Terms of Service

Acceptance of These Terms

By accessing this website, you confirm that you are at least eighteen years old and able to enter a binding agreement, or that you are using the site with the permission of a person who is able to do so. If you use this website on behalf of a company, you confirm that you have authority to bind that company. These terms apply together with our Privacy Policy, which is published on this site and which describes how we handle personal information. Where these terms conflict with a signed project agreement, the signed project agreement prevails for the matters it covers.

Who We Are

Barbaron Construction LLC is a computer integrated systems design business operating in the Professional, Scientific and Technical Services sector. Our postal address is 4112 S Jeffs Cir, West Valley - 84128-7447, United States (US). Our contact email is estimates@barbaronbuild.lat and our telephone number is +14198513781. In these terms, the words we, us and our refer to Barbaron Construction LLC, and the words you and your refer to the person or company using this website or engaging our services.

Permitted Use of This Website

You may use this website for lawful purposes connected with learning about our services, evaluating whether to work with us, and contacting us. You may not use this website in any way that damages it, interferes with its availability, or attempts to gain unauthorised access to any system, network or data. You may not scrape the site at a rate that degrades service for others, copy the content for a competing website, misrepresent your identity, or use the site to send unlawful, deceptive or harassing communications. We may restrict or block access where we reasonably believe these rules have been broken.

Intellectual Property

This website, including its text, layout, graphics, styling and code, is owned by or licensed to Barbaron Construction LLC and is protected by copyright and other intellectual property laws. You may view the site and print or save pages for your own reference. You may not republish, sell, sublicense or redistribute the content without our written permission. Project documents that we create, such as drawings, points lists, network diagrams, commissioning records and operating guides, are delivered to the client under the terms of the relevant project agreement. Unless a project agreement says otherwise, we retain ownership of our design methods, templates and reusable technical content, and the client receives a licence to use the delivered documents for the operation and maintenance of the project.

Estimates and Proposals

Estimates and proposals are prepared from the information available at the time, which may include drawings, site walks and discussions with the client. An estimate is not a fixed price offer unless it is expressly labelled as firm and signed by both parties. Where we have not been able to inspect the site, the estimate will state the assumptions on which it rests, and those assumptions matter. Concealed conditions, such as hidden pathway obstructions, damaged existing cabling, undocumented controls or missing door hardware, can change both cost and schedule. We will inform you promptly if we discover such a condition and we will agree a change with you before proceeding.

Project Scope and Change Orders

Every project has a written scope. The scope defines what we will design, install, configure, test and document. Work that falls outside the written scope is handled through a change order, which we price and document before performing the work. We do not perform out of scope work on a verbal instruction alone, because that practice leads to disputes. If a change is urgent and a written change order is not possible before the work, we will confirm the change in writing as soon as practicable afterwards. Regular project meetings, field notes and email records form part of the project record and may be used to interpret the scope.

Scheduling and Site Access

Schedules are commitments to a plan, not guarantees of a date, because construction schedules depend on many parties. We will coordinate our work with the general contractor, the owner and the other trades, and we will give prompt notice of any delay we foresee. You agree to provide safe and timely access to the work areas, including riser rooms, ceiling spaces, control panels, mechanical rooms and network closets, during the hours agreed for the work. If access is delayed, blocked or unsafe, the schedule and cost may need to be adjusted. We may need to perform some work outside normal business hours to avoid disrupting occupants, and we will agree such arrangements in advance.

Pricing, Invoicing and Payment

Prices are set out in the proposal or the project agreement. Unless the agreement states otherwise, invoices are payable within the period stated on the invoice, and we may require progress billing on longer projects. Amounts overdue may attract interest at the rate stated in the agreement or, if none is stated, the maximum rate permitted by applicable law. You agree to pay reasonable costs of collection where an invoice remains unpaid after notice. We may suspend work on an account that is seriously overdue, after giving notice, and we may retain project documents until outstanding amounts are settled where the agreement permits. Taxes, permits and utility charges are the responsibility of the client unless the agreement says otherwise.

Client Responsibilities

A successful integration project depends on cooperation. The client agrees to provide accurate information about existing systems and site conditions, to nominate a contact person who can make decisions, to make decisions within a reasonable time so the schedule can hold, to obtain any permits and approvals that the client is responsible for, to ensure that the site is safe for our staff, and to protect our equipment and materials while they are stored on site. The client also agrees to secure any third party consents needed for us to access systems, networks or records that form part of the scope. Where the client supplies hardware, software or credentials, the client is responsible for their accuracy and lawful use.

Safety, Codes and Compliance

We work to applicable building codes, electrical codes, fire and life safety requirements, and industry standards relevant to the systems we install. We expect the client and the general contractor to maintain a safe site and to inform us of hazards, restricted areas and site rules. We will follow the site safety plan and we will stop work if conditions are unsafe. Where our work touches life safety systems, we coordinate with the responsible parties and we test against the requirements we are given. Nothing in these terms transfers a code compliance obligation to us where that obligation rests by law on the owner, the general contractor or another licensed party.

Warranty and Corrections

We warrant our workmanship for the period stated in the project agreement, and we pass through the manufacturer warranties for the products we supply to the extent they are transferable. If a defect appears in our workmanship during the warranty period, we will correct it at our cost. The warranty does not cover damage caused by misuse, unauthorised modification, third party work, power disturbances, environmental conditions outside the design range, ordinary wear, or failure of client supplied equipment. To make a warranty claim, contact us promptly at estimates@barbaronbuild.lat or +14198513781 with a description of the issue and access to the affected system. We will investigate, determine whether the issue is covered, and schedule the correction.

