Terms and Conditions
Important Notice
These Standard Terms and Conditions are intended for Industrial /commercial proposal and contract use by Longhorn Industrial Contractors.
1. Scope and Quote Validity
Pricing is limited to the scope of work expressly described in Longhorn Industrial Contractors’ written proposal, estimate, quotation, work order, change order, or other written agreement.
Any work not specifically included in the written scope of work is excluded unless added by written change order or written authorization from Customer.
Unless otherwise specified in writing, any quote, estimate, or proposal issued by Longhorn Industrial Contractors is valid for thirty (30) days from the date issued and is subject to equipment availability, labor availability, and pricing changes after expiration. Due to market volatility, Metal and Fuel pricing are valid for 24 hours.
2. Pricing Basis and Variable Conditions
Customer acknowledges and agrees that exact project duration, labor requirements, equipment requirements, access conditions, site conditions, weather impacts, sequencing, and unforeseen circumstances cannot always be accurately determined before work begins.
All pricing is based on information available at the time of proposal and assumes ordinary and anticipated working conditions. If actual conditions differ from those reasonably anticipated, including but not limited to unforeseen site conditions, access restrictions, delays, changes in scope, equipment substitutions, additional labor requirements, or other circumstances impacting performance, Longhorn Industrial Contractors reserves the right to assess additional charges.
Customer agrees to pay all additional labor, equipment, material, subcontractor, standby, mobilization, demobilization, travel, administrative, and related charges arising from such conditions.
3. Value Engineering and Discretionary Cost Reductions
Longhorn Industrial Contractors may evaluate opportunities to reduce costs through value engineering, revised means and methods, equipment optimization, schedule efficiencies, or other operational efficiencies.
If Longhorn Industrial Contractors determines, in its sole discretion, that cost reductions are appropriate, it may reduce charges to Customer accordingly. Nothing herein shall obligate Longhorn Industrial Contractors to pass through cost savings unless expressly agreed in writing.
4. Fuel Surcharge
Quoted amounts are based on a diesel fuel price of $5.25 per gallon unless otherwise stated in the proposal. If diesel fuel prices increase above the stated baseline, a fuel surcharge may be added to quoted amounts on a per lift, per move, or other reasonable project basis. Fuel surcharge calculations shall be based on the United States Department of Energy weekly on-highway retail diesel (https://www.eia.gov/petroleum/gasdiesel/) for the regions worked.
5. Invoicing and Payment Terms
Longhorn Industrial Contractors shall invoice Customer weekly unless otherwise stated in writing.
All invoices are due and payable on a Net Thirty (30) Days basis from the invoice date.
Payment for all sales of goods and services shall be according to the terms stated on Longhorn Industrial Contractors’ invoice unless otherwise agreed in writing by Longhorn Industrial Contractors.
6. No Retention; No Pay-When-Paid
Customer agrees that no retention, retainage, holdback, or withholding of any kind shall apply to amounts owed to Longhorn Industrial Contractors unless expressly accepted in writing by Longhorn Industrial Contractors.
Longhorn Industrial Contractors does not accept pay-if-paid, pay-when-paid, or other provisions making payment to Longhorn Industrial Contractors contingent upon payment from any third party unless expressly accepted in writing by Longhorn Industrial Contractors.
7. Interest, Attorneys’ Fees, and Collection Costs
All past due amounts shall accrue interest at the rate of eighteen percent (18%) per annum, or the maximum rate permitted by applicable law, whichever is less, beginning on the date payment becomes overdue.
If Longhorn Industrial Contractors undertakes collection efforts to recover unpaid amounts, Customer shall reimburse Longhorn Industrial Contractors for all reasonable costs of collection, including attorneys’ fees, court costs, collection agency fees, administrative expenses, and related costs.
8. Credit Card Fees and Credit Policy
Customer shall be charged an additional three percent (3%) processing fee for payments made by credit card unless prohibited by applicable law.
Longhorn Industrial Contractors reserves the right, in its sole discretion, to cancel, reduce, suspend, or refuse future credit sales or credit privileges.
