HomeMy WebLinkAbout173572 VORTEX - PURCHASE ORDER - 9104362�t� Collins
0
Date: 08/24/2010
Vendor: 173572
VORTEX
3710 E 47TH AVE DR
DENVER Colorado 80216
PURCHASE ORDER
PO Number Page
9104362 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS Colorado 80521
Delivery Date: 08/23/2010 Buyer: ED BONNETTE
Note '� ��d rv��' ll G�✓
Line Description �/11uantity UOM Unit Price Extended
Ordered Price
18 guage metal doors & frames 1 LOT LS 13,226.56
Per Quote #sq-25859
Could we fax the following purchase order to the attention of
Dustin Chisum at 1.303.287.0953
t3. �Yl�szQ.s�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com
Total $13,226.56
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona Ode and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Scllers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, tither procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible themfor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease brnefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300.000 for any one person, 5500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
41
Req. # 3�()C22
Entered by: DeEtta Carr
Date: August 2, 2010
PURCHASE ORDER REQUISITION
FORT COLLINS UTILITIES
Vendor VORTEX
VE #173572
Address 6710 E. 471h Avenue Drive
Denver, CO 80216
303-287-0801
>.
DES.CRIPTIUN,.,•TOTAL_
CHARGE:NtJMBER'
Two (2) Hollow Metal Doors &
Frames
$13,226.56
502.234201.562020
Comments Per Quote #sq=25859
Could we fax the following purchase order to the attention of Dustin Chisum at 1.303.287.0953
Scott Foreman/DeEtta Carr 8.2.2010 —= \
t..._ Y \ �, \ �; ...
Requested b � Re
9 y Date Authorized By D to
OVORTEX. No. Denver
So. Denver
Coloradoratio Springs
Northern Colorado PROPOSAL
1-800-698-6783 4 r-13577a
FARn.
Site
Date 7/22/2010
F FT COLLINS WATER CITY OF FT COLLINS WATER
. LAPORTE AVE. 4316 W. LAPORTE AVE.
COLLINS, CO 80521 FORT COLLINS, CO 80521
SCOT
FOREMAN
Ref. #sq-25859 Phone (970) 416-2514 Job (970) 416-2514
Fax Phone
In actor ante with the terms and editions stated hereinafter, and on the following pages, we propose to provide the
following doors and / or repair work (hereinafter referred to as the'Product') on the following terms,
Two (2) new Hollow Metal Doors and Frame approxtmately 8' x 12 for your existing openina
complete with the followma benefits
O Fabricated from 18 gauge cold rolled steel
O Doors will be notched to fit around your crane rails and have reinforced rubber seals
at the gaps
O The left hand 4' x 12' door will have a standard 3' x 7' door within it
to The 3 x 7 door will be hung on a geared continuous hinge and have a new door
closer
O The right hand door will have a 24" x 24" window kit and surface bolt locks
O Baked on gray primer for optimum paint adhesion
O New non removable, Ball Bearing hinges
O Re -use locking hardware
O Sweep strips on the bottom of the doors and full perimeter sea kits
This includes securing new hinges in place, alignment of the door in the opening for proper clearance,
lubrication of all moving parts, and our Quality Assurance & Safety Check to insure proper operation of
the complete door system.
FOR THE TOTAL NET SUM OF.......................$13,226.56
Proposal valid upon final inspection of job site conditions.
Please fax or email signed proposal to: NDNSC@VortexDoors.com
(303)287-0801
(303) 287-08S3 (Fax)
Please note this bid INCLUDES the following:
1: Vortex Exclusive three f31 wear Limited Warranty.
2. Work to be scheduled during regular business hours (M-F 8:008 4:30p) unless otherwise stated.
3. Removal and disposal of damaged material_
Please note this bid DOES NOT INCLUDE the following:
