Peterson Company 2125 South 400 West Salt Lake City, UT Ph: Fax: Ship To. Lehi, UT

Transcription

1 1800 W. letto Way 84043` ATTN: STEVE MARCHBANKS LEHI POOL STAIR TOWER AND CROSS OVERS 1 LOT FABRICATED PRICE 102, ,243.33T ISO-POLYESTER RESIN, DARK GRAY IN COLOR STAIR TREADS TO BE T3320 PULTRUDED GRATING, 33% O/A 2" DEEP LOAD BARS, POOL GRIT TOP, DARK GRAY W/ YELLOW NSG ALL STAIR TREADS TO HAVE A CLOSURE PLATE ON BACK ALL LANDINGS TO HAVE A FIBERGLASS SOLID PLATE TOP, WITH POOL GRIT NON SKID COATING, BONDED TO TOP OF 1-1/2" DEEP, 1-1/2" SQ. MESH GRATING COLOR: DARK GRAY INCLUDES GRATING CLIPS AND STAINLESS STEEL HARDWARE FOR FRP TO FRP CONNECTION PICKET HANDRAIL AND STAIR RAIL TO BE 2" SQ. TUBE TOP AND MID RAIL WITH 1-1/2" X 1/4" ROUND TUBE PICKETS. COLOR: YELLOW Page 1

2 1800 W. letto Way 84043` ELEV. 100'-0" UP TO 104'-0 1/2" 1 EACH STAIR ON EACH SIDE WITH PICKET RAIL 6 EACH STAIR TREADS ON EACH STAIR LANDING APPROX. 4'-6" X 9'-6" ELEV. 104'-0 1/2" UP TO 109'-9 3/4" 9 EACH STAIR TREADS ON EACH STAIR LANDING APPROX. 5'-3" X 9'-8" ELEV. 109'-9 3/4" UP TO 115'-7 1/8" 9 EACH STAIR TREADS ON EACH STAIR LANDING APPROX. 4'-6" X 9'-6" ELEV. 121'-4 1/2" UP TO 126" 7 EACH STAIR TREADS ON EACH STAIR L-SHAPED LANDING APPROX. 6'-3" (DOWN TO 4'-2" WIDE) X 9'-7" (2) EACH CROSS-OVERS STAIRS APPROX. 4'-4" WIDE X 4'-1" TALL 1 EACH STAIR ON EACH SIDE WITH PICKET RAIL 7 EACH STAIR TREADS ON EACH STAIR LANDING APPROX. 4'-0" X 4'-2" Page 2

3 1800 W. letto Way 84043` 1 50% DEPOSIT -54, , $7, $54, Page 3

4 PETERSON COMPANY TERMS AND CONDITIONS OF SALE 1. DEFINITIONS Where the context permits the following words shall have the meaning indicated: GRATING means all grating, stair tread, fastening devices and materials to be provided pursuant hereto. SELLER means the grating group of the Peterson Company BUYER means the person, partnership, company or corporation purchasing Grating hereunder. 2. CONTRACT SELLER offers to sell the Grating specified herein upon the terms and conditions and at the price(s) and with the delivery date(s) stated herein. This offer is not an acceptance of any offer by BUYER to purchase Grating. SELLER rejects any offer to purchase Grating previously made by BUYER and hereby gives notice of its rejection of any offer to purchase Grating subsequently made by BUYER. This offer is subject to and conditioned upon acceptance by BUYER within thirty (30) days from the date of this offer unless sooner revoked prior to acceptance. Prior to acceptance of this offer prices are subject to change without notice. BUYER shall indicate its acceptance of this offer by verbal acceptance, by executing and returning the attached acknowledgment or by any other written acceptance or confirmation, by directing SELLER to commence work on the Grating in any manner, by accepting the Grating, or by making payment for all or any part thereof. These Terms and Conditions of Sale, together with SELLER s quotation documents attached hereto, shall constitute the entire agreement of the parties and may not be modified except by a written change order issued by SELLER. No prior representations, inducements, promises or agreements between the parties, oral or written, not embodied herein shall be of any force or effect and any said prior representations, inducements, promises, or agreements are hereby revoked and superseded. No terms stated by BUYER in ordering or offering to purchase Grating or in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by SELLER, and BUYER is hereby notified of SELLER s objection to and reflection of additional or different terms in BUYER s purchase order, acknowledgement, or other forms. THIS OFFER IS EXPRESSLY LIMTED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN. 3. CHANGES BUYER may request changes or alterations in, deductions from or additions to grating built under any contract or order resulting from this proposal on giving due notice in writing to SELLER or by issuing revised or additional drawings to SELLER. In any such event, an equitable adjustment of the contract price and delivery shall be made. Said adjustment to SELLER will included compensation for, but will not be limited to grating quantity changes, type and/or size changes, extra engineering costs incurred for drawing review and/or redetailing time, overhead, additional profits and any other costs arising from BUYER s changes. 4. TERMS OF PAYMENT Prices do not include federal, state or local sales, use, excise or other taxes, fees, customs, or duty which will be for BUYER s account. All prices are factory and all invoices shall become due upon receipt and payable within thirty (30) days following the issue date of the invoice. Delinquent accounts Purchaser agrees to pay interest and service charges at the rate of 1 ½% PER MONTH, WHICH IS AN EFFECTIVE RATE OF 18% PER ANNUM. In the event of default of payment of SELLER, at its option, shall have the right to deliver Grating by installments, each installment to be invoiced at the time of shipment and to be paid for in accordance with the terms and conditions hereof. Until each delivered installment is paid for as aforesaid, SELLER shall have no obligation to deliver further installments. SELLER may stop work and cease delivery of the Grating hereunder in the event BUYER does not have or maintain credit satisfactory to SELLER. In such event, BUYER shall pay for all Grating on a cash-in-advance basis. 5. COMPLETION AND SHIPMENT The completion and shipment dates specified herein are estimates only and are neither warranted nor guaranteed by SELLER. 6. TITLE, RISK OF LOSS AND INSURANCE All Grating shall be shipped factory with full risk of loss passing to BUYER upon shipment by SELLER therefrom. SELLER shall retain title to all Grating until paid for in full in cash and SELLER may, at its option, repossess the same upon BUYER s breach of Article 4. Terms of Payment. SELLER shall have the right of access to or entry upon BUYER s premises in order to effect said repossession. From the date of shipment until the invoice is paid in full, BUYER shall provide and maintain at its expense, for SELLER s benefit, insurance adequate to fully protect SELLER s interest in the Grating against loss of any nature and SELLER shall be named insured under said insurance. At SELLER s option, BUYER agrees to execute a security agreement, Uniform Commercial Code financing statement (UCC-1), and any and all other documents satisfactory to SELLER, and to cooperate with SELLER in every regard, in order to secure payment for the Grating. 7. WARRANTY A. WORKMANSHIP AND MATERIALS The Grating supplied hereunder (Manufacturer s Standard Painted Finish Excepted) is warranted against defects in materials and workmanship for a period of one (1) year from the date of shipment, factory. Should any such defect appear during the term of this Warranty, SELLER shall, upon timely notification, upon BUYER s return of the allegedly defective Grating to Seller s factory freight prepaid, and upon opportunity to inspect the Grating and verify the defect, repair or replace the defective Grating factory. Page 1 of 2

