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ELK RIVER ICE ARENA
<br />Chris Bazan
<br />Commercial Furniture Services
<br />4301 Highway 7
<br />St. Louis Park MN 55416
<br />chris.bazan@cfsmn.com
<br />tradesman to complete the installation -union or non-union -any additional costs will be paid by the Buyer.
<br />h.ELECTRICAL,DATA AND PHONE:As per Minnesota Statute,a Licensed Electrician must hardwire all furniture components to the house base
<br />power,make panel to panel connections and perform any other electrical work as denoted by Minnesota statutes and codes.The Buyer and his
<br />contractor must provide an electrician,at their cost,to perform this work as well as all Data and Phone work required for their project.CFS does
<br />not provide these services unless the Buyer requests that CFS contract with a licensed electrician,low-voltage or communications vendor,whose
<br />charges would then be quoted to,and passed on to,the buyer.
<br />i.MOVING/RELOCATION SERVICES:Buyer’s responsibilities:The Buyer will have all furniture,equipment and contents prepped,labeled and
<br />packed as per CFS’Moving Instructions.The Buyer will be packed and ready for their move at the agreed upon time.Representatives will be
<br />available to answer any questions regarding the move on both ends of the move.Additional charges may result if the Buyer does not prepare for
<br />their relocation as per CFS’instructions,if they are not ready at the agreed upon time,or if they are not present to answer relevant questions
<br />during their move.All electronic equipment including computers,printers,copiers,phones,servers,etc.,must be prepped and disconnected by
<br />the Buyer or his authorized equipment representatives.CFS will not be responsible for damages to any equipment that is not properly prepped or
<br />disconnected.CFS also does not re-install any of the above items,nor will they take any responsibility to do so.CFS will not be responsible for
<br />moving laptop computers,tablets or any other personal electronic devices.
<br />j.RISK OF LOSS:The responsibility for the security and safeguarding of the delivered furniture shall pass to the Buyer at the time of delivery to the
<br />project jobsite or designated storage facility.Upon delivery to the project jobsite or storage facility,the Buyer assumes all Risks of Loss of the
<br />goods and the Buyer shall not be released from any obligations under this agreement because of any loss,damage or disrepair suffered by the
<br />goods following delivery to the project jobsite or storage facility.
<br />k.INSURANCE:CFS will carry General Liability,Workman’s Compensation,Property Damage and,Automobile Insurance.The Buyer will be
<br />responsible to carry,at their expense,Liability and Property insurance covering the jobsite and its contents including all risks of physical loss and
<br />damage.
<br />5.ADDITIONAL TERMS
<br />a.WARRANTIES :Disclaimer of Liability -CFS will assist the Buyer in the resolution of problems on claims concerning damaged and/or defective
<br />materials or workmanship made within the Guarantee or Warranty Period as stated by the particular manufacturer,supplier or fabricator and will
<br />arrange for the repair or replacement of any damaged or defective items following delivery or installation.CFS disclaims any warranties,express
<br />or implied,including warranties of merchant-ability and fitness for a particular purpose.CFS will have no responsibility whatsoever to the Buyer or
<br />to any other person for injury to person or damage or loss of property or value caused by any product purchased hereunder.ALL WARRANTIES
<br />LIE WITH THE MANUFACTURER of EACH PRODUCT -NOT CFS.NOTE:Glass Stacking Panels or Up-Mounted Glass can break if moved
<br />incorrectly.The manufacturers that CFS represents will not be responsible for broken glass that is the result of having non-qualified personnel
<br />attempting to move panels with these glass sections.
<br />b.INTERPRETATION OF TERMS AND CONDITIONS:This writing is intended by all parties as the final expression of their agreement and is
<br />intended also as a complete and exclusive statement of the terms of their dealings between the parties,if any.No failure by any party to insist
<br />upon strict compliance by the other party with any of the terms,provisions,or condition of the Agreement,in any instance,shall be construed as a
<br />waiver or relinquishment by either party or by the other party’s right to insist upon strict compliance therewith in the future.Whenever a term
<br />defined by the Uniform Commercial Code as adopted in Minnesota is used in this agreement and not otherwise defined,the definition contained
<br />in the Code is to control.
<br />c.CTS BEYOND REASONABLE CONTROL:CFS will not be liable for any delay or failure to deliver any or all of the product or services in case of
<br />delay or failure is caused by Buyer’s actions,labor disputes,strikes,wars,riots,civil commotion,fire,flood,earthquake,hurricane,accident,
<br />storm or other destruction whole or in part of the product or the manufacturing plant,lack or inability to obtain raw materials,labor,fuel,or any
<br />other cause,contingency,or circumstances which prevent or hinder the manufacturer or delivery of the product or services beyond the
<br />reasonable control of CFS.
<br />d.WAIVER:Neither party waives any of its rights or consents to any default under this agreement unless such party does so in writing.
<br />e.ASSIGNMENT AND DELEGATION:No right or interest in this agreement shall be assigned by either Buyer or CFS without the written permission
<br />of the other party,and no delegation of any obligation owed,or of the performance of any obligation either by Buyer or CFS shall be made without
<br />the written permission of the other party.Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes
<br />unless made in conformity with this section.
<br />f.INSTALLATION ,SERVICE,AND/OR CONTRACTS :Additional terms and conditions may apply to CFS’design,installation,rental and/or service
<br />contracts.Such contracts are incorporated herein by reference and shall take precedence on any conflict of terms.
<br />g.SECURITY INTEREST:Buyer hereby grants CFS a purchase-money security interest in all goods identified in any invoice hereafter issued under
<br />this agreement in connection with the purchase of such goods to secure payment of the amount of such invoice and accrued finance charges
<br />thereon,and the Buyer hereby irrevocably authorizes CFS to file from time to time financing statements describing as collateral any goods so
<br />identified in any such invoice.Such goods will not be affixed to any real property in any manner which would change its nature from that of
<br />personal property to a fixture.Failure to pay any amount owed with respect to this agreement or any invoice issued under this agreement when
<br />due,or the occurrence of voluntarily or involuntarily proceeding under bankruptcy or insolvency laws which affects this agreement,shall constitute
<br />a default following which CFS may pursue any legal or equitable remedy available to CFS.Buyer will notify CFS immediately of any changes of
<br />name,location,or,if applicable,state of incorporation,organization or other registration.
<br />h.APPLICABLE LAW:This agreement and all rights and obligations of the parties shall be governed by the laws of the State of Minnesota.
<br />Company Name:________________________Title:______________________________
<br />Authorized Signature:____________________Date:_____________________________
<br />Please return by mail,fax or email to:
<br />Attn:
<br />Fax:952-922-4025
<br />ELK RIVER ICE ARENA_REVISED 06.11.20.visual.sp4 Page 18 of 18
<br />6/11/2020 8:33:22AM Int._____
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