rates indicated in the Acceptance Notice, which is attached and made a part of this document, or
rates in effect at the time Service is rendered.
CLASS OF SERVICE
Class “A” Service is defined as the services of a Technical Advisor.
Class “B” Service is defined as the services of a Technology Specialist, or similarly qualified Disciplined
Class “C” Service is defined as the services of a Registered Professional Engineer. Work performed under
this Class shall be “Sealed”.
Class of Service Regular Rate Per Hour ***Discounts are applied when appropriate
A $ 65.00
B $ 90.00
C $ 185.00
1. Regular rates apply during normal working hours. “Time” is on-the-job, plus travel time from the “Place of
Origin” to the jobsite or work location and return.
2. “Normal working hours” are from 8:00 a.m. to 5:00 p.m. or 7:00 a.m. to 4:00 p.m. with one hour for lunch,
Monday through Friday, except for holidays.
3. Overtime includes all time working and traveling before and after “normal working hours” and any time on
Saturdays, and will be billed at 1-1/2 times the regular rate. Sundays and holidays will be billed at 2 times the
regular rate. No overtime will be billed for travel time on Monday through Friday between the hours of 6:00 am
and 6:00 pm, except for holidays.
4. When services of other companies are required under subcontract, this service will be invoiced to the Client at
cost, plus 25%.
5. DISCOUNTS are applied when repeat business is anticipated or when the Client performs Marketing, Billing,
Scheduling, and Accounting on behalf of Middleton Engineering and Sales.
Billing for expenses, at cost, will be in addition to billing for time.
1. Travel by air will be at economy/ coach rates subject to availability.
2. Rental cars will be economy class subject to availability. Rental car fuel charges will be added.
3. Travel by company vehicle will be charged at US IRS rate per mile from and to the “Place of Origin”.
4. Lodging will be single room/ double occupancy or less, subject to availability.
5. Meals, when away from home, will be limited to $55 or $65 per day, subject to location.
6. Telephone charges associated with the job or work, while away from the home office, will be included on hotel
bills or justified with actual billing or receipts.
BASIS FOR SERVICES
Middleton Sales will perform Services based on information that is provided to Middleton Sales by the Client.
Middleton Sales cannot provide Services based on information that is not provided by the Client.
A minimum charge of one day’s time and expense will apply to all work requiring more than 6 hours air travel
time including down time. Total travel time may be limited to 8 hours per day.
A minimum charge of 4 hours time, including travel time, will apply when access to the work is not available for
any reason. When availability time plus travel time exceeds 4 hours, the available time shall not exceed the
charged time minus travel time. Middleton Sales has no interest in available time without charges. Travel and
expenses will be billed per "EXPENSES" above.
If a written report of the work is required, a minimum of two (2) hours will be charged for its preparation.
A minimum charge of ½ day working time will apply to all jobs.
Rates stated above do not include taxes of any kind. Any applicable local, state or federal sales or excise taxes
will be added to all invoices.
All terms of payment are Net 30 Days from the date of invoicing. This is the extent of Credit that is offered to the
Client. Payments made after the 30-day period are subject to an additional charge of 2% per month or part
thereof, and shall increase by 2% for every 30 days or part thereof, that payment is not received. If payment is
not received within 90 days of the date of invoicing, the Client agrees that a breach of contract has occurred.
In addition to payment of invoiced amounts, retention of funds may be required in accordance with the Acceptance
Notice provided by Middleton Sales. Retained funds, if required, must be received prior to the start of work and
must be present on account for work to continue.
In the event of failure to make payment on invoice amounts within the 30-day period allowed, payments plus the
additional charge will be deducted from the retained funds amount. All work will stop if the minimum retention
amount, indicated in the Acceptance Notice, is not maintained by the Client.
Currency for all payments shall be US Dollars without exception.
Middleton Sales requests all payments to be handled by wire transfer in accordance with the following instructions:
Bank Chase Bank
Control/Routing No. Advise
Acct. No. Advise
For Middleton Sales
Middleton Sales is owned and operated by Ricardo (Ric) Middleton, PE.
An additional charge or delay in the start of Services may apply to alternate forms of payment.
TIME OF COMPLETION
If a completion date or period is stated in the Acceptance Notice, it shall be based on receipt of a written purchase
order, a Notice to Proceed or similar statement, all retention funds, and complete information from the Client. The
time required for completion of Services shall be extended when the purchase order, Notice to Proceed or similar
statement, change order, payments, retention funds, and information from the Client are not received in time.
The Client may change the Services with written notice at any time, provided such changes are within the general
scope of the Services described in the Acceptance Notice. In such event, an equitable adjustment in the time of
performance of the Services shall be made and reported to the Client, in writing, prior to Middleton Sales
performing the changed Services.
Client may not cancel any work except upon written notice and will pay all reasonable costs arising from the
cancellation, including invoices for all billable work performed, all cancellation charges billed to Middleton Sales,
plus a cancellation handling fee of 5% of the contract price. Every effort will be made to limit the expenses
associated with cancellation.
Middleton Sales represents that it is an independent contractor and is not an employee of the Client. In its
performance of the Services described herein, no assumption is made that Middleton Sales will utilize the
methods, rules, policies, terms, work tools, software, or the philosophy of the Client in the performance of
Services. When the Client desires that Middleton Sales perform as an agent of the Client, under his direction,
this requirement must be stated in writing by the Client and included in the Acceptance Notice by Middleton
The Client, Vendor, Contractor, or Sub-Contractor will make every effort to secure facilities required for the
execution of the Services. This will not be limited to the designation of a primary jobsite contact person and
designation of a Primary contact for the Services who will be responsible and have authority to give
instructions, receive information and make decisions on behalf of the Client, Vendor, Contractor, or
Sub-Contractor. The Client, Vendor, Contractor, or Sub-Contractor will designate a secure, semi-private work
location at the site, and any other facilitation available, required, and applicable.
LIMITATION OF LIABILITY
Middleton Sales will not operate plant machinery of any kind. Middleton Sales, its personnel, or its Subcontractors
will not be liable for any special, incidental or consequential damages under any circumstances, nor for any loss,
claim, expense, or damage caused by or arising from the work or the acts or omissions of others, whether
negligent or otherwise, nor will Middleton Sales, its personnel, or its Subcontractors indemnify or hold others
harmless for any loss, claim, expense, or damage of any kind. Middleton Sales’ liability for failure to provide
Technical Services and for all errors and omissions is limited to the total invoice value of the Services, work, or job,
or part thereof as invoiced by Middleton Sales.
CONSULTING ENGINEERING SERVICES
Consulting Engineering Services and Technical Services performed by Ric Middleton, PE or his associates, in
the State of Texas, State of Georgia, the Commonwealth of Pennsylvania, and elsewhere, are performed in strict
accordance with Laws regulating the Engineering Profession and under strict observance of all Ethical Codes.
No terms included herein or agreements or communications between the Client and Ric Middleton, PE or any
other party shall have priority over such Laws. Consulting Engineering Services can be performed in other
jurisdictions, subject to review and authorization.
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