Engineering Service Agreement
Engineering Service Agreement
_________________________, referred to as ENGINEER, and _________________________, referred to as STATION, agree:
ENGINEER shall perform the following services for STATION:
____________________________________________________________The ENGINEER shall be paid a flat fee of $ ____ (___________________ & _____/100 dollars) for the services described herein, plus parts.
Hours in excess of daily, or after ________________ or before ___________________, shall be compensated at a rate of ______________% percent of the regular rate.
Payment shall be due as follows:
_______________________________________Interest at the rate of _________ percent shall be due per month which any invoice is outstanding beyond the terms stated herein.
The ENGINEER warranties that work performed shall meet Federal Communications Commission regulations and shall constitute good workmanship.
***NO WARRANTY is provided on parts, except for any warranty which
may be provided by the manufacturer or distributor of the product.***STATION grants to ENGINEER a mechanic’s lien upon any and all equipment or other tangible goods entrusted to ENGINEER to secure the prompt payment of all sums due from the STATION to the ENGINEER. In addition, ENGINEER is granted a security interest in any equipment which charges related to the installation, sale, repair or maintenance of the same are due until the same are paid.
In the event of a failure to pay when due, and upon fifteen (15) days written notice of an intention to do so, which the parties agree shall be considered reasonable notice, ENGINEER may offer for public or prior sale equipment subject to the lien granted herein. In the event that the proceeds of the sale are insufficient to pay the sums due, then the STATION shall be responsible to ENGINEER for any deficiency balance.
STATION appoints ENGINEER as its attorney in fact to execute a financing statement or other notices or documents necessary or deemed necessary by STATION to perfect its lien provided for herein.
STATION agrees to pay all costs of collection and reasonable attorneys fees incurred by ENGINEER in the collection of sums due hereunder.
Any disputes related to or arising out of this agreement shall be resolved by binding arbitration, before a single arbiter, under the rules of the American Arbitration Association.
Dated: __________________________
______________________________________________________
_________________________________ By Engineer
______________________________________________________
_________________________ By StationEngineering Service Agreement
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This Engineering Agreement can be adapted to most technical jobs done in the Engineering area that relate to media production such as software development and the like. If an Engineer or small Engineering firm, use this document to firm up details before doing an engagement, to assure payment and proper collection if payment is not made.
1. Make multiple copies. Give one to the Engineer or their firm; one for the specific file; keep one in the corporate files.
Frequently Asked Questions
What is an Engineering Service Agreement?
An Engineering Service Agreement is a contract between an engineer and a station that outlines the services to be performed, the payment terms, and the responsibilities of both parties. It specifies a flat fee for the described services, plus parts, and includes provisions for overtime compensation, payment due dates, and interest on outstanding invoices. The agreement also includes warranties and a mechanic's lien to secure payment.
What does an Engineering Service Agreement typically include?
The agreement includes the names of the engineer and station, a description of the services to be performed, and the flat fee to be paid plus parts. It also covers overtime rates for hours exceeding daily limits or outside specified hours, payment due terms, and interest on overdue invoices. Additionally, it contains warranties regarding FCC compliance and workmanship, a disclaimer of warranty on parts, and a mechanic's lien granted to the engineer.
How is the engineer compensated under an Engineering Service Agreement?
The engineer is paid a flat fee for the services described in the agreement, plus parts. Hours worked in excess of daily limits or outside specified hours are compensated at a percentage of the regular rate, as stated in the agreement. Payment is due according to the terms specified in the agreement.
What are the payment terms in an Engineering Service Agreement?
Payment terms are specified in the agreement, including the due date for the flat fee and any additional compensation. Interest at a stated monthly rate applies to any invoice outstanding beyond the terms. The exact payment schedule and interest rate are filled in on the agreement form.
What warranties does the engineer provide?
The engineer warrants that the work performed will meet Federal Communications Commission regulations and will constitute good workmanship. However, no warranty is provided on parts, except for any warranty that may be provided by the manufacturer or distributor of the product. This means the engineer is responsible for the quality of their work but not for defects in parts.
Is there a warranty on parts under an Engineering Service Agreement?
No warranty is provided on parts, except for any warranty which may be provided by the manufacturer or distributor of the product. The agreement explicitly states that the engineer does not warranty parts. Therefore, any part warranty must come from the manufacturer or distributor.
What is a mechanic's lien in an Engineering Service Agreement?
In this agreement, the station grants the engineer a mechanic's lien upon any and all equipment or other tangible goods entrusted to the engineer. This lien secures the prompt payment of all amounts due to the engineer. It gives the engineer a legal claim to the entrusted goods if payment is not made.
What happens if an invoice is not paid on time?
If an invoice is outstanding beyond the terms stated in the agreement, interest at a specified monthly rate shall be due. The exact interest rate is filled in on the agreement form. This provision encourages timely payment and compensates the engineer for late payment.
How are overtime hours compensated under an Engineering Service Agreement?
Hours in excess of daily limits, or after a specified time or before a specified time, are compensated at a rate of a certain percentage of the regular rate. The percentage and the specific hours are filled in on the agreement form. This ensures the engineer is paid extra for work outside normal hours.
What services does the engineer perform under an Engineering Service Agreement?
The engineer shall perform the services described in the agreement, which are filled in on the form. These services are specific to the station's needs and are outlined in the blank space provided. The agreement does not limit the services to any particular type, but they must be described in the contract.
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