Service Division Terms and Conditions
Scope of Services
Mid Atlantic Global and its affiliated service divisions provide maintenance, diagnostic, and repair services for industrial metal fabrication machinery, whether supplied by Mid Atlantic Global or otherwise, as agreed upon in advance. Services may be delivered on-site at the customer’s facility or remotely, depending on the nature of the request and technician availability. The scope of work will be determined prior to deployment and may be documented in a service order, estimate, or written agreement.
Scheduling & Availability
Service appointments will be scheduled only upon receipt and approval of a completed Request for Service form submitted to the Vice President of Operations at Mid Atlantic Global. Submission of the form does not guarantee availability; confirmation will be provided in writing once scheduling is finalized. Service appointments are subject to technician availability and may be scheduled during standard business hours, unless otherwise agreed. Expedited or after-hours service may be available at additional cost and is subject to prior approval.
Customer Responsibilities
The customer agrees to provide reasonable access to the equipment and premises necessary for Mid Atlantic Global to perform the requested service. This includes, but is not limited to, ensuring a clean and safe working environment, access to utilities (such as power or compressed air, if required), and a designated point of contact on-site during service. Specific customer responsibilities may vary depending on the nature of the service and will be communicated at the time of scheduling or as part of the service order.
Fees and Payment Terms
To confirm and secure a service appointment, the customer must provide either a valid written purchase order or a credit card at the time of scheduling. By doing so, the customer agrees to the hourly service rates and applicable travel charges provided by Mid Atlantic Global at the time of scheduling.
Standard service is billed at the prevailing hourly rate. Our service terms do include separately stated rates for after-hours and Saturday work and also for Sunday or Holiday work, if required by the customer.
For services secured with a purchase order, payment is due within twenty (20) days from the invoice date (Net 20). For services secured with a credit card, payment will be processed following completion of the service unless otherwise agreed in writing.
Failure to provide timely payment may result in service delays, suspension of future work, or additional fees. Late payments may incur a monthly interest charge or the maximum allowed by law, whichever is lower.
Cancellations and Rescheduling
Customers must provide a minimum of twenty-four (24) hours’ notice to cancel or reschedule a confirmed service appointment. Cancellations made with less than 24 hours’ notice may result in a charge equivalent to an eight (8) hour service call at the prevailing rate, as well as any applicable travel expenses incurred in preparation for or during deployment.
Exceptions may be considered at the sole discretion of Mid Atlantic Global, but are not guaranteed. Repeated cancellations or rescheduling may impact future service availability.
Warranties and Disclaimers
Mid Atlantic Global makes no warranties or guarantees, express or implied, regarding the outcome, performance, or durability of any service work or repairs performed. All services are provided on an “as-is” basis. Mid Atlantic Global does not warrant that repairs will restore equipment to original or like-new condition or prevent future failures.
The customer assumes full responsibility for determining the suitability of any service or repair for their specific needs and use case. Mid Atlantic Global expressly disclaims any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
To the fullest extent permitted by law, Mid Atlantic Global’s total liability for any claims, losses, damages, or expenses arising out of or related to the services provided—whether in contract, tort, negligence, or otherwise—shall be strictly limited to the total amount paid by the customer for the specific service engagement giving rise to the claim.
Mid Atlantic Global shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, production downtime, or loss of data, even if advised of the possibility of such damages.
Government Contracts Compliance
Where services are provided under or in connection with a U.S. federal, state, or local government contract, Mid Atlantic Global agrees to comply with those laws and regulations that are mandatorily applicable to subcontractors providing commercial services. Unless specifically agreed to in writing, Mid Atlantic Global does not accept flow-down clauses or regulatory requirements not expressly required by applicable law.
If a government customer imposes additional requirements that materially affect the cost, performance, or schedule of service, Mid Atlantic Global reserves the right to adjust pricing, delivery timelines, or decline the service engagement.
Governing Law & Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
Any disputes, claims, or controversies arising out of or relating to the services provided, these Terms and Conditions, or the breach thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Pennsylvania, before a single arbitrator, and the proceedings shall be conducted in English.
Judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees unless otherwise awarded by the arbitrator. Nothing herein shall preclude either party from seeking preliminary injunctive or equitable relief from a court of competent jurisdiction to prevent immediate or irreparable harm.
Miscellaneous
a. Force Majeure
Mid Atlantic Global shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, pandemics, war, government action, or equipment failure.
b. Entire Agreement
These Terms and Conditions, together with any applicable service orders or written agreements, constitute the entire agreement between the parties and supersede all prior oral or written understandings regarding the subject matter.
c. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
d. No Waiver
The failure of either party to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.
e. Assignment
The customer may not assign or transfer its rights or obligations without prior written consent from Mid Atlantic Global. Any unauthorized assignment shall be null and void.
