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TOLAR
<br />258 Mariah Circle
<br />Corona, CA 92879
<br />(951)808-0081
<br />www.tolarmfg.com
<br />info@tolarmfg.com
<br />Customer:
<br />Project:
<br />Christy Kindig
<br />Bench and trash
<br />Project Manager -Public Works
<br />receptacle pricing -
<br />City of Santa Ana
<br />Revised
<br />20 Civic Center Plaza M-21
<br />Santa Ana, CA 92702
<br />Quote No:
<br />20147PMR1
<br />Date:
<br />05/27/2020
<br />Quote Expires:
<br />30 Days
<br />Sales Contact:
<br />Patrick Merrick
<br />Phone:
<br />951-547-8209
<br />Email:
<br />pmerrick@tolarmfg.com
<br />Lead Time:
<br />12 Weeks
<br />From receipt of signed written order, and all
<br />required approvals.
<br />Terms:
<br />Net 30 Days From Invoice
<br />Terms subject to change. Final terms to be
<br />determined based on credit history & bonding.
<br />Item: I Qty. I Description: Unit Price: Ext. Price:
<br />1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed,
<br />printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field
<br />installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an
<br />additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement.
<br />2. Vendor Status: Toler Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor, and is not subject to retainage or liquidated
<br />damages for any reason.
<br />3. Payment Tens: Payment tens 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.
<br />4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5 % per month (18 % per annum) on the unpaid balance with
<br />respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney's fees, incurred in connection with enforcing the Proposal and/or
<br />collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further
<br />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 no right to setoff.
<br />5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10 % of order value may be assessed to the buyer, in addition to an the cost
<br />of materials purchased for the order, which may be invoiced to the buyer at time of cancellation.
<br />6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knockdown and in bulk format (not packaged individually) for ease
<br />of handling and fast on -site installation. Neither buyer nor consignee shall have the right to direct or re -consign the goods to any other destination without our consent. All sales of
<br />products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier.
<br />7. 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
<br />are based on estimates obtained at the time the quote was requested. Actual freight charges may vary.
<br />8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular dates) or period of delivery. Estimated lead
<br />times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo,
<br />transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other
<br />circumstances beyond our reasonable control.
<br />9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees.
<br />10. International Freight: We require the services of freight forwarder for all international shipments. 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 />11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced.
<br />12. Manufacturer's Warranty: Our manufacturer's warranty is set forth in a separate document.
<br />13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
<br />EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS
<br />OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN
<br />BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL
<br />NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN
<br />IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
<br />14. 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 />15. 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.
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