9. Suspension of Work for Nonpayment
Longhorn Industrial Contractors may suspend work, withhold further performance, demobilize, or refuse additional work if Customer fails to timely pay amounts due.
Customer shall be responsible for all costs, delays, remobilization expenses, standby charges, schedule impacts, and related damages resulting from suspension due to nonpayment.
10. Equipment Dispatch, Availability, and Portal-to-Portal Charges
All equipment is quoted portal-to-portal from the yard or location from which it is dispatched unless otherwise noted.
All equipment is subject to availability at the time of dispatch. Equipment availability and pricing may change due to customer-directed schedule changes or circumstances beyond the control of Longhorn Industrial Contractors.
Standby charges, remobilization charges, or revised equipment charges may apply in such situations.
11. Customer-Directed Schedule Changes
Equipment availability and prices are subject to change due to Customer-directed schedule changes or any reason beyond the control of Longhorn Industrial Contractors.
Additional labor, equipment, standby, travel, subcontractor, and administrative charges resulting from schedule changes shall be charged to Customer.
12. Delays and Standby
Any delays, standby, interruptions, loss of productivity, or inefficiencies affecting Longhorn Industrial Contractors’ work caused by Customer, owner, other contractors, third parties, site conditions, access limitations, production delays, permitting issues, or events outside Longhorn Industrial Contractors’ reasonable control shall be billed to Customer at applicable time-and-material rates.
Standby time begins when Longhorn Industrial Contractors’ personnel, equipment, or subcontractors are unable to proceed due to causes outside Longhorn Industrial Contractors’ reasonable control.
13. Force Majeure
Longhorn Industrial Contractors shall not be responsible or liable for delays, interruptions, suspension of work, cancellation, additional costs, or damages resulting from causes beyond its reasonable control, including but not limited to inclement weather, unsafe weather conditions, fires, acts of God, acts of government, pandemics or public health emergencies, permit restrictions, road or transportation conditions, labor disputes, strikes, material procurement difficulties, supply chain disruptions, accidents, mechanical failures, utility interruptions, other contractors on site, or any other circumstance beyond Longhorn Industrial Contractors’ reasonable control.
Customer releases Longhorn Industrial Contractors from all claims, damages, and costs arising from such delays, interruptions, suspensions, or cancellations.
14. Freight, Shipping, and Port Charges
Customer accepts responsibility for ocean freight, water transport, crane fees, barge fees, rail fees, vessel discharge, demurrage, port fees or delays, customs clearance, and related charges unless expressly included in Longhorn Industrial Contractors’ written proposal.
15. Customer Site Responsibilities
Customer shall provide and maintain a safe workplace that complies with OSHA and all applicable safety requirements.
Customer shall provide safe access, ample working room, suitable service conditions, and clear work areas necessary for Longhorn Industrial Contractors to perform the work.
Access includes removal of obstacles, obstructions, vehicles, material, equipment, and utilities as required. Time spent clearing work areas or gaining access shall be billed as additional labor, equipment, and material charges.
16. Ground, Soil, and Subsurface Conditions
Customer assumes full responsibility for the condition, adequacy, and load-bearing capacity of all ground, soil, and subsurface conditions in any area where Longhorn Industrial Contractors’ personnel, vehicles, materials, or equipment are stored, parked, transported, staged, or operated.
All surfaces over which Longhorn Industrial Contractors’ equipment must pass or operate, whether loaded or unloaded, must be firm, level, properly prepared, and capable of supporting all imposed equipment, cargo, and load weights.
Longhorn Industrial Contractors shall not be liable for settlement, shifting, collapse, surface damage, underground damage, or resulting losses caused by inadequate or unstable ground, soil, or subsurface conditions.
17. Site Protection and Site Damage
Mats, steel plates, plywood, cribbing, or other ground protection are available at additional expense if required to level or support Longhorn Industrial Contractors’ equipment or protect site areas.
Longhorn Industrial Contractors assumes no responsibility for site preparation or site damage.
