|
2. INVOICING & PAYMENTS. Johnson may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and
<br /> for all work performed on-site and off-site. Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment
<br /> equal to
<br /> 10 % of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereunder
<br /> and
<br /> purchaser agrees to pay Johnson additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request, as the
<br /> work
<br /> progresses, to the extent payments are received. If Johnson's invoice is not paid within 30 days of its issuance, it is delinquent.
<br /> 3 . MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control
<br /> and without the fault of Johnson, then in the case of such temporary unavailability, the time for performance of the work shal I be extended to
<br />the extent
<br /> thereof, and in the case of permanent unavailability, Johnson shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed
<br /> for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor.
<br /> 4 . WARRANTY. Johnson warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal
<br /> usage for a period of one ( 1 ) year from delivery of said equipment, or if installed by Johnson, for a period of one ( 1 ) year from installation.
<br /> Johnson
<br /> warrants that for equipment furnished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions
<br /> which Johnson receives from the manufacturer of said equipment. For equipment installed by Johnson, if Purchaser provides written notice to Johnson
<br /> of any such defect within thirty (30) days after the appearance or discovery of such defect, Johnson shall, at its option, repair or replace
<br />the defective
<br /> equipment. For equipment not installed by Johnson, if Purchaser returns the defective equipment to Johnson within thirty (30) days after appearance
<br /> or discovery of such defect, Johnson shall, at its option, repair or replace the defective equipment and return said equipment
<br /> to Purchaser. All
<br /> transportation charges incurred in connection with the warranty for equipment not installed by Johnson shall be borne by Purchaser. These warranties
<br /> do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly
<br /> and reasonably
<br /> maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
<br /> LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE .
<br /> 5 . LIABILITY. Johnson shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment
<br /> or material
<br /> furnished or the work performed pursuant to this agreement.
<br /> 6 . TAXES. The price of this proposal does not include duties, sales, use, excise, or other similar taxes, unless required by federal,
<br /> state or local law.
<br /> Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Johnson or, alternatively, shall
<br /> provide Johnson with
<br /> acceptable tax exemption certificates. Johnson shall provide Purchaser with any tax payment certificate upon request and after
<br />completion and
<br /> acceptance of the work .
<br /> 7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts or
<br /> circumstances beyond
<br /> Johnson's control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions
<br />of the Purchaser,
<br /> Owner, or other Contractors or delays caused by suppliers or subcontractors of Johnson, etc.
<br /> 8 . COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary
<br /> licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured
<br />and paid for by the
<br /> Purchaser.
<br /> 9 . DISPUTES. All disputes involving more than $ 15 ,000 shall be resolved by arbitration in accordance with the rules of the
<br /> American Arbitration
<br /> Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall
<br /> limit any rights under
<br /> construction lien laws.
<br /> 10 . INSURANCE. Insurance coverage in excess of Johnson's standard limits will be famished when requested and required. No credit will be given
<br /> or
<br /> premium paid by Johnson for insurance afforded by others.
<br /> 11 . INDEMNITY, The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorneys'
<br /> fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent
<br /> act or
<br /> omission of die-indemnifying Party .
<br /> 12 . OCCUPATIONAL SAFETY AND HEALTH, The Parties hereto agree to notify each other immediately upon becoming aware of an inspection
<br /> under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.
<br /> 13 . ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes
<br />any prior
<br /> representations or understandings.
<br /> 14 . CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon Johnson unless accepted by Johnson
<br /> in
<br /> writing.
<br /> Page 3 of 3
<br />
|