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Ex+r�3 T A
<br /> Paul's Machine&Welding Corp.
<br /> 650 N.Sycamore St.,Villa Grove,IL 61956
<br /> DA C S United States
<br /> We Bu:ld Solutions oFFlce 800.642.2541 FAx 217.832.3311
<br /> PAULSMACHINE.COM
<br /> Quote Number: 50913 QUOTE Page: 3 of 5
<br /> STANDARD TERMS AND CONDITIONS OF SAL
<br /> raPPLICASILmr
<br /> This proposal must be accepted on its exact terms. Acceptance by Paul's Machine&Welding Corp.("PAUL'S"or"we")of any order is conditioned on and shall constitute your agreement to,,
<br /> these Standard Terms and Conditions of Sale,and agrees to furnish products and services only upon these terms and conditions.These Standard Terms and Conditions of Sale shall
<br /> supercede and control any contrary provision in any other document or agreement between the parties,including,without limitation,any proposed terms or
<br /> conditions set forth in any acceptance,acknowledgment or similar instrument delivered to PAUL'S by the party purc asing goods,products or services(together with your
<br /> successors,assigns,employees,agents and insurers,"you"or"Customer"). Any contrary terms or conditions in your purchase order,acknowledgement,or any other writing,regardless of
<br /> how or when received by us,are not acceptable,do not modify these terms and conditions,and are not a part of the contract between us.Any representations made by sales
<br /> representatives,employees,or agents of PAUL'S inconsistent with these terms and conditions shall not be binding on PAUL'S and Customer shall not rely thereon.
<br /> PROGRESS BILLING
<br /> PAUL'S may at its discretion bili Customer from time to time for work or service an amount based on percentage of completion of work or service. In some cases,this could result in
<br /> multiple invoices within the same calendar month.Customer will remit payment for said work or service immediately upon rete pt of invoice regardless of customer's established payment
<br /> terms for invoices submitted upon completion of work or service.
<br /> FINANCING CHARGES
<br /> All past due balances are subject to a finance charge of 18%per annum or 1-1/2%per month.All invoices over 30 days from ihvoice date will be considered delinquent,and could cause
<br /> PAUL'S to stop work or cease production and shipment of your order. No statement will be sent. A service charge of$35.00 will be assessed for all NSF checks.
<br /> CUSTOMER'S RESPONSIBILITIES
<br /> Customer is solely responsible for the layout,design,construction,monitoring and maintenance of its plant,facilities and equipment(including electrical facilities),and the supervision and
<br /> peratin
<br /> training of its employees,customers and visitors. Customer shall establish and require the use of proper and safe op, pr edures,and shall not remove,disable or modify any devices
<br /> or warnings on goods provided by PAUL'S. Customer acknowledges that installed systems and equipment require frequent inspection and maintenance. Except as specifically included in
<br /> our proposal,Customer shall:
<br /> Be responsible fcr safe and proper engineering and installation of products and equipment,including the adequacy of f ations,support members,electrical facilities,hydraulic
<br /> facilities,piping and hoses,and all required facilities shall be provided in a timely manner with respect to any installation y PndAUL'S.
<br /> •Erect and maintain,as required by the nature and progress of any installation work performed by PAUL'S,suitable barn rs,safeguards and safety devices for the protection of
<br /> operators,workers,Customer's and Paul's employees and visitors,and members of the public,in accordance with prevail! codes and'industry standards.
<br /> •Assure the accuracy and maintenance of appropriate signage regarding usage and safety of installed equipment,
<br /> •Protect any work being performed by PAUL'S from damage,vandalism,or tampering.
<br /> Promptly notify PAUL'S of any unsafe condition relating to Customer's plant,any work site,or any product or equipment used or to be installed by PAUL'S.
<br /> •Be responsible for compliance with environmental and other laws in connection with its operations and any installation covered hereby.
<br /> •Provide PAUL'S with reasonable and adequate storage for tools,materials and equipment in connection with any installation.
<br /> •Provide reasonable assistance with competent personnel of Customer in connection with any delivery or installation of product.
<br /> •At the request of PALICS,designate a project leader as the primary source of communications between the parties.
<br /> The foregoing obligations of Customer shall survive any termination or expiration of any purchase contract and completion of tt a Work.
<br /> ACCURACY OF ORDER
<br /> It is the Customer's responsibility to promptly review any proposal,purchase order,acknowledgement,or other document evidencing your order and notify PAUL'S of any errors.
<br /> CHANGE AND CANCELLATION
<br /> Any change in your order shall be binding on PAUL'S only if accepted by PAUL'S in writing. Cancellation of your order will resul,in forfeiture of 50%of the contract price.Changes
<br /> requested by Customer must be in writing.If the cost of materials,components,fabrication,packaging,or time required for,arty changes accepted by PAUL'S are increased as a result of
<br /> change,PAUL'S.will adjust the order price and/or delivery schedule.
<br /> WARRANTIES
<br /> PAU!'S snakes no warranties,whether express or implied,except as provided by PAUL'S in writing(see separate Warranty). Pal's sole obligation under any warranty provided shall be
<br /> ;invited to the repair or replacement of any materials deemed by PAUL'S to be defective at the time of shipment. In no events all PAUL'S be liable for consequential,incidental,or other
<br /> damages in excess of the cost to repair or replace any defective goods. No warranty shall apply to any product which has been subject to misuse;misapplication;disassembly;neglect;
<br /> improper storage,installation,maintenance,lubrication or repair;or use or attachment to other facilities or equipment. Paul's maximum liabilityshall in no event exceed the
<br /> purchase price of anyparticular goods sold hereunder which are shown to be defective.
<br /> PAUL'S MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTY OF MERCHANT L.ITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> LIMITATION OF LLLBL
<br /> IN NO EVENT SHALL PAUL'S BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL,INCIDENTAL OR SPECIAL DAMA ES,WHETHER IN CONTRACT(INCLUDING BREACH
<br /> OF WARRANTY)TORT(INCLUDING STRICT LIABILITY)AND INCLUDING BUT NOT LIMITED TO LOST PROFITS OTHER ECONOMIC LOSS.
<br /> RECEIVING DAMAGED MATERIALS
<br /> it is the Customer's responsibility to check all shipments for damage(concealed or obvious).If shipment is damaged or incomp te,note it on the shipping ticket.Your signature on the
<br /> shipping ticket confirms that you did receive all items and in good condition,except as otherwise noted,and absolves PAUL'S o any responsibility therein.Minor cosmetic blemishes or
<br /> scratches are not considered defects.Damages after delivery or installation are not the responsibility of PAUL'S. Charges and c edits will not be accepted or allowed unless authorized by
<br /> ar authorized representative of PAUL'S,in advance,in writing.
<br /> SHIPMENTS DAMAGED BY COMMON CARRIER
<br /> It is the Customer's responsibility to file all freight claims for shipments damaged by common carrier.PAUL'S is responsible only for producing and loading the products in good condition.
<br /> All risk of loss and damage to products shall pass to Customer upon the earlier of delivery by PAUL'S to(a)any common carrier or(b)Customer.
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