1. Any hidden damage.
2. Any finish paint.
3. Any Item not called out above.
Lxl customer to list days or hours Vortex cannot do the work:
Terms: Proforma or M Credit ar. — ae _.. ..,.. a. —
Vortex at any time prior to ameptanee. Hidden r unantidpated damages and/or services not included n T. al Pop sal also
by
does not In'.de costs of prevailing wages, if required. unless soh lnealh, Pe k e
NOTICE TO PROPERTY OWNER: d Mao any oat Paid in full for the labor, services, agdpmana, or mateAds furnished or to be Nmished, a madrutto s gan
ha� s you lhf %ontraGs. through
g in fun, mint avedo2we prow,anes, of so or Part of low Property being eo improwd may be paced against the property even ewugh you
Person ar firm OWry you Ws norm before
a b PrOWCIPayment yourself against Ws consequence by (1) requiring yaw matredor to famish a j;p ad release by the
makirrp paymanl b your mnlradm w (2) any other method or daMee WniCh is appropriate under the drmnistancee,
i s are rouowing pages ear additional terns, including limitations of warranty and limitations of liaEZl which are
part of this proposal, and will constitute terns of your contract with Vortex Customer is added to our General Llattihy policy
as Additional Insured on when r airedby written contract with Customer,
Accepted: (°Customer) VORTEX INDUSTRIES, INC, ("VORTEX")
By By Dustin Chisum (NDN)
Date Date 7/22/2010
LIMITED WARRANTY
1. APPLICABLE PERIOD. The VORTEX warranty for materials or labor (as appropriate) is applicable to cover problems promptly tenon ed m writing
wilhin the following periods specified:
1.1 NEW PRODUCT INSTALLATIONS.
A Heavy Duty Rogi g Steel Doom and Hollow Metal Doors - Fiver Year Limited Warranty, as follows: I" year - 100% Material and Labor. 2" r
year- 100% Material, No Labor, 14 year - 20% Matedal No Labor, 401 and 5°1 Year - 10% Material, No Labor,
B. Overhead, Glass Entrance and Light Weight Rolling Steel Doors, Motors and Other New Product Installation - Three Year Limited
Warranty, as follows: 14 year -100% Malarial and Labor, 2n0 year - 20% Material, No Labor, V year - I D% Material, No Labor.
1.2 REPAIRS.
A Repairs Performed as Recommended by VORTEX 100% Materials for 1 year, and 90 days Labor S. Limited Scope Repairs - No
Warranty.
2. LIMITED WARRANTY. OUR WARRANTY IS FURTHER LIMITED AS FOLLOWS:
21 Our warranty shall not extend to or cover deterioration due to rust resulting From (1) damage to the door section finish caused by fro, other
accident or casualty, vandalism, radiation, harmful fumes or foreign substances in the atmosphere, (if)occurring as a result of any physical
damage after the door loft our control, or (It) falkae to provide reasonable, necessary and proper maintenance (see paragraph 3 below).
2.2 Our warranty shag not extend to or cover any damages or claims with respect to any products that in any way or degree have been allowed,
processed. misused or improperly handled or installed.
23 VORTEX does not warrant conformity with any building or fire codes. Customer is responsible for obtaining any required permits and giving arty
required notices.
2.4 WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR COVENANTS, EXPRESS OR IMPLIED, AS TO ANY MANNER
WHATSOEVER WITH RESPECT TO THIS PRODUCT EXCEPT FOR ANY IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW, AND
ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE.
2.5 IN THE EVENT OF THE BREACH OF THE WARRANTY DESCRIBED ABOVE. VORTEX'S SOLE RESPONSIBILITY SHALL BE TO REPAIR
OR REPLACE ANY PRODUCT WHICH PROVED TO HAVE BEEN DEFECTIVE DURING THE WARRANTY PERIOD In the event VORTEX
fails to or elects not to repair or replace the detective products, VORTEX'S responsibility shall be limited to the damages specified in Section 5
below.
2.8 This warranty gives you Specific legal rights. and you may also have other rights which vary from state to state
2.7 Only an authorized corporate officer of VORTEX may modify or add to the warranties set forth above, and any such modification or addition
must be In writing and separately executed by such corporate officer,
3. OWNER'S RESPONSIBILITY.
The proper operation and maintenance of your doors is criticalit your door Is equipped with a hand chain or pull rope, control its speed and der not
let N slam up or slam down. If you operate your dam xLe b and carefully, it should last many years. However, the useful life of the doors and thew
component parts is no unlimited, and to assure the safe and proper operation, It is imperative that doors be serviced and inspected every six months
fa long life and easy operation. Failure to do so will void the warranty. You are w anraged to contact VORTEX for details on available PrevanlWa
Maintenance programs.
On such con or steal surfaces pointed by VORTEX will prime wet as are exposed to the weather. Customer agrees to complete pawing with a
f nigh coat or coats of a color of Cuslomees choice.