Longhorn Industrial Contractors will take limited reasonable precautions but shall not be responsible for damage to underground utilities, curbs, gutters, concrete slabs, sidewalks, pavement, lawns, trees, shrubs, landscaping, or other site features.
18. Site Improvements and Support Measures
Facility or site improvements required to facilitate Longhorn Industrial Contractors’ work, including temporary or permanent shoring, plating, reinforcement, grading, access roads, civil work, or other support measures, are not included unless expressly stated in the proposal.
Any required site preparation, remediation, stabilization, access improvements, shoring, grading, support measures, or additional equipment required to safely perform the work shall be billed to Customer at cost plus a minimum markup of ten percent (10%) unless otherwise stated.
19. Customer-Provided Support Services
Unless otherwise noted, Customer or others shall provide temporary sanitary facilities, civil work, security, escorts, site clearance, equipment layout plans, structural analysis, route surveys, route clearance, lifting or removal of utility wires, land use permits, and related approvals.
This estimate makes no guarantee of acceptance or permit approval by any governmental agency.
20. Overall Jobsite Safety
Customer shall retain and assume primary responsibility for overall jobsite safety, coordination, site access control, hazard identification, hazard mitigation, and coordination among multiple contractors.
Longhorn Industrial Contractors shall be responsible for the safety of its own personnel and operations, but nothing in this Agreement shall be construed as transferring overall jobsite safety responsibility to Longhorn Industrial Contractors.
21. Accuracy of Customer-Provided Information
Customer represents and warrants that all drawings, specifications, dimensions, weights, center-of-gravity information, structural information, engineering data, access information, site information, and project-related information provided to Longhorn Industrial Contractors are accurate, complete, and reliable.
Longhorn Industrial Contractors may rely upon such information without independent verification and shall not be liable for damages, delays, losses, additional costs, equipment issues, or safety issues arising from inaccurate, incomplete, or misleading information provided by Customer or others.
22. Structural Integrity and Lifted Objects
Longhorn Industrial Contractors is not responsible for the structural integrity of any object being lifted, moved, stored, transported, rigged, or handled, or for any lifting devices provided by others.
Longhorn Industrial Contractors assumes no liability for the adequacy, design, or strength of any lifting lug, embedded connection, padeye, attachment point, rigging point, structure, or lifting device furnished by Customer, manufacturer, engineer, owner, or third parties.
23. Equipment Condition and Customer Inspection
Longhorn Industrial Contractors shall not be responsible for damage to equipment or cargo occurring before such equipment or cargo is placed in Longhorn Industrial Contractors’ care, custody, and control.
Customer is responsible for inspecting equipment or cargo immediately upon delivery to Longhorn Industrial Contractors. If Customer is unable to inspect upon arrival, Longhorn Industrial Contractors may provide photographs or documentation of the condition.
Longhorn Industrial Contractors shall not be responsible for damage during offloading, loading, storage, or transport unless the damage results solely from Longhorn Industrial Contractors’ proven negligence.
Longhorn Industrial Contractors assumes no liability for damages once cargo has been released from its care, custody, and control.
24. Stored Materials and Warehouse Terms
Customer is responsible for maintaining insurance covering all materials and equipment stored by Longhorn Industrial Contractors. Such insurance must provide coverage at a minimum equal to the full replacement value of stored property.
If this Agreement is terminated for any reason, Customer shall remove all goods from Longhorn Industrial Contractors’ warehouse within a reasonable timeframe after notice, not to exceed thirty (30) days, subject to payment of all outstanding fees and charges.
If Customer fails to timely remove goods, Longhorn Industrial Contractors may continue to store goods under the same terms or remove and relocate the goods to another suitable location at Customer’s sole cost and expense.
If Customer fails to remove goods after thirty (30) days following written notice of Longhorn Industrial Contractors’ intent to dispose of the goods, the goods shall be deemed abandoned. Longhorn Industrial Contractors may dispose of the goods in any manner it deems appropriate, and Customer shall remain liable for all costs and expenses associated with such disposition.
