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43 <br /> U^ ¢,,,, Storr Office Environments Ouotation 167814 <br /> toffc I � �y6,, 1Q8QQ World Trade Blvd. <br /> €N V 1 Raleigh, NC 27617 <br /> Phone: 919-313-3700 <br /> www.storr.com Fax: 919-313-3701 <br /> StorrOffice,Environments,Inc. Standard Terms and Conditions DELIVERY AND INSTALLATION <br /> SELLER'S RESPONSIBILITIES:Other th an for drop shipments,Se 11 c wi 11 receive,inspect,stage,deliver, <br /> QUOTATONS AND ORDERS and install Buyer's goods.AII furnishings l l be clean and put into good working order. Cartoning and <br /> TERM: Ioi <br /> AI prices are quoted FOB shipping point and are guaranteedfor fifteen(15)days from date of packing materials will be removed and promises left in good order.When applicable,Seller may direct <br /> quotationshipments directly to the job site. <br /> ACCEPTANCE:All orders require a hard copy or electronic purchase order or approved quotation with FREIGHT CLAIMS. Claims for product damaged in transit will be processed by <br /> an authorized signature and date of acceptance.Either of these documents are considered by seller as Seller and damaged productwill be repaired or replacedto the reasonable satisfaction of Buyer onlyfor <br /> being approval to place orderwith vendors and buyer accepts cost listed on quote.Customer must sign product purchased,deliveredand installed. <br /> final validation documentation(including drawings). <br /> DROP SHIPMENTS: In case of drop shipments where product is delivered without installation,Buyer will <br /> MODIFICATIONS. Any modifications to an approved and acknowledged order are subject to the Seller's receive,inspect and install ordered goads. Buyer is also responsible for filing necessary freight claims in <br /> ability to conform andthe manufacturers approval. Changes must be made via a revised purchase the event of damage. <br /> order,change order or signed and dated revised quotation. <br /> USED PRODUCT:The buyer recognizes that used product comes in an-as is,condition. Although the <br /> CUSTOMER REOUI RED DATE: A mutually agreeable(between Buyer and Seller)delivery date is Seller will do its best to provide afunctional and aesthetically pleasing product,the Buyer understands the <br /> required for each order and will be used as the customer required date. product will have normal wear and tear(e.g.dents,scratches,dirt)and carries no warranty. <br /> DEPOSITS:Atlehoslt of frtty DercentI5G%1 is renuired on all orders$1 D.DDD and over from cus- CONDITION OF JOB SITE: Job site will be clean and clear of all obstructions prior to installation. Buyer <br /> tomers wRh aoorovetl cretliL A deposit of one hundred percent(100%)is required on all ordersfrom will provide adequate facilities and space for unloading,staging,moving,handling,and storing of product <br /> customers without approved credit_ at thejob site.Additional chargeswill apply if the conditions preventthe sellerfrom completing the work <br /> efficiently. <br /> Initial <br /> INVOICING JOB SITE SERVICES: Buyerwill furnish electrical current,heating,lighting,and elevator service atjob <br /> TIMING: Furniture with related installation and other serviceswill be invoiced after delivery of the product site without charge to Seller. If any of these are not provided,Buyer will be responsiblefor additional <br /> to the job site. Direct shipmentsfrom the manufacturer will be invoiced upon shipmentfrom the manufac- charges. <br /> turer.Services not relatedto purchase of product,may be invoiced in phases or afterthe services are <br /> substantially completed,as determined by the Seller.Seller reserves and retainsthe right in its sole PROTECTION OF DELIVERED GOODS: Buyer is responsible for security and safekeeping product after <br /> discretion,to make and invoice for partial shipments of merchandise andlor provision or services delivery atjob site. <br /> PAYMENT TERMS:Forfurniture and related installation and other services,balance is due infull Net 10 RISK OF LOSS: Upon delivery of productto Buyer's site,or into storage negotiated by Buyer ifjob site is <br /> days from date of invoice. Buyer agrees notto withhold payment on any invoice because of partial not ready on mutually agreed upon date,Buyer assumes all risk of loss of deliveredlstored product and <br /> deliveryor open punch list items.,A reasonable hold back of up to ten percent(10%)of the invoice shall not be releasedfrom any obligations underthis agreement due to product's loss,damage or disre- <br /> amount is allowed if there are open items. pairfdiming deliverylstorage. <br /> ELECTRICAL CONNECTION:The Buyer will be responsible for making any electrical connections be- <br /> FREIGHT: Unless otherwise noted,all applicable freight charges are not included in the price quotation [ween the building andthe furniture. <br /> andwill be invoiced as a separate line item. <br /> PHONEIDATA:The Buyerwill be responsible for supplying hardware and installation of phoneldata lines <br /> TAXES: Unless otherwise noted,any applicable sales,use,excise,or any other taxes are not included and connections. <br /> in the price quotation and will be invoiced as a separate line item_ Buyer agrees to pay any and all <br /> applicable taxes. If Buyer possesses atax exempt status,a certificate of tax exemption is to he provid- ADDITIONALTERMS <br /> ed prior to order placement. Buyer is responsible for self-assessment of any and all applicabletaxes due LEASING:The Buyer and Seller agree thatthis sale is not contingent on the Buyer obtaining financing or <br /> to j urisdictons outside of the State leasing.The Buyer is responsible for securing financing or leasing. <br /> DELAYS: If Buyer is unable to receive product at the job site on the mutually agreed upon WARRANTIES. Seller makes no warranties of product sold