Limitation of Liability

To the greatest extent permitted by applicable law, Barbaron Construction LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, arising out of or related to this website or to our services, even if we were advised of the possibility of such damages. Our total aggregate liability arising out of or related to a project is limited to the amount actually paid to us for that project, or to the amount stated in the project agreement, whichever is lower. Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence where the law forbids such exclusion. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnity

You agree to indemnify and hold harmless Barbaron Construction LLC and its staff, agents and subcontractors from claims, losses, liabilities, costs and reasonable legal fees arising from your breach of these terms, your misuse of this website, your violation of any law, or your provision of inaccurate information that we relied on in good faith. We agree to indemnify and hold harmless the client from claims arising from our own negligent performance of the work, to the extent stated in the project agreement and permitted by law. Each party will promptly notify the other of any claim and will cooperate in the defence, and no party will settle a claim in a way that imposes an obligation on the other without consent.

Third Party Products and Services

Integration work involves products and services from third parties, including controllers, network equipment, access control hardware, sensors and software platforms. We select those products with care and we install and configure them properly, but we do not manufacture them and we do not control their suppliers. Third party products are subject to the terms and warranties of their manufacturers and licensors. If a manufacturer changes a product, ends support for a product, or fails to honour a warranty, we will help you find a reasonable path forward, but we are not responsible for the acts or omissions of those third parties. Where you require a specific product, we will install it and pass through the applicable terms.

Confidentiality

Each party may receive confidential information from the other, such as drawings, plans, pricing, network details, access schedules, client lists or business plans. Each party agrees to use the confidential information of the other only for the project, to protect it with reasonable care, and not to disclose it to third parties except to staff, subcontractors and advisors who need it and who are bound to protect it. These obligations do not apply to information that is public, that was already known without a duty of confidence, that is received lawfully from another source, or that must be disclosed by law. These obligations survive the end of the project for a reasonable period.

Suspension and Termination

Either party may terminate a project agreement in the circumstances described in that agreement. We may suspend work or terminate for serious or repeated non payment, for unsafe conditions, for a request to perform unlawful work, or for a material breach that is not corrected after notice. The client may terminate for our material breach that is not corrected after notice. On termination, the client pays for work performed, materials ordered and non cancellable commitments made up to the date of termination, and we deliver the documents prepared to that date, subject to payment. Termination does not cancel obligations that by their nature should survive, such as confidentiality, indemnity and limitations of liability.

Disputes and Governing Law

We prefer to resolve issues directly and quickly. If a dispute arises, the parties agree to first attempt to resolve it through good faith discussion between the project leads, then through escalation to senior representatives of each party. If those efforts do not resolve the matter, the dispute will be handled in accordance with the dispute resolution clause of the project agreement, or, where no agreement exists, in the courts or arbitration forum with proper jurisdiction over the matter. These terms are governed by the laws applicable at the location where the services are performed, without regard to conflict of law rules, unless a project agreement specifies a different governing law. The prevailing party in a dispute may recover reasonable costs where the law allows.

Force Majeure

Neither party is liable for a failure or delay caused by events beyond reasonable control, including natural disasters, severe weather, fire, flood, war, civil disturbance, epidemic or pandemic, government action, labour disputes, utility failures, supply chain disruptions or failures of communications networks. The affected party will give prompt notice and will use reasonable efforts to reduce the impact and resume performance. If a force majeure event continues for an extended period, either party may terminate the affected portion of the work on written notice, and the client will pay for work performed and commitments properly made before termination.

General Provisions

These terms, together with the Privacy Policy and any signed project agreement, form the entire agreement between the parties on the matters they cover and replace any prior understanding on those matters. If a provision is found unenforceable, the rest of these terms remain in effect. A failure to enforce a provision is not a waiver of that provision. You may not assign an agreement without our written consent, and we may assign to a successor in connection with a merger or sale of the business. Notices should be sent to the email or postal address published on this site. Headings are for convenience only and do not affect interpretation. We may update these terms by posting a revised version on this website with a new effective date.

If any part of these terms is inconsistent with a mandatory provision of applicable law, that provision applies to the extent required and the remainder of these terms continues in force. A printed or emailed copy of these terms is admissible to the same extent as an original. Where a project agreement incorporates these terms by reference, the incorporation is effective as of the effective date shown at the top of this page or such later date as the agreement states. We recommend that clients keep a copy of these terms and of the signed project agreement together, because together they form the complete record of what we agreed to do and how we agreed to do it.

Contact Information

Questions about these terms, requests for clarification, or notices under these terms should be directed to Barbaron Construction LLC using any of the routes below. We will respond as promptly as we can.

• Email: estimates@barbaronbuild.lat
• Telephone: +14198513781
• Post: Barbaron Construction LLC, 4112 S Jeffs Cir, West Valley - 84128-7447, United States (US)
• Website: https://www.barbaronbuild.lat/

Thank you for taking the time to read these terms. We would rather explain a term clearly at the start of a project than debate it in the middle, and we welcome questions at any stage. Use the link at the foot of this page to return to the main site.