|
A-
<br /> Paul's Machine&Welding Corp.
<br /> 6SOSycamore St.,Villa Grove,IL 61956
<br /> "PA UCS
<br /> United
<br /> d States
<br /> We Build Soluticns OFFICE 800.642.2541 FAx 217.832.3311
<br /> PAULSMACHiNEXOM
<br /> Quote Number: 50913 QUOTE Page: 4 of s
<br /> A C2P'TANCE OF WORK
<br /> Ail n5tal{Ation work is deemed accepted upon completion,unless Customer shall object to any work or materials,in writing,wi in five(5)business days after completion.
<br /> RETURNS
<br /> No product,service,work or material may be returned or rejected after acceptance by Customer,except as provided in separate Warranty.
<br /> DELIVERY AND UNLOADING
<br /> All product,shall be shipped F.O.B.as designated in our proposal.A delivery schedule will be sent for confirmation prior to del' ery. PAUL'S shall not be responsible for any delays in
<br /> shipping,regardless of the cause of such delays. Dates for delivery are estimates only,and are subject to delay based on avail bility of components and materials,and production capacity.
<br /> PAUL'S and its carriers may require unloading assistance from you.Excessive unloading times shall result in additional deliver charges.
<br /> INTERPRETATION;GOVERNING LAW;COURTS;TIME
<br /> 11 transactions shall be interpreted,construed and enforced in accordance with the laws of the State of Illinois,without regard principles of conflicts of laws. The parties hereto agree
<br /> tat+n any dispute between them,exclusive jurisdiction shall be in the trial courts located within Champaign or Douglas County Illinois;any objections as to jurisdiction or venue in such
<br /> ourts being waived. Any claim or action relating in any way to the transactions covered hereby must be brought within I year from the date of delivery or installation of any product which
<br /> ,_<rise to such claim.
<br /> T,-" IES 1 PERMITS
<br /> Q:,oced prices do not include sales,use,excise,and similar taxes and duties. Customer is solely responsible for all federal,state and local taxes and excises imposed on the sale and
<br /> _;:;:livery of goods hereunder,and shall pay or reimburse PAUL'S for the full amount of such taxes,on demand. Customer shall obtain and pay the cost of any required permits.
<br /> is DEMNITY
<br /> Customer agrees to hold PAUL'S,its officers,directors,shareholder,agents,employee,and insurers,forever harmless from and;against any and all liability for loss,cost,damages,fines,
<br /> penalties,suits,claims and expense_(including,but not limited to,reasonable attorney's fees and costs to enforce this indemnity)threatened,incurred or arising out of or by reason of:
<br /> Customer's purchase,use,purchase,possession,sale,use,repair,maintenance or installation of any material or product of PAIL'S;any resale or transfer of any goods or products;death,
<br /> bodily or personal injury to person,or damage to property by whomsoever suffered,claim to have resulted from,or from the u of such goods,products or services;the failure by
<br /> Customer to comply with applicable laws,rules and regulations relating to safety;or any other breach by Customer of any law,�tatute,ordinance or administrative order,rule or regulation,
<br /> including,without limitation,any rules of the Occupational Safety and Health Administration.
<br /> In connection with the foregoing,Customer also agrees upon Paul's request to immediately assume the handling,adjustment and defense of any claim,allegation,suit or action covered by
<br /> the foregoing. Without waiving any of its rights hereunder,PAUL'S specifically reserves the right to participate in the handling,adjustment and defense of any such claim,allegation,suit or
<br /> action,which participation shall be at the cost and expense of Customer.
<br /> WAIVERS
<br /> customer,for itself and'its successors,assigns and insurers,irrevocably waives any and all claims or rights Customer now has cr may have against PAUL'S on account of Customer's
<br /> purchase,use,or ownership of PAUL'S products or services;waives any rights of subrogation against PAUL'S for all claims or I paid or suffered by Customer or its insurers and covered
<br /> by any insurance or indemnification provision set forth herein.
<br /> INSURANCE
<br /> PAUL'S maintains certain liability insurance for its own benefit,with such coverages and limits as PAUL'S deems appropriate. Customer is not a named insured under any such coverages
<br /> arid PAUL'S reserves the right to change such coverage at any time without notice. Any obligations of PAUL'S to provide additional insured status to Customer is applicable only to the
<br /> xtent of any loss or claim relating to any act or omission of PAUL'S or any persons,agents or firms under its control.
<br /> ASSIGNMENT,BINDING EFFECT
<br /> This,proposal is personal to Customer and Customer may not assign any rights or obligations in connection herewith without the prior written consent of PAUL'S.These terms and
<br /> conditions shalt inure to the benefit of and be binding upon PAUL'S and Customer,and their respective heirs,executors,administrators,insurers,personal representatives,successors and
<br /> permitted assigns,and no other person or entity shall have any right to rely on this Agreement or to claim or derive any benefit therefrom.
<br /> RCE MA7EURE
<br /> Performance by PAUL'S is subject to failure,suspension or delay due to acts of God,war;strike or labor difficulties;ads of tern rism;riot or civil unrest;explosion,accident,food or
<br /> satzotage;lack of or inability to obtain adequate fuel,power,or raw materials;breakage or failure of machinery or apparatus;fire,damage or destruction to Customer's plant or Paul's
<br /> Mint,equipment or materials;governmental action or inaction beyond the control of PAUL'S;weather(including rain,snow,unpnticipated freezing,thawing or cold,and wind,tornado,
<br /> hurricane,earthquake,storm or similar natural disaster);delays in shipment or customs clearance,embargoes,acts or failures f common carriers or lack of transportation equipment,
<br /> compliance with any law,regulation or order of any public authority and any other causes or forces beyond Paul's control. Anysuch failure or delay shall not subject PAUL'S to any liability
<br /> and Shall not affect the terms of any order.
<br /> PROPRIETARY RIGHTS r
<br /> Customer agrees that all designs,constructions,arrangements,disclosures and devices shown or described in any proposal,purchaser order,or acknowledgement,as well as all drawings,
<br /> specifications,and documents forming a part thereof by reference or otherwise,are the sole and exclusive property of PAUL'S and are provided to Customer in trust and confidence.The
<br /> components,materials;and fabrication of all products sold by PAUL'S,and all trademarks,tradenames,service marks,Copyrights,and other intellectual property and similar rights
<br /> 1 s sole property of PAUL'S,and Customer shall have or take no right or interest therein,.
<br /> SCOPE OF WORK
<br /> Except to the extent included in our accepted proposal,PAUL'S undertakes no obligation to unpack or install any product or equipment. Except as specifically provided,work performed by
<br /> PAUL'S excludes any items described above under"Customer Responsibilities." Any materials or supplies required for any installation or maintenance services by PAUL'S shall,unless
<br /> enumerated in any proposal or purchase order,be invoiced to Customer in addition to the stated contract sum. Except as provided in our accepted proposal,costs of travel,meals and
<br /> lodging of PAUL'S personnel are in addition to any stated contract sum. The work of any installation by PAUL'S shall be deemed complete when the equipment is in place and functional,
<br /> after appropriate testing,as certified by PAUL'S. PAUL'S shall be entitled to rely on any information or representation of Customer relating to the work performed hereunder,including
<br /> compliance with local laws,specifications,and Customer's plant and equipment.
<br /> GuotForm:001:00
<br />
|