|
258 Mariah Circle Quote No: 17980
<br /> Corona,CA 92879 ' Date: 12/27/18
<br /> (951)808-0081 Quote Expires: 30 Days
<br /> TO L A fZ (951)wwwSales Contact: Scott Williams
<br /> info@tolarmfg.com Phone: 951-547-8230
<br /> } f i Email: swilliams@tolarmfg.com
<br /> Customer: 12 Weeks
<br /> Fabricio Volpi Lead Time: From receipt of signed written order,and all
<br /> Public Works Superintendent required approvals.
<br /> City of Sunny Isles Beach Net 30 Days From Invoice
<br /> 19160 Collins Ave Terms: Terms subject to change.Final terms to be
<br /> Sunny Isles Beach, FL 33160 determined based on credit history&bonding.
<br /> Item: Qty: Description: E Unit Price: . Ext.Price:
<br /> 2.Payment Terms:Payment terms for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and
<br /> may require a deposit at time of order.Products are invoiced as shipped.Invoicing wit include any applicable sales tax.If buyer requests delayed shipment,we may invoice for products
<br /> when ready for shipment and,at our option,we may charge reasonable daily storage fees.Buyer agrees to pay a charge equal to the lesser of(i)the highest rate allowable by law or(ii)
<br /> 1.5%per month(18%per annum)on the unpaid balance with respect to any late payments.In addition,buyer will pay all our costs and expenses,including actual attorneys fees,
<br /> incurred in connection with enforcing the Proposal and/or collecting any past due payments.In the event buyer fails to make any payment when due,we have the right of setoff,the right
<br /> to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has
<br /> no right to setoff.
<br /> 3.Delivery,Title and receipt.Unless otherwise provided in the proposal,at shelters are prefabricated and shipped knock-down(K.D.)and in bulk format(not packaged individually)for
<br /> ease of handling and fast on-site installation.In most cases,we ship via 52'air ride logistics vans.This process provides additional product protection as it is in transit to buyer.Neither
<br /> buyer nor consignee shall have the right to direct or re-consign the goods to any other destination without our consent.All sales of products are F.O.B.our plant.Risk of loss of the
<br /> products shall transfer to buyer upon delivery of the products to the common carrier.
<br /> 4.Delivery Charges:Unless otherwise provided in the Proposal,buyer shall bear all the costs of transportation,including without limitation loading,unloading,storage,and freight
<br /> charge.All delivery quotes allow for an approximate 2-hour unload window for a full truck.if this window is exceeded,additional charges may apply.All price quotes given for delivery are
<br /> based on estimates obtained at the time the quote was requested.Actual freight charges may vary.
<br /> 5.Delivery Dates:We wit use commercially reasonable efforts to deliver the services and products in accordance with a buyer proposed delivery schedule in order to accommodate
<br /> buyer's request.Any delivery date(s)or period of delivery provided for in the Proposal is approximate and does not guarantee a particular date(s)or period of delivery.Under no
<br /> circumstances will we be liable for delay in delivery occasioned in whole or in part,by fire,,Hood,explosion,casualty,riot,strike,embargo,transportation delay,breakdown,accident,act
<br /> of God or the public enemy,government authority,by our inability to secure materials,fuel,supply power or shipping space or any other circumstances beyond our reasonable control.
<br /> We have the right to extend the delivery period a reasonable length of time after a delay.We have the right to apportion our materials and products among our customers in the manner
<br /> we deem equitable.Buyer must accept delivery at the agreed price when the causes of the delay are remedied.
<br /> 6.International Freight:We require the services of freight forwarder for all international shiipments.Buyer may select the freight forwarder,subject to our approval.All fees,taxes and
<br /> additional charges,in addition to the actual freight costs,are the responsibility of buyer.
<br /> 7.Returns;Cancellations:Due to the custom nature of our products,we cannot accept returns and we cannot permit cancellations once work or materials have been ordered.
<br /> 8.Manufacturers Warranty:Our manufacturer's warranty is set forth in a separate document.
<br /> 9.Limitation of Liability:WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL,INCIDENTAL,INDIRECT,CONSEQUENTIAL,PUNITIVE OR EXEMPLARY
<br /> DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL,INCLUDING LOST PROFITS,LOSS OR USE,LOSS OF REVENUE
<br /> OR COST OF CAPITAL.EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT,BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED
<br /> IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL(WHETHER BASED IN CONTRACT,TORT OR OTHERWISE,SHALL NOT EXCEED THE
<br /> TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL.BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND
<br /> EFFECT EVEN IF IT IS FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
<br /> 10.Governing Law,Jurisdiction and Venue:The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of
<br /> law principles thereof.Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California.
<br /> 11.Amendment:No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee
<br /> Page 2 of 2 Initials:
<br />
|