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TERMS AND 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 change of 1 '/:%per month(18%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 /> LITY AND FITNESS FOR PURPOSE ARE THAT <br /> 4) SELLER'S EXPRESS AND THE MERCHANDISE QUOTED FULLY MEET <br /> SMEETS THE SPECIFICATIONS COES WITH REGARD TO NTAINED ON I 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 file 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.Seller 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 /> 6) Special merchandise,not a part of Seller's standard inventory,when manufactured specifically for Buyer,is the sole property of Buyer <br /> and shall not 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 pa rt. <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 terns and conditions may be modified,but only if in <br /> writing on the reverse aide or on a sopante instniment executed by all parties. <br /> CRANEVEYOR PRODUCTS <br /> • Overhead Traveling Cranes- C-V Pipe Handrail- <br /> Underhung Anodized Aluminum <br /> Top Riding Stainless Steel <br /> 4036 Series Ornamental Handrail Systems- <br /> • Yale Hoists- Anodized Aluminum <br /> Nand Chain IsieCraft@ <br /> Put-lifts Railtec- <br /> Air ClearVue <br /> Electric Aluminum Manhole Steps <br /> • Lug-All Winch Hoists • Aluminum Vault Covets and Frames <br /> • Ai-Torque t Shaft Couplings • Steel Bridge Railing <br /> • TransLifter(Reiocatable Crane System) • Storm Drain&Sewer Hardware <br /> • Miscellaneous Iron&Steel <br /> FI1214i LO vl' i��C QUOTATION NO. <br /> ACCEPTED BY: r- `�%I•✓' '' DATE: <br /> City Council 11 — 687 5/21/2024 <br />