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STANDARD TERMS AND CONDITIONS <br />APPLYING TO MATERIALS INSTALLED BY US: <br />L CLEANING. NORMENT does not include final cleaning of glass, metal, or other materials installed by our personnel. We are however responsible for the <br />policing and cleaning up of our work areas on a daily basis with regard to trash,cut-offs, and broken glass. <br />2. DAMAGE AND PROTECTIONS. (a) We are not responsible for broken or damaged glass, metal or other materials (except that caused by our own <br />employees), nor for the protection of same. Our responsibility for damage and loss in transit ceases upon delivery in good condition to a public carrier. (b) All <br />burns, weld spatters, exposed field rivets, bolts, nuts, welds, and any marring of the shop coat of painting on security equipment shall be thoroughly cleaned and <br />retouched by the finish paioting contractor. (c) Purchaser shall protect all items installed by us from damage by paint, etc., being installed by other trades. Any <br />material so damaged shall be repaired or replaced by purchaser at no cost to us. <br />3. OVERTIME. All work is to be performed during regular week day warking hours. Extra charges will be made for overtime work or for work performed on <br />Saturdays, Sundays, or holidays. <br />4. STORAGE. Purchaser shall provide suitable and ventilated storage space for our materials at job site, without charge to us. We do not accept any xesponsibility <br />for damage of material not stored properly. <br />5. PREPARATION. (a) Purchaser shall be entirely responsible for accuracy of building construction such as loca[ions of beams, columns, and masonry walls, and <br />for accuracy in concrete work. Concrete ceilings must be level and true. Any chipping of concrete or pointing up between the jail steel and the coocrete work <br />that may be necessary due to unevenoess of concrete shall be done by others at no cost to ~s. Purchaser is responsible for setting all hollow metal frames true and <br />plumb. We exclude concrete, masonry work, plumbing work, carpentry work, and field painting. (b) Purchaser shall complete all floor finish, cement, curbs, <br />water proofing, and other cement work, where shown or specified in connec[ion with the materials fumished by us, and all plastering and pain[ing on or near <br />soch materials. (c) Purchaser, without expense or unnecessary delay to us, shall provide necessary opening through the outside wall of building no less than 6'0" <br />x 8'0" for iogress materials purchased pursuant to this proposal. <br />6. CHANGE OR CANCELLATION. Materials or work in process is not subject to change or cancellation. <br />7. CONTINGENCIES. Delivery and performance by us is contingent upon caused within our control. We shall not be liable for any losses, damages or delays <br />due to or caused by insurrection, riot, war, civil or military authority, transportation difficulties, fire shortage of labor or material, strike or labor disputes, flood, <br />storm, or any other cause or circumstance whether like or unlike the foregoing, beyond our reasonable control or for any delays due to any failure of you or <br />others [o furnish and/or approve technical data, drawings, etc. Acceptance of materials on delivery shall constitute a waiver of any claims for losses or damages <br />due to delay, whether or not excused by the foregoing, and shall consti[ute a waiver of [he right to revoke such accep[ance for any reason. Further, under no <br />circumstances shall we be liable for any liquidated, special, incidental or consequential damages or for any penalties, whether direct or indirect. <br />8. TERMS. Unless otherwise stated in writing, terms of paymen[ shal] be: Net thirty (30) days after submittal of monthly pay reqoest on date required by the <br />contract Net thirty (30) days afrer completion of installation during the previous month; Subject to our approval of credit. Time of payment is of the essence. <br />No shipment will be made to or labor performed for jobs with a past due account. <br />9. BACK-CHARGES. No back-charges against us or deductions from our contract price shall be valid unless made with our prior written consent, <br />10. VERBAL STATEMENT. This proposal covers completely oor entire understanding and is not to be modified in any way by verbal statements. <br />I]. TRADE PRACTICES. All customary trade conditions and practices, not in conflict with anything herein stated, will apply to this proposal and any contract <br />based thereupon. <br />] 2. ACCEPTANCE. All accepted proposals are subject to our approval, any contract based upon this proposal will incorporate this proposal in its