25. Permits and Traffic Control
Unless otherwise noted, Customer shall furnish all personnel, permits, equipment, and resources required for street use, road closures, traffic control, public right-of-way access, escorts, and related requirements.
26. Rigging Equipment and Certification
Testing and certification of customer-provided slings, shackles, spreader bars, lifting devices, and related rigging equipment shall be Customer’s responsibility.
If Longhorn Industrial Contractors provides rigging equipment or material without providing a qualified rigger, Customer shall inspect and accept the rigging before start of work and assumes full responsibility for its intended use.
Customer shall be responsible for the cost of repair or replacement of rigging equipment damaged for any reason when such equipment is used under Customer’s direction or without Longhorn Industrial Contractors’ direct rigging supervision.
Selection of rigging size, type, capacity, and suitability for work performed without Longhorn Industrial Contractors’ direct rigging supervision shall be at Customer’s sole discretion and responsibility.
27. Hazardous Materials and Toxins
All equipment, cargo, materials, and work areas must be free of hazardous materials, toxins, contaminants, asbestos, lead-based materials, chemicals, and environmental hazards unless expressly disclosed and accepted in writing by Longhorn Industrial Contractors before commencement of work.
Customer represents that all hazardous substances and environmental hazards have been fully disclosed in writing.
Discovery of undisclosed hazardous materials or unsafe environmental conditions may result in immediate suspension of work at Longhorn Industrial Contractors’ discretion. Resulting delays, demobilization, remobilization, standby charges, disposal costs, and additional costs shall be Customer’s responsibility.
28. Insurance Provided by Longhorn Industrial Contractors
Longhorn Industrial Contractors will provide standard insurance coverage, including one million dollars ($1,000,000) in general liability coverage, for damages caused by its negligence.
Higher limits, endorsements, additional insured certificates, project-specific endorsements, waiver endorsements, or special insurance requirements may be available only with approval of Longhorn Industrial Contractors management and may be subject to additional fees.
29. Customer Insurance and Waiver of Subrogation
Customer shall maintain adequate insurance coverage, including general liability, property insurance, builder’s risk insurance, and any other insurance reasonably necessary to protect the project, site, cargo, materials, equipment, and stored property.
To the fullest extent permitted by law, Customer waives, and shall require its insurers to waive, any rights of subrogation against Longhorn Industrial Contractors for losses covered or required to be covered by Customer’s insurance.
30. Lift Plans, Engineering, and Technical Services
Lift plans requiring detailed information, drawings, engineered calculations, special review, or additional technical detail shall be billed at two hundred fifty dollars ($250.00) per hour.
Unless otherwise noted, engineering calculations, drawings, shop drawings, submittals, third-party inspections, permit preparation, and permit coordination are not included in the proposal but may be provided at two hundred fifty dollars ($250.00) per hour subject to agreement.
31. Excluded Scope Limitations
Unless otherwise noted, others shall provide all architectural work, handling or disposal of fluids or hazardous materials.
Unless otherwise noted, removal of debris, packing, crating materials, waste, or discarded materials from the site is not included.
32. Site-Specific Compliance Requirements
Any site-specific badging, drug testing, background checks, orientations, safety training, customer-required training, access requirements, or administrative requirements imposed on Longhorn Industrial Contractors personnel shall be billed to Customer at applicable hourly rates.
33. Labor Conditions and Controlling Labor Agreements
Unless otherwise specified, all work shall be performed in accordance with the applicable controlling union labor agreement or applicable labor rules.
Labor minimums, subsistence, crew travel, overtime, show-up time, reporting time, fringe changes, and other labor conditions shall be billed pursuant to the controlling labor agreement unless otherwise specified.
34. Callout Minimums and Emergency Service
All labor callouts shall be billed at a minimum of four (4) hours per employee.
Emergency service callout labor shall be billed at a minimum of four (4) hours at applicable overtime rates, plus materials, equipment, travel, and related charges.
35. Overtime and Premium Labor Rates
Unless otherwise specified in writing, labor shall be billed at one and one-half (1.5) times the applicable regular rate for hours worked in excess of ten (10) hours per day Monday through Thursday, hours worked in excess of forty (40) hours per week, all hours worked on Friday, all hours worked on Saturday, and any work commenced after 3:00 p.m.
Labor shall be billed at two (2.0) times the applicable regular rate for all hours worked on Sunday, all hours worked on recognized holidays, and hours worked in excess of twelve (12) hours in a single day.
Quoted pricing is based on straight-time labor only unless otherwise noted. Weekends, holidays, overtime, premium time, and shift work shall be billed at applicable premium time-and-material rates.
36. Recognized Holidays
Recognized holidays include New Year’s Day, Memorial Day, Independence Day, July 24th, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day.
If a recognized holiday falls on a Saturday, the preceding Friday shall be treated as the legal holiday. If a recognized holiday falls on a Sunday, the following Monday shall be treated as the legal holiday.
37. Scheduled Wage Escalation
Effective October 1, 2026, at 2100 hours, labor rates shall increase by two dollars and fifty cents ($2.50) per labor hour, and all quoted and unquoted work performed thereafter shall be subject to the adjusted rates unless otherwise stated in writing.
38. Materials, Consumables, Equipment, and Subcontractor Markups
Unless otherwise noted in writing, materials and consumables shall be billed at cost plus twenty percent (20%).
Unless otherwise noted in writing, equipment costs shall be billed at cost plus fifteen percent (15%).
Unless otherwise noted in writing, subcontractor costs shall be billed at cost plus ten percent (10%).
Longhorn Industrial Contractors reserves the right to apply these markups to all direct project costs unless expressly excluded in the applicable proposal or contract.
39. Travel Expenses and Per Diem
For projects located more than forty-five (45) miles from South Jordan City Hall, South Jordan, Utah, Customer shall reimburse Longhorn Industrial Contractors for travel-related expenses, including single-occupancy lodging for each assigned employee and per diem of seventy five dollars ($50.00) per employee per day.
Travel reimbursements shall apply for all days personnel are required to remain away from their home reporting location due to project requirements.
40. Mobilization and Cleanup
Unless specifically quoted otherwise, pricing includes one mobilization to complete the stated scope of work.
Additional mobilizations required due to schedule changes, access limitations, customer requests, delays, or other conditions outside Longhorn Industrial Contractors’ reasonable control shall be billed at standard time-and-material rates. Unless otherwise noted, cleanup, removal of debris, packing, crating materials, and waste from the jobsite are excluded.
41. Taxes, Fees, and Licenses
Applicable sales tax is not included unless expressly stated.
All applicable federal, state, municipal, local, or other taxes, license fees, permit fees, governmental charges, and related fees are extra and chargeable to Customer unless specifically stated otherwise.
42. Change Orders
Any change in scope, schedule, sequencing, access, equipment requirements, labor requirements, project conditions, or customer direction may result in additional charges.
Longhorn Industrial Contractors may issue written or verbal change orders documenting such changes and associated cost adjustments. Customer agrees to pay all additional charges resulting from approved changes, field direction, or conditions requiring additional work, labor, equipment, materials, subcontractors, or services.
Failure to immediately dispute a change order, field directive, or additional work shall not relieve Customer of responsibility for payment.
43. Cancellation Charges
Customer cancellations, postponements, or schedule changes after labor, equipment, subcontractors, or resources have been scheduled may result in cancellation charges, standby charges, demobilization charges, remobilization charges, and reimbursement of costs incurred.
Cancellations made less than twenty-four (24) hours before scheduled mobilization may be subject to labor, equipment, subcontractor, administrative, and other costs incurred.
44. Electronic Signatures and Authorizations
Electronic signatures, email approvals, text approvals, purchase orders, field authorizations, and electronically transmitted approvals shall be deemed binding and enforceable to the same extent as original signatures unless prohibited by applicable law.
45. Limitation of Liability
Longhorn Industrial Contractors shall only be liable for damages directly caused by its own proven negligence, and only to the extent required by applicable law.
