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1160 Railroad St. Quote
<br />Corona, CA 92882
<br />T: 800.862.3202
<br />w and -s.com
<br />COMPANIES
<br />IT Ill,
<br />GENERAL TERMS AND CONDITIONS - Continued
<br />Quote No:
<br />39080
<br />Date:
<br />10/2912016
<br />Expires:
<br />12/2812015
<br />Customer No.:
<br />CITYOFSANT
<br />Page:
<br />6 of 5
<br />9. WAIVER OF BREACH:
<br />Time and the punctual performance of each and all of the terms, provisions and agreements hereof are of the essence of this agreement, except as herein
<br />otherwise expressly provided; no waiver by either party hereto of the nonperformance or breach of any term, provisions, condition or agreement hereof or of
<br />any default hereunder shall be construed to be, or operate as, a waiver of any subsequent nonperformance, breach or default.
<br />10. TERMS OF AGREEMENT:
<br />All of the terms, provisions and agreements hereof shall be binding upon the successors, assigns or legal representatives of the respective partles hereto;
<br />provided, however, that the Interest of Buyer herein shall be transferable only with the written consent of Seller.
<br />11. SERVICE WIRING COST OF ELECTRICITY, REINFORCEMENT OF BUILDING, PHYSICAL CONDITIONS:
<br />Buyer shall bring feed wires of 110 volts (unless otherwise specified) an approved type to the location of Display prior to time of Installation and shall pay for all
<br />electric energy used by Display and shall be responsible for the supply thereof. Unless specifically stated in writing to the contrary, Buyer shall provide all
<br />necessary reinforcements to the building on which Display Is Installed. Buyer shall pay for costs of relocating power lines, or other obstacles, to comply with
<br />laws of Federal, State or Municipal agencies.
<br />(a) Signs requiring subsurface preparation (pole signs and monument signs). The price fixed herein Is based on the assumption that installation will be In
<br />normal soil. In the event adverse soil conditions or underground obstructions are encountered, the parties agree to adjust the extra Installation cost
<br />based on Seller's additional cost. Buyer shall determine position of display. In the case where below surface drilling and preparation for installation Is
<br />required, Seller is excused from any responsibility for damage, which may be Incurred In this preparation, and these responsibilities are transferred to
<br />the Buyer.
<br />(b) It Is the buyers' responsibility to prepare all freestanding sign locations at level grade, unless a provision has been made by seller to the contrary .
<br />Seamed locations requiring additional sign foundation and/or concrete pad, leg or base extensions or modification, dirt or landscape material Imported to
<br />the sign location will be at additional cost to the buyer.
<br />(c) Letters to be mounted on exterior side of wall.
<br />Electrical system to be contained In transformer box with flex crossovers on Interior of wall unless raceway Is specified. Access for Installation in front of
<br />and behind wall must be available at time of installation. Though wall installation is assumed to be an normal stucco, wood or soft brick facing, if unique
<br />circumstances inside well are discovered by Installer, Buyer, If available, will be notified. In any event, Buyer shall be billed for special labor on a time
<br />spent basis. In cases where core drilling Is required, this Is considered unusual circumstances and will be billed at $120.00 per hole In addition to
<br />contract amount in clause 6.
<br />(d) In the event certified welding with on site special city (or county) Inspection is required, this cost Is additional and will be due upon completion of
<br />progressive work,
<br />(e) Landscape Irrigation should be prepared or adjusted so water does not sprinkle or flood signs. Continuous or regular sprinkling of these signs, nullifies
<br />and will render void the warranty.
<br />Sign will be connected to an approved electrical sign circuit of adequate capacity, If available at time of installation, and within 5 unobstructed feet of display
<br />location. In event, installation shall be considered complete at time sign Is tested. Should we be required to return to connect electrical not available at time of
<br />installation, additional labor at $120.00 per hour will be billed for the time to connect the sign.
<br />All dimensions are close approximate and may vary due to existing conditions at job site
<br />12. WARRANTY:
<br />Seller warrants that Display will be free from defects In materials (except as to lamps) or workmanship for a period THREE (3) MONTHS after delivery or
<br />installation. The foregoing warranties are exclusive and in Far of all other warranties of merchantability, fitness for purpose and of any other type, whether
<br />express or implied.
<br />13. INSPECTION:
<br />Buyer shall inspect the display immediately upon installation, and shall notify Seller In writing of any defects or variances therein. In the absence of any such
<br />written notification within five (5) days after Installation, the display shall be deemed in all respects approved and satisfactory to Buyer.
<br />14. LIEN RIGHTS:
<br />It Is agreed that Seller shall have the right to file a 20 day Preliminary notice to the owner and Lender on the project. At Sellers request the necessary
<br />information will be provided so that the proper notifications can be mailed to the relevant parties.
<br />15. AGREEMENTS:
<br />There are no understandings, agreements, warranties, or representations, either oral or written, expressed or implied, statutory or otherwise, including
<br />warranties or merchantability, quality of fitness, relative to this order that are not fully expressed herein, and no change or modification of this order shall be
<br />made unless agreed to In writing and signed by both parties,
<br />16, GOVERNING LAW:
<br />This Contract shall be governed by the laws of the State of California. The parties specifically and irrevocably agree, to submit any controversy or claim arising
<br />out of or relating to this Contract, or the breach thereof, to resolution by arbitration in accordance with the commercial arbitration rules of the American
<br />Arbitration Association (A.A.A.). A. judgment upon any award rendered by the arbitrators shall be entered by a court having subject matter jurisdiction therein
<br />and all parties expressly waive any challenge to the use of arbitration in accordance with this Paragraph. The parties hereto agree that jurisdiction and venue
<br />for the hearing of the arbitration and the entry of judgment upon said arbitration award shall be in Riverside County, California. The arbitrators are directed to
<br />award the expenses of the arbitration, Including required travel and other expenses of the arbitrators and any costs of the arbitrators' representatives, the costs
<br />and charges of the American Arbitration Association, all reasonable attorney's fees and costs, to the prevailing party in the arbitration. If the parties waive their
<br />rights to Arbitration, which waiver must be in writing and signed by the parties, they agree that any court of competent jurisdiction shall award the costs of the
<br />suit, including reasonable attorney's fees and expenses, to the prevailing parry.
<br />M Sig nag a +Fabrication 11 Displays- I- Fixtures
<br />25C -39
<br />Buyer Initial'
<br />Lighting + Main s e nonce
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