5 PETERSON COMPANY TERMS AND CONDITIONS OF SALE B. ENGINEERING SELLER warrants for a period of one (1) year from the date of shipment of the Grating, factory, that the engineering services to be furnished hereunder shall conform to standards of engineering practice customary in the engineering profession for services of a similar nature. Should any failure to so conform appear during the term of this warranty, SELLER shall, upon timely notification revise or replace, at the option of SELLER, the SELLER s engineering drawings, specification and services involved. C. LIMITATION OF WARRNATIES AND REMEDIES The provisions, and in particular the technical and numerical provisions relating to the Grating supplied hereunder, which appear in this offer, any quotation, the specifications, drawings, proposal documents, sales literature, and any other documents are descriptive only and are not guarantees or warranties, nor are they guaranteed or warranted unless expressly stated so to be. BUYER s right to enforce the above warranties is conditioned upon full payment for the Grating and the Grating being properly installed. Failures and defects due to normal wear and tear, corrosion, erosion, action of chemicals, fires and acts of God are excluded from the above warranties. SELLER shall not incur any liability of any nature whatsoever arising from any breach of its express warranty obligations set forth herein in excess of the cost of repair or replacement of defective or nonconforming Grating at SELLER s factory. SELLER shall not be responsible or incur any liability for any backcharges or monies expended by BUYER for any purpose whatsoever unless SELLER issues written authorization to BUYER for said backcharges or expenditures, in which event SELLER s responsibility or liability shall be limited in accordance with the express terms of said authorization. SELLER shall not be responsible or incur any liability for the labor or cost hereof necessary to remove, transport, or install original or replacement Grating that has been repaired or replaced pursuant to this Article 7, Warranty. The foregoing warranties and remedies for breach thereof are exclusive and conditioned upon timely notification by BUYER. They are given by SELLER and accepted by BUYER in lieu of any and all other remedies, warranties and guarantees, express or implied, and IN LIEU OF ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 8. LIMITATION OF LIABILTY UNDER NO CIRCUMSTANCES SHALL SELLER BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PURCHASE PRICE PAID BY BUYER FOR THE GRATING. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRCT EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SAHLL SELLER BE RESPONSIBLE OR LIABLE FOR LOSS OF PROFIT, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF ANY FACILITIES (INCLUDING EXISTING FACILITIES) OR ANY PORTION THEROF, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. 9. DELAY Seller shall not incur or be responsible or liable for any liability of any nature whatsoever for any delay in, or failure of, completion and shipment of the Grating or any loss, cost, or damage arising therefrom if such loss, cost, damage, delay, or failure is attributable in whole or in part to any cause or causes beyond the reasonable control of SELLER. These causes include, but are not limited to any act of God or the public enemy, compliance with any order, decree, or request of any governmental authority; act of declared or undeclared war; public disorder; rebellion, sabotage; fire; flood; explosion; accident; riot; delays in transportation; strike; labor difficulty; or other concerted act of workmen, whether direct or indirect; inability to obtain necessary fuel, material, or equipment form normal sources of supply; production set-aside; declaration of national emergency; mobilization of industry whereby material and labor required for completion of the Grating hereunder are allocated or controlled; or any other cause not within the control of SELLER or which SELLER is unable to avoid by exercise of reasonable care. Upon the occurrence of any such delay time reasonably attributable to the cause. 10. ASSIGNMENT Buyer may neither assign, in whole or in part, BUYER s interest herein without the prior written consent of SELLER. 11. WAIVER SELLER s waiver of any breach by BUYER of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. SELLER s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to SELLER under applicable law. 12. GOVERNING LAW This offer and any resulting contract is to be interpreted in accordance with, and its administration and performance governed by, the laws of the State of Colorado. The parties hereto agree that Denver, CO shall be the forum for any cause of action filed in any court of law or equity. 13. HEADINGS AND SEVERABILITY Any headings preceding the text of the several article hereof are inserted solely for convenience of reference, shall not constitute a part hereof, and shall not otherwise affect the meaning, content, effect, or construction hereof. In the event that any provision contained herein or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining provisions hereof and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision hereof, notwithstanding said invalidity or unenforceability shall remain valid and enforceable to the fullest extent permitted by law. Page 2 of 2