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DocuSign Envelope ID: 440EC5ED-7173-4C14-A8C2-CB4E1C47BF65
<br />UC, 1$ 685) 92 / DOSH # 884
<br />A*INC.
<br />AMERICAN
<br />WRECKING
<br />}
<br />TERMS AND CONDITIONS OF DEMOLITION PROPOSAL
<br />You (the "Customer") andAmerican Wrecking, Inc. ("AWP) agree asfollows:
<br />1. WRITTEN AGREEMENT TO ADDITIONAL TERMS, The specifications, terms and conditions
<br />contained on the front and back hereof ("the Agreement") may not be varied by Customer's
<br />purchase order or any other document generated by Customer. Any additional or different
<br />terms proposed by Customer are hereby rejected and shall be of no ferta or effect unless
<br />expressly agreed to in writing by on officer Of AWI.
<br />2. SUPPLIES AND MATERIALS. AWI shall hove the sole right to choose the suppliers from
<br />whom It purchases supplies end materials to be used In the performance of the work provided
<br />for under this Agreement,
<br />3 CANCELLATION OF ORDERS. Orden cannot be camceted except upon terms that War
<br />componsate AWI for any and oil loss, Including, without limitation, the cost of any specially
<br />ordered materials and an amount for normal overhoodand profit,
<br />4, WAIVER OF CLAIMS. All claims for mBmgod defects, damages, or shartsges In the finished
<br />work lumished by AWI shall be deemed Irrevocably waived unless Customer makes such claim
<br />in writing within sixty (60)dmy3 of substantial completion of the work by AWI.
<br />5, EXCLUSION AND LIMITATION OF WARRANTIES, AWI WARRANTS THAT THE FINISHED
<br />WORK WILL BE AS DESCRIBED IN THIS AGREEMENT, BUT AWI MAKES NO OTHER EXPRESS
<br />WARRANTY WITH RESPECT TO THE FINISHED WORK. AWI DOES NOT WARRANT THAT THE
<br />FINISHED WORK IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY
<br />PARTICULAR PURPOSE.
<br />6. LIMITATION OF UAMUTY, AWI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, SUSTAINED OR
<br />INCURREO By CUSTOMER IN CONNECTION WITH THE WORK AND MATERIALS FURNISHED
<br />UNDER THIS AGREEMENT, AWI'S LIABILITY FOR BREACH OF THIS AGREEMENT, AND
<br />CUSTOMER'S REMEDY THEREFOR, SHALL BE LIMITED TO THE CONTRACT PRICE OF THE WORK
<br />TO BE FURNISHED, AS SET FORTH ON THE REVERSE HEREOF, OR THE COMPLETION OF THE WORK
<br />UNDER THIS AGREEMENT, AT THE OPTION OF AWI.
<br />7. FORCE MAIEURE. AWI shill have no IlaWlty for delays In the performance, or non-
<br />performance, of this Agreement occeslarl by causes beyond the control of AWI, Including,
<br />without limitation, sets of God, war, strikes, lockouts, fires, Inebility to obtain materials or
<br />shipping space, equipment breakdown, delays of carriers or supplletl and governmental acts
<br />and regulations.
<br />B, ALTERATIONS. Any work Customer requests AWI to perform that driers from or Is In
<br />addition to the original specifications set forth an the reverse harmer is a change. Such changes,
<br />different or additional work shall be billed to end paid by Customer.
<br />9, PAYMENT TERMS. Customer shall pay AWI to full upon job completion If the time to
<br />complete the work does not exceed fifteen (15) calendar days unless a progress payment
<br />schedule Is set forth In the Agreement. Otherwise, payment shall be made in accordance with
<br />the Agreement's payment schedule, or, if there Is no such schedule and the work excaedsfiftean
<br />(1S) calendar days, from time to time In accordance with the value of the work performed and
<br />the materials provided and actually delivered to Customer's job site. AWI shall submit Invoices
<br />to Customer pursuant to the foragaing terms. Invalces ore due upon presentation, Accounts
<br />which are not paid within 30 days from Invoice date shell bear Intsfest at the rate of 1 1f2
<br />percent and/or this maximum rate allowed by the law, and shall be charged a S10.00/month
<br />collection charge,
<br />10. SCHEDULING AND PRICE. if preferential scheduling I$ required to meat Custamer's
<br />requirement., AWI shall have the right to adjust the prices to reflect such scheduling.
<br />11. NOTICE TO CUSTOMER. Contractors ere required by law to be licensed and regulated by
<br />the Contractor's State License Board. Any cluestlbnt concerning a contractor may be referred to
<br />the Registrar, Contractor's State License Board, 9835 Goothe Road, Sacramento, CA. 95627.
<br />Mailing address, P.O. Box 26000, Sacramento, CA. 95927.
<br />12. ASBESTOS. Unless specl6colly provided for on the reverse of this Agreement, AWPs scope
<br />of work shall not Inctude thm identification, detection, abatements, encapsulation or removal of
<br />asbestos or similar haaardous substances. If AWI encauriGars any such products or materials In
<br />the course of performing hs work, or If such he ardous materials are encountered byany firm
<br />performing work at thejob site and AWI determines that such materials present a hazard to its
<br />employees, AWI shall have the right to discontinue Its work and remove It's employees from the
<br />job slto until such products or materials, and any hoards con netted therewith, are located mod
<br />abated, encapsulated or removed, or It Is determined that no hazard exists Jos the case may
<br />require), and AWI shell receive on extension of time to complete Its work hereunder and
<br />compensation for delays encountered as a result c such situation and correction.
