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<br />" ,- <br /> <br />J~HNSON <br />CONTR~LS <br /> <br />PROPOSAL <br /> <br />TERMS AND CONDITIONS <br /> <br />By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions: <br /> <br />1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching and painting are excluded. "In-line" duct <br />and piping devices, including, but not limited to, valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required hereunder to be <br />fumished by Johnson, shall be distributed and installed by others under Johnson's supervision but at no additional cost to Johnson. Purchaser <br />agrees to provide Johnson with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. <br />Johnson agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Johnson for any costs or <br />expenses without Johnson's written consent. <br />Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this agreement, JCI's obligations under this <br />agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, <br />removal, or disposal of environment Hazards or dangerous substances, to include but not limited to asbestos or PCB's, discovered in or on the <br />premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or <br />alter the scope of work or services to be performed by JCI shall not operate to compel JCI to perform any work relating to Hazards without JCI's <br />express written consent. <br /> <br />2. INVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all the materials delivered to the job site or to an off-site storage facility <br />and for all work performed on-site and off-site. Ten percent (10%) of the contract price is for engineering, drafting and other mobilization costs <br />incurred prior to installation (if applicable). This 10% shall be included in Johnson's initial invoice. Purchaser agrees to pay Johnson the amount <br />invoiced upon receipt of the invoice. Waivers of lien will be fumished upon request, as the work progresses, to the extent payments are received. <br />If Johnson's invoice is not paid within 30 days of its issuance, it is delinquent. <br /> <br />3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the <br />control and without fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shall be extended to <br />the extent thereof, and in the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) <br />be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available <br />substitute therefor. <br /> <br />4. WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal <br />usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson, for a period of one (1) year from installation. Johnson <br />warrants that for equipment furnished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and <br />conditions which Johnson receives from the manufacturer of said equipment. For equipment installed by Johnson, if Purchaser provides written <br />notice to Johnson of any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall, at its option, repair or <br />replace the defective equipment. For equipment not installed by Johnson, if Purchaser returns the defective equipment within thirty (30) days after <br />appearance or discovery of such defect, Johnson shall, at its option, repair or replace the defective equipment and return said equipment to <br />Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by Johnson shall be bome by Purchaser. <br />These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly <br />and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF All OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT <br />NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. <br /> <br />5. LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material <br />fumished or the work performed pursuant to this agreement. <br /> <br />6. TAXES. The price of this proposal does not include duties, sales, use, excise, or other similar taxes, unless required by federal, state, or local law. <br />Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Johnson or, altematively, shall provide Johnson with <br />acceptable tax exemption certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after completion and <br />acceptance of the work. <br /> <br />7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond <br />Johnson's control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the <br />Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of Johnson, etc. <br /> <br />8. COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state, and local laws and regulations and shall obtain all temporary <br />licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the <br />Purchaser. <br /> <br />9. ATTORNEYS' FEES. Purchaser agrees that he will pay and reimburse Johnson for any and all reasonable attomeys' fees which are incurred by <br />Johnson in the collection of amounts due and payable hereunder. <br /> <br />10. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be furnished when requested and required. No credit will be given <br />or premium paid by Johnson for insurance afforded by others. <br /> <br />11. INDEMNITY. The parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including <br />attomeys' fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the <br />negligent act or omission of the Indemnifying Party. <br /> <br />12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection <br />under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site. <br /> <br />13. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior <br />representations or understandings. <br /> <br />14. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by <br />Johnson in writing. <br /> <br />IMPORTANT: This proposal incorporates by reference the Terms and Conditions on the reverse side <br />hereof, or attached. <br />