Reso 2009-1407 - Laserfiche WebLink

Home Browse Search

~ Proposal erms and Conditions 1. This Agreement, upon acceptance by the Customer, is made solely on the terms and conditions hereof, notwithstanding any additional or conflicting onditions that may be contained in any purchase order or other form of Customer, all of which additional or conflicting terms and conditions are hereby rejected by McQuay. Further, you acknowledge and agree that any purchase order issued by you in accordance with this Agreement will only establish payment authority for your internal accounting purposes. Any such purchase order will not be considered by us to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No waiver, alteration or modification of the terms and conditions herein shall be valid unless made in writing and signed by an authorized representative of McQuay. . This Proposal is subject to acceptance by the Customer within 30 days from date shown on the quote. Prices quoted are for services, labor, and material as specified in this Proposal. If acceptance of this Proposal is delayed or modified, prices are subject to adjustment. . Terms of payment are subject at all times to prior approval of McQuay's credit department. Terms of payment are net upon receipt of invoice unless previously otherwise agreed in writing. Should payment become more than 30 days delinquent, McQuay may stop all work under this Agreement or erminate this Agreement with five (5) days written notice to Customer. McQuay reserves the right to add to any account outstanding more than 30 days interest at 11/2% per month or the highest rate allowed by law. In the event of default in payment, Customer agrees to pay all costs of collection incurred by McQuay including, but not limited to, collection agency fees, attorney fees and court costs. Additional services may be performed upon request at a price to be determined, subject to these Terms and Conditions. . Customer shall pay McQuay, in addition to the contract price, the amount of all excise, sales, use, privilege, occupation or other similar taxes imposed by the United States Government or any other National, State or Local Government, which McQuay is required to pay in connection with the services or materials furnished hereunder. . Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or administrative statute, law, rule, regulation or ordinance (collectively "Governmental Regulations") directly or indirectly requiring that refrigerant other than the type of refrigerant urrently being utilized in connection with the equipment subject to this Agreement be used, shall be borne solely by Customer. In this regard, McQuay hall not be required to bear any expense in connection with the modification, removal, replacement or disposal of any refrigerant in response to any Governmental Regulation designed to reduce or eliminate the alleged environmental hazards associated with the refrigerant. 6. The contract stated herein is predicated on the fact that all work will be done during regular working hours of regular working days unless otherwise pecified. If for any reason Customer requests that work be performed other than during regular working hours or outside the scope of services pecified hereunder, Customer agrees to pay McQuay any additional charges arising from such additional services, including but not limited to premium ay, special freight or other fees or costs associated therewith. 7. McQuay shall not in any event be liable for failure to perform or for delay in performance due to fire, flood. strike or other labor difficulty, act of God, act of Governmental Authority or of Customer, riot, war, embargo, fuel or energy shortage, wrecks or delays in transportation, inability to obtain necessary labor, materials, or equipment from usual sources, or due to any cause beyond its reasonable control. In the event of delay in performance ue to any such cause, the date of delivery or time of completion will be extended by a periOd of time reasonably necessary to overcome the effect of such delay. If materials or equipment included in this Agreement become temporarily or permanently unavailable for reasons beyond the control of McQuay, McQuay shall be excused from furnishing said materials or equipment and be reimbursed for the difference between costs of materials or quipment unavailable and the cost of an available reasonable substitute. 8. Customer shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath, about, or inside Customer's equipment or property. Title 0, ownership of. and legal responsibility and liability for any and all such hazardous materials or substances, shall at all times remain with the Customer. Customer shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable overnmental Regulations. Customer shall defend, indemnify, reimburse and hold harmless McQuay and its officers, directors, agents, and employees rom and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines, and penalties (including without limitation, attorneys' fees nd expenses) suffered or incurred by any of such indemnified parties, based upon, arising out of or in any way relating to exposures to, handling of, or isposal of any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed hereunder. McQuay shall have the right to suspend its work at no penalty to McQuay until such product or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the price equitably adjusted. . If accepted orders are canceled by Customer, Customer will reimburse any and all costs, expenses and losses incurred as a result of order acceptance. 10. McQuay extends the manufacturer's warranties on all parts and materials and warrants labor to meet industry standards for a period of thirty (30) ays from the date performed. McQuay expressly limits its warranty on Customer's equipment to cover only that portion of equipment which had specific service work done by McQuay. These warranties do not extend to any equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSE. WHICH ARE HEREBY SPECIFICALLY DISCLAIMED. TOMER UNDER TH THIRD PARTIES FOR L, USEORLOSSOF~E S EXCEED THE P Y 12. Each of us agrees that we are responsible for any injury, loss, or damage caused by any negligence or deliberate misconduct of our employees or employees of our subcontractors. If any of our employees or those of our subcontractors, cause any injury, loss or damage in connection with performing their duties under this agreement. the responsible party will pay for all costs, damages, and expenses, which arise. Each of us agrees to efend and hold harmless the other party, its officers, directors, and employees. from and against all claims, damages. losses and expenses, including ut not limited to attorneys' fees and court costs, arising out of or resulting from the performance of work hereunder, to the extent that such claim, amage, loss, or expense is caused by an active or passive act or omission of the indemnifying party or anyone directly or indirectly employed by that arty, or anyone for whose acts that party may be liable. 13. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota. e-SIBchillrep09a.XLS 3540 West Prospect Road Suite 201 Ft. Lauderdale, FL 33309 (954) 486-4808 FAX: (954) 486-4822 1-800-487-4808