<br />13, HAZMDOUSMATEAIALS. Customer hereby agrees to Indemnify, derand and hold hofrnles5
<br />AWI from and against any and all damagem, tosser, obligations, IIbllities, fines, penalties, claims
<br />whether well-founded or net), actions or causes of action for whatever kind
<br />or hature, which may be made, asserted, maintained, enforced,'@cured against or sustained or
<br />suffered by AWI, In whole or In part, by mason of, or arising out of, or relating to, the presence,
<br />whether discovered or not, known or not known, of any hazardous materials located an the
<br />property where theproject is located mod further, to defend. Indemnifyend hold AWt harmless
<br />from and against, any and all claims, lawsuits, losses, liabilities, damages, fines, penalties and
<br />mperites (inctuding, without limitation. clan n•up costs and reasonable attorneys' fees arising by
<br />reason of any of the aforesaid or any actlon against AWI under this Indemnity) arising directly
<br />or Indirectly from, In Whole or In part out of or by reason of env breech of any provision of this
<br />paragraph, any environmental or reguiatary visitations, or any Hoacdous Discharge or
<br />Environmental Complaint related to the Promises or any Items located thereon, whether or not
<br />Initlatad or occurring prior to or after the work performed by AWI and whether of not Customer
<br />has any claim for reimbursement or Indemnity for any third party, except as to such items
<br />caused solely by the act or negligence of AWI While It uses or Is working an the project
<br />custom esobllgstlon under this paragraph is wilhoutany exclusion orlimltatlon whotsaewer.
<br />14, INDEMNIFICATION. Customer shall Indemnify, defend and hold AWI and Its offlsars,
<br />directors, shareholders, employees, agents and representative' {the 'Indemnified Pantie)
<br />harmless from any and all loss, cost, expense and damages en accountof any and all manner of
<br />claims, demands, actions and proceedings thatmay be Instituted against my Indemniflad Party
<br />on any and all grounds, regardless of responslblllty, for negligence and which mlght srlre In
<br />connection with the agreed work, Customer agrees to defend promptly and continue the
<br />defense of any such claim, demand, action or proceeding that may be brought against any
<br />Indemnified Petty at the Customer's sole expense, provided that such Indemnified Party shall
<br />promptly notify Customer with respect thereto, and provided further that such Indemnified
<br />Potty shall give to Customer reasonable time in which to undertake and continue the defense
<br />thereof.
<br />15, TAXES. Appropriate state end local taxes will be added to all appltabielnvoices, II anylob
<br />or portion thereof believed to be exempt from sales tax Is determined subsequently to be
<br />taxable, Customer shall hold AWI harmless from the tax liability assessed and pay the toxdue.
<br />16. BANKRUPTCY. If either party makes an assignment for the benefit or creditors, admits In
<br />Writing its Inability to pay its debts at they become due, files a voluntary, or hot flied against It
<br />on Involuntary, petition for bankruptcy or reorganization, Is odjudiated s bankrupt or Insolvent,
<br />or applies f or or consents to the a ppointment of a recolver for it or Its property, the other party
<br />may terminate this Agreement by written notice. Such terminotlon shell not relieve either parry
<br />from anyabllgatlon accrued hereunder up to the date of recelpt of notice of termination.
<br />17, ARBITRATION. Any controversy orelelmarising Out Oforrahtingtothis Agreement, orthe
<br />breach thereof, shall be settled by arbitration In accordance with the then prevailing rules of
<br />the Amarkein Arbitration Association, and judgment upon the award rendered by thearbltfstar
<br />maybe entered In any court having jurisdiction thereof.
<br />18, ATTORNEYS' FEES. In any action at law or In equity to enforce any of the provisions or
<br />rights under this Agreement, the unsuccessful party to such action or prcceedl% os doterinlned
<br />by an arbitrator in a final Judgment or by court of law in a final judgment at decree, shah pay
<br />the successful party all costs, expenses and reasonable attorneys' fees Incurred therein bysuch
<br />pony (Including, without limitation such costs, expenses and fees on any mppemi), and H such
<br />successful Party shall recover judgment In any such acllan or proceeding, suchicci expanses
<br />end attorneys' ties shall be Included as part of such judgment.
<br />19 INTEGRATION. This Agreement constitutes the entire agreement between the parties
<br />pertaining to the subject matter contained In it and supersedes all prlof agreements,
<br />representeclans and understandings of the parties. No supplement, modification or
<br />amendment of this Agreement shall be binding unless executed in writing by the party sought
<br />to be bound, and/or no waiver of any of the provisions of this Agreement shall be deemed, or
<br />shall constitute a waiver of any other proylslcn, whether at not slmdar, nor shall any waiver
<br />constitute a continuing waiver. No waiver shall be binding unless executed In writing by an
<br />officer of AN, if AWI Is the party making the waiver, or by Customer, if Customer 11 the petty
<br />making the Waiver.
<br />20. GOVERNING UAW. The laws of the State of California shall govern the vol lty of this
<br />Agreement, theconitruction of its terms and the Interpretation of the rights ancidutiem of the
<br />parties. Any and all litigation or arbitration between the parties shall be or brought and
<br />maintained In Los Angeles County, California.
<br />Initial
<br />jnitial
<br />AMERICANWRECKfNGINC-00M 2459 LEE AVENUE, SOUi14 EL MONTE, CA 91733 OFFICE: 1626)360•$303 • FAX_ 16261150'B322
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