entirety, <br />including all terms and conditions hereof. Acceptance is limited to the terms of this proposal. Notification of objection is hereby given to any different or <br />additional terms. All prices are subject to acceptance and unless a conditiona] commitroent in writing is received by us within ten (l0) days after bid date, prices <br />are subject to change without notice. <br />13. CONTRACT. In the event of xny conflict between the terms and conditions stated herein and the terms and conditions of any acceptance or agreement to which <br />these terms may be made a paR thereof or in the plans or specificatioos now or hereafter e~cisting, the terms of this proposal and the terms and conditions herei^ <br />stated shall govern. <br />14. HOISTING. Purchaser shall provide us free use of purchaser's hoist on regular time. <br />I5. EMBEDS. We exclude the distribution, set[ing and building in of all embeds. <br />16. DISTRIBUTION. We exclude receiving, unloading, and distribution of any materials we furnish or ins[all except glass, hazdware, and control consoles. <br />17. ANCHOR BELTS. We exclude all erec[ion anchor bolts, screw, shields, etc. for anchoring, and materials we do not install except standard masonry straps for <br />hollow metal frames. <br />18. WARRANTY. We warrant that the materials to be fumished and/or installed by us shall be free from defec[s in material and workmanship under normal use <br />and service, and when properly installed, for a period of twelve months from the date of installation, if installed by us, or from the date of delivery, if not <br />installed by us. We agree to repair or replace F.O.B. point of shipment, such materials, or any part [hereof, found by us after inspection as defective, provided <br />said materials and/or equipment has been properly installed and provided said equipment has been properly operated and maintained in accordance with our <br />recommendations and the recommendations and specifications of the manafacturer. Our obligation hereunder shall be ]imited to the replacement or repair and in <br />no event shall we be liable for consequential, inciden[al or special damages. THIS WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER <br />WARRANTIES, EXPRESS OR IMPLIED, AND EXCLUDES ANY WARRANTIES OF MERCHANTABILITY OR FITNESS. <br />19. PLANS AND SPECS. If materials are being fumished by us in accordance with plans and specs, the materials comply with the plans and specs to the best of <br />our knowledge. However, all of the materials and equipment are subject to final acceptance by the architects and/or owners and we do not warrant their <br />acceptance. With respect ro any error of deficiency in any provisions of the specifications, plans or drawings fumished to us or in the event of any charges <br />thereto, purchaser shall reimburse us for any additional expense res~lting from such error, deficiency or chauge. <br />20. TIME FOR ACCEPTANCE. This proposal is subject to acceptance within the time limitations stated on the reverse side hereof aud, further, within said time, <br />prices are subject to change without notice unless a conditional commitment, in writing, is received by us within ten days afrer bid date. <br />21. DEFAULT. Should purchaser fail to pay for all labor, materials or supplies fumished by us, when payment is due, or should purchaser o[herwise default in any <br />of the provisions of this agreement, and should we employ an attomey to enforce any provision hereof or collect damages for breach of this agreement or recover <br />on any applicable payment bond, then purchaser and its surety agree to pay us such reasonable attomey's feed and other costs as we may expend therein. <br />22. RETENTION. In no event shall purchaser hold retainage from us at a percentage greater than [he percentage retained by [he owner form purchaser. <br />23. TAXES. We iuclude all applicable taxes, unless stated otherwise on the face of the proposal. <br />APPLYING TO MATERIAL(S) WE DO NOT INSTALL: <br />For materials fumished, but not installed, by us, the above provisions apply; but delete paragraphs 2, 3, 8, 14, 22 and 23 above, and add the following provisions: <br />1. TERMS. (Unless otherwise stated in writing) F.O.B. Shipping Point. Net 30 days. Subject to approval of credit. Time of paymeot is of the essence. No <br />shipment will be made to or labor performed for jobs with a past due account. <br />2. TAXES. Any sales or excise taxes (present or fumre) to be in addition to price(s) named herein, unless stated otherwise on the face of this proposal. <br />RETENTION: In no event shall purchaser hold retention on a supply only order <br />Norment Security Group, Ine. <br />Page 4 of 4 <br />