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TERMS ANi7 CONDITIONS <br />This quotation is subject to approval of Buyer's credit <br />1) invoices are due and payable for all merchandise within 30 days following delivery. Cash discounts, if any, apply only to payments <br />Within this period. A charge of 4 '!2% per month (18°/o per annum) will be added after 30 days from date of invoice. When Seller is <br />strictly a material supplier, Seller is not subject to any retention clauses covered by any contract Between buyer and other parties. <br />2} Unless otherwise indicated, prices quoted do not include any applicable sales, use, excise, or other taxes. <br />3) Unless Buyer accepts delivery at Seller's plant or other agreed point, risk of loss or title to all merchandise ordered shall pass to Buyer <br />upon delivery to the specified delivery point of said merchandise. if Buyer accepts delivery at Seller's plant or other agreed point, risk <br />of loss or title passes when loaded on Buyer's vehicle. Buyer agrees to accept partial deliveries in installments or by lots and to make <br />payment for each such delivery in accordance with Paragraph 1 hereof. Buyer's right of final inspection is limited to the place and time <br />of delivery. <br />} SELLER'S EXPRESS AND IMPLIED ES WITH REGARD TO MERCHANTABILITY AND FITNESS FOR PURPOSE ARE THAT <br />THE MERCHANDISE QUOTED FULLY MEETS TIHE SPECIFICATIONS CONTAINED ON THE REVERSE SIDE OR ATTACHED THERETO. <br />5) Damaged merchandise must be noted on the delivery ticket at the time of delivery to hold Seller liable for said damage. Back charges <br />will not be recognized unless prior written authorization is obtained from Seller. Return merchandise shall be loaded and shipped at <br />Buyer's risk and expense. Buyer must fife any legal action for failure to meet specifications within one year from the date of delivery or <br />whenever the cause of action accrues. Seller's liability for damaged or defective merchandise is limited to an obligation to repair or <br />replace said merchandise or to refund Buyer's payment in cash or by credit_ Seller shall not be liable for any incidental or <br />consequential damages, and Buyer agrees to hold Seller harmless for any injury or damage to person or property occurring at or after <br />delivery relative to the ordered merchandise. Seiler shall not be liable for damages, delays or failures in performance caused by <br />conditions beyond Seller's control including, but not limited to strikes, lockouts, inclement weather, government allocations, priorities, <br />restrictions, or regulations, acts of public enemies and natural disasters. <br />15) Special merchandise, not apart of Seller's standard inventory, when manufactured specifically for Buyer, is the sole property of Buyer <br />and shall nat be returned without Seller's prior written consent. <br />7) Without prior written consent of the Seller, Buyer shall not assign this contract in whole or in part. <br />8) No promises, agreements or understandings have been made or implied other than those contained herein. No agent or salesperson <br />has the authority to obligate the Seller to any terms, stipulations or conditions not expressed in this quotation. No modification to this <br />agreement shall be binding upon the Seller unless approved in writing by an officer of the Seller. <br />9) Upon default by Buyer, in payment or otherwise, Seller has available all rights and remedies under federal, state, or local law. Buyer <br />agrees to pay Seller's costs, including reasonable attorney's fees, incurred in exercising Seller's rights and remedies herein. <br />10) Buyer's acceptance of this quotation indicates agreements to the above terms and conditions, which together with the reverse side <br />hereof and any attached specifications constitute the entire agreement These terms and conditions may be modified, but only if in <br />writing on the rever-so side or on a svparatL� instrument executed by all parties. <br />GRANE,VEYOR PRODUCTS <br />0 overhead Traveling Cranes - <br />Underhung <br />Top Riding <br />4036 Series <br />u Yale Hoists - <br />Hand Chain <br />Put -lifts <br />Air <br />Electric <br />Lug -All Winch Hoists <br />At -Torque & Shaft Couplings <br />• Transt_ifter (Relocatable Crane System) <br />FIRM: Lon [:. < <br />ACCEPTED BY: <br />C-V Pipe Handrail - <br />Anodixed Aluminum <br />Stainless Steel <br />Ornamental Handrail Systems - <br />Anodized Aluminum <br />IsleCraft@ <br />Raiitec— <br />ClearVue <br />• Aluminum Manhole Steps <br />• Aluminum Vault Coveys and Frames <br />• Steel Bridge Railing <br />• Storm Drain & Sewer Hardware <br />• Miscellaneous Iron & Steel <br />QUOTATION NO. <br />DATE: I 2 3 <br />