Under no circumstances shall Longhorn Industrial Contractors be liable for liquidated damages, special damages, incidental damages, indirect damages, consequential damages, delay damages, lost profits, loss of income, loss of use, business interruption, loss of productivity, loss of market, loss of opportunity, or interest losses, whether or not Longhorn Industrial Contractors had knowledge that such damages might be incurred.
46. Customer Indemnification
To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless Longhorn Industrial Contractors, its owners, officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, losses, damages, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to Customer’s acts or omissions, unsafe site conditions, defective or inadequate customer-provided equipment, improper lifting points, failure of structural members or objects being lifted, undisclosed hazardous materials, inaccurate information, or Customer’s breach of this Agreement.
This indemnification obligation shall not apply to the extent damages are caused solely by the proven negligence or willful misconduct of Longhorn Industrial Contractors.
47. Preservation of Mechanic’s Lien and Bond Rights
Nothing contained in this Agreement, nor any conduct or communication by Longhorn Industrial Contractors, shall be construed as a waiver of any mechanic’s lien, materialman’s lien, stop notice, bond claim, payment bond claim, or any statutory, equitable, or contractual payment remedy available to Longhorn Industrial Contractors.
Longhorn Industrial Contractors expressly reserves all lien, bond, and payment rights available under applicable law.
48. Exclusive Performance; No Scope Reassignment or Bid Shopping
Upon execution of an agreement, proposal, purchase order, or written authorization to proceed, Customer acknowledges that Longhorn Industrial Contractors has committed resources, personnel, scheduling, equipment planning, pricing, and means and methods in reliance on Customer’s acceptance.
Customer shall not remove, reassign, divide, transfer, self-perform, or award to any third party any portion of the work included in Longhorn Industrial Contractors’ agreed scope of work without the prior written consent of Longhorn Industrial Contractors.
Customer shall not use Longhorn Industrial Contractors’ pricing, proposals, project planning, lift plans, engineering concepts, work product, schedule, sequencing, or means and methods to solicit competing bids or award such work to another contractor.
If Customer removes, reassigns, self-performs, or causes any portion of Longhorn Industrial Contractors’ contracted scope to be performed by others after execution, Longhorn Industrial Contractors shall be entitled to recover lost anticipated profit on the removed work, costs incurred in preparation, planning, mobilization, scheduling, demobilization, administrative and overhead expenses, and any other damages permitted by law. Such action shall constitute a material breach of the Agreement.
49. Governing Law and Venue
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.
Any legal action, claim, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and Customer irrevocably consents to the exclusive jurisdiction and venue of such courts.
50. Entire Agreement and Order of Precedence
The proposal, these Standard Terms and Conditions, approved change orders, and any expressly incorporated written attachments constitute the complete and entire agreement between the parties and supersede all prior negotiations, representations, discussions, or agreements, whether oral or written.
In the event of conflict between Longhorn Industrial Contractors’ documents and any purchase order, subcontract, customer-issued terms, or other customer documentation, Longhorn Industrial Contractors’ terms shall control unless expressly agreed otherwise in a written amendment signed by an authorized representative of Longhorn Industrial Contractors.
51. Severability
If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
52. Waiver
Failure by Longhorn Industrial Contractors to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Longhorn Industrial Contractors.
53. Contract Incorporation and Website Terms
Customer acknowledges that Longhorn Industrial Contractors’ Standard Terms and Conditions are incorporated into all proposals, estimates, quotations, work orders, purchase orders accepted by Longhorn Industrial Contractors, and agreements unless expressly excluded in writing by Longhorn Industrial Contractors.
Customer’s signature, written authorization, purchase order, email approval, Text approval, scheduling direction, acceptance of services, or authorization to proceed signifies that Customer has read and agrees to be bound by these Standard Terms and Conditions.
54. Closing Statement
Longhorn Industrial Contractors appreciates the opportunity to provide quotations and services to you, the Customer. Questions regarding proposals, scope, pricing, scheduling, or these Standard Terms and Conditions should be directed to Longhorn Industrial Contractors before authorization to proceed.