FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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258 Mariah Circle Corona, CA 92879 (951)808.0081 w vvv. tolarmfg.com info@tolarmfg.com Customer: Project: Christy Kindig Bench and trash Projects Manager -Public Works receptacle pricing - City of Santa Ana Revised 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Quote No: 20823PM Date: 04122/21 Quote Expires: 30 Days Sales Contact: Patrick Merrick Phone: 951-547.8209 Email: pnierrick@to!arjnfq corn Lead Time: 12 Weeks From receipt of signed written order, and all requireo approvals. Terms: Net 30 Days From Invoice Terms subject to change. Final terms to be determined lased on credit history 8 bonding. Item: I Qt : Descri tion: i Price: Ext. Price: 5. Cancellation. If an order is cancelled by buy0r are, receipt of order authotilation, ano cancellation fee of 10%Of order value may be assessed to the buyer. in addition loan tire cost of materials purchased for the order', which may be. invoiced to the buyer at time of cancellation. 6. Delivery, T'.le and Redo or Unless otherwise provided in the proposalall shelters are prefabricated and shipped knock -down and in bulk format (not packaged ndlvidually) for ease Of handling and fast on -site installat on. Neither buyer nor consignee snail nave die right to direct Or fe-consign the goods to any other destination without our consent. All sales of products are F.0.8. our plant. Risk of loss of the products snail transfer to buyor upon delivery of the products to the common carrier. 7. Delivery Charges'. Lnloss otherwise provided in me Proposal, buyer shell bear all the costs of «ansponat on, inchIding without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2-hour unload window for a fill truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary. 8. Delivery Dates: Any delivery date(s) or penod of delivery provided for in me Proposal Is approximate and does not guarantee a particular pair or period of delivery. Estimated lead limes are provided in Me grote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, oy fire flood. explosion, casualty, r.ot. strike., embargo, transportation delay., oreakdown, accident. act of Goo or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping Space or any otner circumstances beyond our reasonable control. 9. Delayed Shipment: If buyor delays shipment, we may invoice for products wnen ready for shienonl and, at our option, we may charge reasonaole daily storage fees 10. International Freight. We require me services of freight forwarder for all internatonal shipments_ Buyer may Seidel the freight forwarder, subject to our approval_ All fees, [axes and audit coal charges, in addit On to the actual freight costs, are the responsibility of buyer. 11. Returns: Due to me custom nature of our products. we cannot accept returns and we cannot permit cancellations once work has commenced. 12. Manufacturer s Warrenry: Our manufacturers warranty Is set forth in a separate document. 13. Limitation of Liability: WE ARE NOT LIABLC TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL. INCIOLNTAL. INDIRECT, CONSEQUENTIAL, PUNITIVC OR EXEMPLARY DAMAGES OF ANY K'.ND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER T IIE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USL. LOSS OF RF.VF.NUE OR COS'r OF CAPITAL. EXCEPT FOR PERSONAL.. INJURY OR DEATH DUE 10 OUR MISCONDUCT, BUYFR AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED .N CONTRACT'.'fOR'f OR OTHERWISE. SHALL NOT EXCEED THE TOTAL.. PAID BY BJYER TO US UNDER THE PROPOSA'-. BUYER AGREES THAT THE. ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL. RFMAIN IN FULL FORCE AND EFFECT EVEN .F IT is FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Governing Law. Jurisdiction and Venue: Tne Proposal shall be governed by and construed in accordance with the laws of the Stale of California w!d out reference to the choice of law principles thereof Eecn party irrevocably submits to the jurisdicton Of tale Courts of the State of califonna and the United States District Court for the Central District of California. 15. Amendment No amendments to these. Terms and Conditions can be made unless submitted in writing to Lis and signed and accepted by our PrOSldent or his designee. City Council 17 — 6 6/15/2021 Page 2 of 2 Initials: