|
MIACoro a,CA9 St. Quote
<br />Corona, CA 92882
<br />7: 800.862,3202
<br />wvacad•a,cam
<br />COMPANIES
<br />M X M
<br />909ML TSRMS AND CONDITIONS • Conenod
<br />Quote No:
<br />39090
<br />Dale:
<br />10129/2016
<br />Expires:
<br />1212SI2016
<br />Customer No.:
<br />CITYOFSANT
<br />Page:
<br />6 of 0
<br />0, WAIVER OF BREACHt
<br />Time and the punatg01 p0d0milanca of each and all of the terms, provielona and agreements hereof Pro of the essence of this agmemom, except as herein
<br />Otherwise expresoty praAdodi no waiver by oiohet party I10MI0 Of the nonparrormonca or breach of any acrd, provisions, condition or agreemOnt hereof or 'of
<br />any default hereunder shall be oonstrued to be, or operate as, a WONOT of amysubsequenr nonpodermance, bread, or defoutb
<br />10. TERMS OF' AGREEMENT:
<br />All of the terms, provisions and mgroomaha hereof shall be binding upon the aucoeeaora, Resigns or legal ropmaanlativea of the respective parties instant;
<br />provided, however, that the Interest of Buyer heroin shall be frensfemble only with thewrliten consent of Sollor,
<br />11. SERVICE WIRING COST OF ELECTRICITY, REINFORCEMENT OF BUILDING, PHYSICAL CONDITIONSt
<br />Buyer shell bring toad wires of 110 volts (unless otherwise specified) An approved type to the location of Display prior to fins, Of InabOlatlon and shall pay for all
<br />electric energy used by Dlaplay and shell be responsible for the supply thereof. Unless speclAoally stated In walling to the contrary, Buyer shall provlde all
<br />necessary ralnforaemente a 914 building on which Dispay Is installed, Buyer shall pay for costs of relocating power lines, or other obstacles, to comply with
<br />laws of Federal, State or Wall agencies.
<br />(a) Signs requiring subsurface preparation (polo signs and monument signs), The price fixed heroin Is based on the 080ump119111 that Installation wlll be In
<br />normal aoll. In the event adverse, sort Conditions or underground obatfudlons Ora enaaunlered, Ilia parties agree to edjuat the extra Installation coal
<br />based on Geller% additional coat. Buyer Aholl defen ding position of display. In the case where below sorrow drilling end preparation for Installation is
<br />required, Seiler la O%WSed from any rosponalbllity for damage, which may be Incurred In this proparation, and these responalblllllea are transferred to
<br />the Buyer,
<br />(b) It Is the buyers' responsibility to papers all EOostandhil sign locations at IOVOI grads, Unless a provision has boon made by seller to the Contrary.
<br />named locations requiring oddlllonal sign foundation and/or Concrete pad, lag Of base extensions or modifisallon, old or landscape material Imported to
<br />Ilia Ali n location will be at additional cost to the buyer,
<br />(o) Letters to he mounted on exterior aide of well.
<br />Electrleu, ordain to Ae acclaimed in transformer box Will flex crossovers on Intodor of wall unless MOWay Is specified. Access for Installation in front of
<br />and behind wall must be available at time or Insallaflon. Though wail installation Is assumed to be on normal stucco, wood or soft brick facing, if unique
<br />chouinstancas Inside wall ere discovered by Instiller, Buyer, If available, wlll be rather. In Any event, Buyer shall be blind for special labor on a limo
<br />spent basis, In ,sass where care drilling Is required, this is considered unusual Cireumeanc0a and will be billed at a120,00 per holy in addition to
<br />Contract amount In alaesa 8.
<br />(d) In the event eonfliod welding Willi on Alta spoofs) city (Or county) Inspectlon Is required, this cost Is additional end will be due upon camplellon of
<br />progeossivO work,
<br />(e) Landscape frlintion should be proparad or adjusted so. water. doss not sprinkle or, flood, all Conllnuoua or regular sprinkling of these signs, nulllgee
<br />and will render void the warranty.
<br />Sign wlll be connected to an approved electrical sign Olmull of Adequso Capacity, If available at time of Insallolon, and within 0 unobstructed faster display
<br />location, in event, Installation shell be consluered complete at time sign to tested, Should we be required to return to 00011e0t electrical not available tit time of
<br />Installation, additional labor at $120.00 per hourwlll be 01 [ad for rho time to contract the eigm
<br />MI dimensions are close approximate and may very duo to existing conditloos al job site.
<br />12, WARRANTY;
<br />Seiler warrants that Display will be free from defeats In materials (Oxcapt CA to lamps) or workmanship for a period THREE (3) MONTHS Alter duiivOry or
<br />Installation. The foregoing warranties are exclusive and In lieu of all other warranties of merohan(ablity, 8lcees for purpose and or any other typo, Whether
<br />express of Implied, ,
<br />13, INSPECTION!
<br />Buyer shall Inspect the display Immediately upon IndAlln0om, and shag evilly Seller In writing of any aerosol of variances therein, In (he absence of any such
<br />written notification within live (6) days afar Inaalation, the display shelf be .deemed in all raspeote approved and saflafaotoly to Buyer.
<br />14. LIEN RIGHTS;
<br />It Is agreed that Seller shall have the right to file a 20 clay Proliminaty folio to trio owner and Lender on the projOCl, At Sellers request the necessary
<br />Information will be provided so that the proper notifications can he mailad to the mkavant panes.
<br />16, AGREEMENTSt
<br />There are no undermandings, agreements, warranties, or rapmsenla(tons, either oral at written, expressed Or IMP110d, statutory or elhenvlse, including
<br />warmnlios or merchantability, quality of fitness, relative to till$ order that are not fully expressed herein, and no change or modgicatkon of this order shall be
<br />made unless agreed to In writing and signed by both parfoo,
<br />16. GOVERNING LAW:
<br />This Contraes shall be governed by file laws of ilia Stale of Callfomla. The pantos speolloauy and Irrevocably 09109, to submit any controversy of ctalm gadding
<br />not of Or relating to this Contraei, or the breach thereof, to rasoiuilon by williratian In accordance with the meteoroid arbitration rules ur the American
<br />Arbitration Association (A.A.A,). A judgment upon any Award randered by mo a IAHOOROM shall be entered by a court having subject matter jurisdiction (herein
<br />end ail parties expmssly Walva any Challenge to Ilia use of arbitration In accordance with this Paragraph. The parties hereto A9MO that judsdlcllon and vamA
<br />for the hearing of the Inclination and the entry of judgment upon said arbitration award shell be In Itiverotdo County, California. 'Ilia arbitrator* ere direuled to
<br />swan) the 0xp0nces of the arbitration, Inoluding required travAi and other expenses Of the erbRMIOns and any costs of the adelualore representatives, the noels
<br />end ehargaa of the Amorlcan Adiltrallon Association, AN reasonable attorney's tees and costs, to ilia prevailing party In the arbitration, If the parties waive their
<br />rights to Arbitration, whoh welver must be In writing and signed by the parties, they agree, that any Court of ornmpalOnt juriediollon shall award me costs of the
<br />suit, Iloading reasonable attorney's fees and expenses, to the prevailing Perry,
<br />Buyel 1411101:__
<br />till Signa 0 o +ra b r I cat Ion 0 Displays +Fixtures IN Lighti_ng+ Maintenance
<br />
|