4. FURTHER CONDITIONS OF WARRANTY. The foregoing warranty shall be voided and products and services shall be deemed sold "as is" with all
faults:
4.1 If the related invoice is not paid within thcty (30) days.
4.2 ! repairs or alterations are made by anyone other that VORTEX:
4.3 until any "Recommendation for Additional Work Needed' Is authorized In wriling by Customer and completed by VORTEX
You must give us the job number when tiros calling for warranty service or you will be billed for the wok
5. LIMITATIONS OF LIABILITY.
5.1 THE LIABILITY OF VORTEX FOR DAMAGES OR INDEMNITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES PAID BY
CUSTOMER TO VORTEX WITH RESPECT TO THE SPECIFIC PRODUCTS OR SERVICES.
52 IN NO EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
SHALL VORTEX BE LIABLE FOR INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST SALES,
NOTWITHSTANDING THE FACT THAT VORTEX MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER TERMS AND CONDITIONS
PAYMENT TERMS. The Company that called us Is responsible for paying the bill. VORTEX provides emergency repair services, and time is of
"essence to the Performance by the Parties of their obligations. Service bills are due and payable upon completion of work Hours are calculated
from the lime the man leaves our shop until he returns. Minimum service charge is one hour at the current hourly rate. Customer further prawn to
VORTEX a security Interest in all products furnished to customer. In event of default VORTEX shag have. In addition to ell rights provided by law,
the right to repossess all products and to remove doors supplied. Overdue accounts shag accrue interest from the dale payment on the account is
Overdue, at 10% Per annum, or the maximum legal rate, whichever Is greater.
WORK HOURS. VORTEX standard work hours are Mon. — Fri. 8:00 a.m. _ 4:30 p.m. VORTEX's standard rates shall be increased for work
performed during other hours. VORTEX must be notified of any days or tines during which scheduled work cannot be done. A refined field trip will
be charged fa.
SITE PREPARATION, Customer, at its expense, shall assure that the wall construction around the opening is suitable for supporting all deers, doorseals, sccesserISS, and other items, and that there is proper clearances for their reception. When VORTEX is to provide erection, Custom at in
expense shall assure that the opertngs into which the Items or around which the Name are to be Installed are complete, unobstructed, and available
to VORTEX mechanics Or subcontractors without delay or Intem,ption to their work Customer warrants safely and suitability of the structure for
reception of VORTEX'S materials and agrees to hold VORTEX and Its subcontractors harmless from liability attributed thereto. Unless otherwise
expressly slated, this work order does not include the preparation or furnishings by VORTEX of openings, $013, iambs, lintels, structural members to
which doom of accessories are to be attached. or glass or glazing, or when moor operators are furnished, any wire, fuses, or conduits, or any
auxiliary, steel work for carrying supporting or attaching power units. Electrical hookup and hauling away or old materials Is not included in the work
order. Customer acknowledges that unloading, hoisting, storage and protection of materials ts the ode responsibility of the Customer.
PERFORMANCE EXCUSED. VORTEX shall not be liable to Customer in arty manner for failure or delay to fig an order placed herein, or other
failures to perform as a result of strike or other labor trouble, fire, flood, material or labor shortage, embargo, stoppage in transit, direct or indirect
acts, regulations or orders of any governmental body. war, sabotage. act of God or public enemy, or other cause beyond the control of VORTEX
Including nonperformance of conditions precedent by Customer such as the furnishing specifications of wag openings or other Information,
approval of or other action upon dr
ENFORCEMENT OF CONTRACT. This contract (sub)00 only to modification by any subsequent, and fully me Asd, written repair work order)
constitutes the entire agreement ofro
the parties with respect to the proposed work. The are no oral agreements made or allowed between Me
Parties. Ail pities agree that Interpretational and e"fa r-sment Of the contract shall be subject to the laws of the state of Caldorma and arty action
brought to enforce any provision n oof the
he apreemem shall be in the Jurisdiction and venue of the courts of Orange County. California. In the event of
any acltion or proceeding to enforce this agreement or arising out of any breach of this agreement, the prevailing party herein shell be entitled to
recover reasonable etlorney s fees and costa lherell Incurred.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' LICENSE BOARD, 9821
BUSINESS PARK DRIVE, SACRAMENTO. CALIFORNIA, 95827. MAILING ADDRESS: P. 0. BOX 26000, SACRAMENTO, CALIFORNIA.
95828. WEBSITE WWW.CSLB.CA t%nV
Rev 1109