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ELK RIVER ICE ARENA
<br />Commercial Furniture Services,Inc. -Terms and Conditions
<br />Each quotation,proposal or purchase order is subject to these Terms and Conditions of Sale,
<br />except as agreed upon by Commercial Furniture Services,Inc. (CFS)in writing.
<br />1.QUOTATIONS AND ORDERS
<br />a.DOCUMENTS:Documentation,bids,designs,renderings,images,photos and floor plans provided by CFS remain the property of CFS until the
<br />time of sale to the Buyer.The Buyer or his authorized agent(s)must provide CFS accurate and detailed prints and elevations of the project’s
<br />base building.Changes required to remedy situations due to inaccurate base building floor plans and elevations can result in additional charges
<br />to the Buyer.
<br />b.TERMS:Prices quoted by CFS are firm for 30 days from the date of our quotation as per the terms established by a written Purchase Agreement
<br />between CFS and the Buyer.Additional Tariffs,Fuel Surcharges and other fees may apply.Clerical errors are subject to correction.
<br />c.ACCEPTANCE :All orders require a (i)hard copy or electronic Purchase Order from the Buyer or,(ii)an approved quotation with an authorized
<br />signature and date of acceptance.
<br />d.DIFFERENT OR ADDITIONAL TERMS:CFS will consider any different,additional or modified terms proposed by the Buyer in his Purchase Order
<br />or,any other response to CFS’offer as a counter offer.All Terms and Conditions must be agreed upon and signed off by CFS and the Buyer in
<br />written form before the order will be approved and processed.
<br />e.CUSTOMER REQUIRED DATE:A mutually agreed upon delivery date between the Buyer and CFS is required for each order and will be used as
<br />the customer’s required date.
<br />f.DEPOSITS:A minimum deposit of 50% will be required for all orders.
<br />g.PROJECT MANAGEMENT FEE /SERVICE FEE:CFS will bill a 1.5%Project Management Fee /Service Fee that equals 1.5%of the total
<br />furniture,accessory and equipment charges.
<br />2.INVOICING
<br />a.TIMING:Product orders will be invoiced after the delivery of the order to the project jobsite or,two weeks after the order has been held in an offsite
<br />location due to a delay in the project.Services will be invoiced after the services have been substantially rendered.Progress invoices for services
<br />may be billed to the Buyer if the project takes more than two weeks time to complete.
<br />b.PAYMENT TERMS:Payment Terms are Net 30 days from the date of the invoice.The Buyer agrees not to withhold payment on any invoice
<br />because of partial delivery or open punch list items.
<br />c.FREIGHT:Unless otherwise noted,any applicable freight charges and surcharges are not included in CFS’price quotations and will be invoiced
<br />as an additional,separate line item.Freight charges cannot be determined until firm delivery dates are set by the client and affirmed by CFS.
<br />d.TAXES:Unless otherwise noted,any applicable sales,use,excise or any other taxes are not included in CFS’price quotations and,they will be
<br />invoiced to the Buyer as a separate line item.The Buyer agrees to pay any and all applicable taxes.If the Buyer has a Tax Exempt status,a
<br />Certificate of Tax Exemption must be provided to CFS prior to the order placement.The Buyer is responsible for any self-assessment and
<br />remittance of any and all applicable taxes due jurisdictions outside of Minnesota.
<br />3.OTHER CHARGES
<br />a.CHANGES/CANCELLATIONS :The buyer will pay all additional charges from the manufacturer(s)for order changes and/or cancellations which
<br />the manufacturers agree to and accept.Any and all changes to orders placed by CFS on the Buyer’s behalf must be communicated in written
<br />form by an authorized representative of the Buyer.ALL PRODUCT IS CUSTOM MANUFACTURED TO THE BUYER’S SPECIFICATIONS AND
<br />CANNOT BE RETURNED.
<br />b.ADDITIONAL HANDLING CHARGES:Additional handling charges will be billed to the Buyer in the following cases:if the jobsite is not available
<br />on the mutually agreed upon customer required date;if there are delays because of site conditions which do not allow CFS clear and easy
<br />access for the project installation;if the activities of other trades hinder or delay the schedule of CFS’scheduled work;if there are delays in
<br />product shipments not purchased from CFS;if the agreed upon work schedule and project phasing is altered and requires more trips and shift
<br />differential pay or,there are conditions that are outside of the requirements for performance that are defined in CFS’proposal /quotation.
<br />Charges incurred by CFS to meet the altered project requirements will include all labor,transportation,storage,third party,building prep and
<br />materials,elevator /lift charges,supplies and materials,etc. -billed at the applicable rate.
<br />c.STORAGE:If the project jobsite is not ready to receive the Buyer’s material ordered from CFS within 14 business days,CFS will arrange to store
<br />the material on the jobsite,on trailers,at CFS’facility or,in another facility.All additional handling,transportation and storage charges will be
<br />billed to the Buyer.The Buyer will provide insurance coverage for the product which requires storage.
<br />d.LEGAL FEES:Should either party incur any expense in enforcing any terms,covenants,conditions,representations,or warranties of the
<br />Agreement,the party in default will pay all expenses including reasonable attorney's fees.
<br />4.DELIVERY &INSTALLATION
<br />a.CFS’RESPONSIBILITIES:CFS will receive,inspect,stage,deliver and install the Buyer’s products.All new furniture will be cleaned and put into
<br />good working order.Cartoning and packing materials will be removed;the Buyer will be responsible for all charges -labor,transportation and fees
<br />-for recycling or disposing of the waste from their project.All used furniture is sold “As-Is,Where-Is”.It will be cleaned,repaired or refurbished
<br />only with an additional written service agreement signed by the Buyer and acknowledged by CFS.Where circumstances allow and permit,CFS
<br />may elect to receive the Buyer’s products at the project jobsite.
<br />b.FREIGHT CLAIMS:Claims for product damaged in transit will be processed by CFS and damaged product will be repaired or replaced to the
<br />reasonable satisfaction of the customer.For Buyer’s product required to be held off site by CFS due to project delays,an agreement must be
<br />reached and signed off on -in written form -regarding receiving,inspection,freight claims and hidden damages,processes and,handling
<br />charges.
<br />c.DROP SHIPMENTS:In the case of Drop Shipments when the Buyer’s products are delivered directly to the Buyer without any receiving services
<br />performed by CFS -the Buyer will receive,inspect and install the goods purchased from CFS.The Buyer will be responsible for all inspections
<br />and freight claims in the event of damage to the product they have purchased from CFS.Any claims must be filed within 5 days from receipt of
<br />product.
<br />d.NORMAL BUSINESS HOURS:Unless otherwise agreed upon by CFS and the Buyer-delivery,installation and other CFS services will be done
<br />during Normal Business Hours 8:00 -4:30,Monday-Friday,excluding Holidays.
<br />e.CONDITION OF JOBSITE:The project jobsite will be clean and clear of all obstructions,materials,equipment and debris.The Buyer will provide
<br />adequate facilities and space for CFS to unload,stage,move,handle and store the products required for the installation of the Buyer’s goods.
<br />f.JOBSITE SERVICES:The Buyer will provide electrical,heating,lighting and elevator /lift /hoist services to CFS at the project jobsite without any
<br />charge to CFS.Additional handling charges will result from any delays which CFS experiences in sharing docks or elevators /lifts /hoists with
<br />other building trades or tenants.
<br />g.DELIVERY &INSTALLATION :CFS is a non-union company.If applicable,trade regulations at the time of installation require employing other
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