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This Service Agreement applies to all services performed by Mackay Welding LLC
1. Scope & Pricing
Work is performed either hourly or by written quote at Contractor’s discretion.
$150 per hour
3 hour minimum
$3.00 per mile travel
Materials billed as applicable
Estimates under $2,500 are non-binding and based on visible conditions only. Hidden damage, additional cracking, or unforeseen issues may increase cost. Scope changes require written approval.
2. Payment
Payment is due upon receipt unless otherwise agreed in writing. Late payments accrue interest at the maximum rate allowed under Utah law. Customer agrees to pay collection costs and attorney fees if required. Contractor reserves lien rights as allowed by Utah law.
3. No Warranty
No warranty, express or implied, is provided unless agreed to in writing. Contractor disclaims all implied warranties including merchantability and fitness for a particular purpose.
4. Limitation of Liability
To the fullest extent permitted by law: Contractor’s total liability is limited to the amount paid for the specific job. Contractor is not liable for downtime, lost profits, rental costs, project delays, or consequential damages. Contractor is not responsible for hidden defects, prior fatigue, misuse, overloading, design issues, or unrelated component failure. Continued operation of repaired equipment is at Customer’s sole risk.
5. Customer Responsibilities
Customer is responsible for site safety, equipment shutdown, lockout/tagout, fire prevention, safe access, and regulatory compliance. Contractor operates as an independent welding contractor, including on MSHA-regulated sites, and does not assume operator or controlling entity responsibilities.
6. Stop Work
Contractor may stop work for unsafe conditions, scope disputes, interference, or non-payment. Time spent remains billable.
7. Governing Law
This Agreement is governed by Utah law. Venue shall be within the State of Utah. Prevailing party is entitled to attorney fees.