hereunderwhatsoever,including any warran- <br /> customerrequired date,product will be deemed delivered and will be invoiced as if delivered. Stand- ty of merchantability or warranty that the furniture isfit for any particular purpose. Seller may act as <br /> and paym entterms will apply. Buyer may withhold to n percent(10%)of the invoice amount until Buyer's agent in the event of claims of defective materials or workmanship that may be made within the <br /> actual delivery of productto the job site. warranty period stated by the manufacturer,supplier or fabricator.The Buyer shall rely exclusively upon <br /> warranties provided by the manufacturer,supplier or fabricator of all products sold hereunder. If Seller is <br /> SERVICE CHARGE: A service charge of 1.5%per month will be assessed on all unpaid balances after asked to perform warranty work and it is subsequently determined that the furniture is not covered by any <br /> 30 days from invoice date and after any judgment date. Buyer agrees to pay for all costs of collection manufacturer,supplier or fabncator warranty,Buyer will be charged for service at the then current rate. <br /> including,but not limited to,reasonable attorney's fees and costs incurred by seller to collect past due <br /> balances. TITLE AND SECURITY INTEREST_ Seller retains title to all goods until Buyer has performed all of its <br /> obligations under this agreement andthe purchase price of the goods and related services has been fully <br /> CREDIT CARD PURCHASES:A 2%handling charge will be applied to all credit card purchases that paid to the Seller. Seller retains security interest in the goods,all accessories,replacements of the <br /> ex teed two thousand five hundred dollars($2,5[II)andthe payment is being made on or before the proceedsfrom the goods as secunty for the performance by Buyer of all of the Buyer's obligations arising <br /> delivery date.All credit card payments made after date of invoice will have a 3%handling charge applied underthis agreement andthe purchase order. <br /> when the payment is processed. <br /> INTERPRETATION OFTERMS AND CONDITIONS: This writing is intended by all parties as the final <br /> OTHER CHARGE 5 expression of their agreement and is intended also as a complete and exclusive statement of the terms of <br /> CHANGESICANCELLATIONS: Buyer will pay all additional charges from the manufacturer for order their dealings between the parties,if any,and no usage of the tradeshall be relevantto supplement or <br /> changes. Express Ship Orders cannot be changed or cancelled.All product is custom manufacturedto explain any term used in this agreement. No failure by any party to insist upon strict compliance by the <br /> customer specifications and,therefore,cannot be returned. Cancellations:20%min.charge if Manurac- other party with any of the term,provisions or conditions of this Agreement,in any instance,shall be <br /> turer approves and 90%if Manufacturer does not approve the return.Changes after order entry:$5011ine. construed as a waiver or relinquishment by either Rorty of the other party's right to insist upon strict <br /> The quoted price allowsfor no changes in the designlspecification. Further design changeswill be billed <br /> at the standard hourly ratecompliance therewith in the future. These terms and conditions andthe security herein contained are to <br /> be construed underthe laws of the State of North Carolina.,including all applicable provisions of the <br /> STORAGE: Storage is charged at one percent(1%)of the ordervalue per month,minimum$50.DO per Uniform Commercial Code.Whenever a term defined by the Uniform Commercial Code as adopted in <br /> month. Ifjob site is not available and direct ship product is redirected to our warehouse,a storage North Carolinais used in this agreement and not otherwise defined,the definition contained in the Code is <br /> charge will he applied from the first day product arrives in our warehouse. Product received in our to control. <br /> warehouse for non-directship orderswill be charged storage beginning on the eleventh(11th)day after <br /> the product has been received in ourwarehouse. ACTS BEYOND REASONABLE CONTROL: Seller shall not be liable for any delay orfailure to deliver <br /> any or all of the product in case delay orfailure is caused by material shortages,labor disputes,strikes, <br /> EXTRA HANDLING IF SITE NOT READY: fjob site is not available on mutually agreed upon customer wars,riots,labor shortages,government restrictions or mandates,act of God,or any other cause,contin- <br /> required date,chargeswill be assessedto the Buyerfor additional handing or redirecting of product at gency or circumstances which prevent or hinderthe manufacture or delivery of the product beyondthe <br /> rate of three percent(3%)of the ordervalue. reasonable control of the Seller. <br /> EXTRA HANDLING DUE TO SITE CONDITIONS: Chargeswill be assessedto the Buyerfor exces- WAIVER No claim or right arising out of a breach of this Agreement can be discharged in whole or in part <br /> sive handing,storage and transportation incurred because of site conditions,activity of othertrades,or by a waiver or renunciation of the claim or right unless it is supported by a consideration and is in writing <br /> other reasons not specifically identified in the price quotation at a standard hourly rate or actual charges R signed by the aggrieved party. <br /> performed by a third party. <br /> OVERTIME: Unless otherwise stated,delivery and installation will he made during Sellers normal <br /> business hours(between 8:00 AM and 5:00 PM Monday—Friday,excluding holidays).Any additional <br /> labor costs resulting from overtime work performed at Buyer's requestwill be paid by the Buyer. <br /> ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS. <br /> ACCEPTED BY____ TITLE DATE <br />