Action Services Group Terms of Agreement – Work Orders

Terms of Agreement – Work Orders

Last updated July 28, 2022

Maximum travel charge will be $40.00 per trip unless another amount is preapproved. In addition to calling dispatcher, you must call customer IVR (Integrated Voice Recognition) if applicable. Accepting this work order signifies your acceptance of all terms and conditions set forth herein. Payment of your invoice will be net 45 days upon receipt of invoice, signed customer completion section with date, store stamp, time arrived, and time completed by store personnel, confirmation that you called dispatcher upon arrival and departure, and that you called customer’s IVR if applicable.

Payment for labor charges shall be based upon the actual time documented by the time in and time out calls to dispatcher. Failure to comply with requirement to call dispatcher as set forth on page on shall result in no payment due for labor charges. DO NOT EXCEED THE NTE WITHOUT ACTION SERVICES GROUP’S WRITTEN APPROVAL AND A REVISED NTE. IF TOTAL SERVICE WILL EXCEED NTE, YOU MUST CALL FROM SITE WITH ESTIMATE PRIOR TO COMPLETING THE WORK OR ONLY THE NTE WILL BE PAID. All estimates must include first trip costs. Invoices are only accepted at when all services called for by the work order are complete. Only one invoice will be accepted per work order. You must comply with all licensing, OSHA safety requirements, and any other applicable Federal, State, and Local laws and regulations. Current insurance certificate must be received by Action Services Group prior to performing this work. You certify that your general liability and workers compensation insurance are in full force and effect at time of work. You shall defend, indemnify, and hold harmless Action Services Group, its customer, and the owner of the property at which the services were performed with respect to any work performed by subcontractor on Action Services Group’s behalf. You are responsible for paying your subcontractors and your suppliers in full and you hereby waive and release any and all mechanic’s liens.  You hereby authorize Action Services Group, or Action Services Group’s attorneys or agents, to appear for you and mark satisfied of record any lien(s) filed in violation of this provision, all at your cost and expense (including reasonable counsel fees). This work order is governed by the laws of the Commonwealth of Pennsylvania, excluding any conflicts of laws principles. By accepting this work order, you consent to the exclusive jurisdiction and venue of the Court of Common Pleas of Delaware County, Pennsylvania, in all disputes arising out of or relating to this work order. You hereby waive the right to trial by jury and instead agree that this matter shall be heard solely by a judge conducting a bench trial.

This work order is subject to the terms and conditions of the Subcontractor Agreement between the parties, which is incorporated herein by reference. In the event of a conflict between the terms and provisions of this work order and the Subcontractor’s Agreement, the terms and provisions of the subcontractor agreement shall control. All invoices, including requisite documentation, must be received within 20 days from completion of work order; any invoices not timely received will not be due and owing and will not be processed for payment.

It is expressly understood and agreed that you are an independent contractor and maintain your own business, that you regularly market and provide your services to third parties, and that you carry your own liability and workers’ compensation insurance. You have sole and exclusive authority over the manner in which you perform your work under this work order and shall provide all tools required to perform that work. You acknowledge that you may suffer a profit or a loss on this work order. To the extent that you are an individual, you have a proprietary interest in your business. Nothing contained in this work order shall be construed as creating, between any of the parties hereto or with any third party, a relationship of partnership, joint venture, or any relationship other than contractor and subcontractor. With the exception of the work required by this work order, you shall not state, represent, imply or otherwise suggest that it represents, is an agent of, or has any affiliation or connection with Action Services Group.

You shall maintain insurance, which shall be primary and non-contributory, in the following minimum amounts and that names Action Services Group and the owner of the location listed on this work order (the “Owner”) as additional insureds and including CG 20 10 and CG 20 37 endorsements for each location at which you perform work under this work order:

Coverage Limits 

(a) Automobile and Comprehensive General Liability Insurance (including bodily injury, personal injury, property damage, completed operations, products liability, and contractual liability)

      • $1,000,000.00

(b) Workers’ Compensation (covering all persons engaged in performance under this subcontract)

      • Statutory Limits

(c) Employer’s Liability (where applicable)

      • $100,000.00

(d) Umbrella Insurance

      • $4,000,000.00

You hereby waive all rights against Action Services Group, its agents, employees, and insurers, and the Owner, for damages caused by fire or other causes of loss to the extent such losses are covered by property insurance applicable to any services provided in conjunction with this work order or to property at or adjacent to where you perform this work order, except such rights as you may have to proceeds of insurance held by the Owner as a fiduciary.  Your insurance policies shall not prohibit this waiver of subrogation, which shall be effective as to a person or entity: (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the property damaged.

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