Project and Additional Work Policy

This Projects and Additional Work (“Policy”) is incorporated into the Amplifier terms of service as published on the Amplifier website (“Terms”). The Terms shall control in the event of any conflict or inconsistency between this Policy and the Terms. All capitalized terms not otherwise defined in this Policy will have the meaning given them in the Terms.

1. Projects. Projects are non-standard hourly or piece work performed on Client Inventory.

Many routine Make Ready or Kitting projects have itemized rates listed in the Pricing Page. These rates will be used when applicable.

1.1 Estimates. At times and at Amplifier’s discretion, non-standard Projects may be accepted by Amplifier. Project price quotes are estimates based on information that you have provided and may not include all supplies, hours of work, or unexpected project costs. Upon approval of a project estimate and completion of work, you will be billed for all hours and supplies to complete your project. If a Project is billed hourly, it will be billed on a time and materials basis with labor counted in 1-hour increments and materials marked up 30%. Quotations are provided for estimated purposes only. Projects are billed on actuals. If your project takes either more or less time and/or materials to complete than estimated, we will only bill you for the actual time and materials. Project based services are not provided to mitigate ongoing shortcomings in third-party-supplier capabilities and/or services. We recommend you request and pay for a Project sample before seeking bulk modifications to your inventory.

1.2. Disclaimer and Limitations on Liability for Projects. Amplifier specifically disclaims liability for Project activities conducted at your request that results in modification, damages, changes or errors to your product or packaging. Delays may result as Project work is being completed. The limit of our liability for Project-related work is the hourly or itemized charge for the Project work alone.

 

2. SOWs. From time to time, you may also request that Amplifier perform work that is outside the scope of the Terms and Policies. All such requests must be made in the form of a written Statement of Work (“SOW”) and shall be made a Schedule to the Terms upon acceptance and written execution of the applicable SOW by Amplifier and you. Work performed under a SOW shall be deemed “Services” for purposes of the Terms. The SOW shall include a complete description of the work to be performed by Amplifier and the delivery date(s) for the work. All work performed by Amplifier or contractors hired by Amplifier shall remain the sole and exclusive property of Amplifier, save and except for your marks which may be contained in the work product. Unless otherwise specified in the SOW, Amplifier will grant a non-exclusive, non-transferable worldwide license to you for the use of the work product during the term of the Terms. In any event, the terms and conditions of the Terms shall govern the provision of any services provided by Amplifier to you. If, for any reason, the work specified in any SOW is not completed by the date(s) specified in the SOW, Amplifier and you agree to modify the SOW to equitably achieve your and Amplifier’s business objectives. In any event, you agree to pay Amplifier for partially completed work performed under any SOW. In the event of a conflict between the Terms and any SOW, the Terms will control unless the SOW specifically (and not generally) identifies the conflicting language from the Terms and explicitly states that such terms will not apply but will be superseded by the relevant provisions of that SOW for purposes of that SOW.