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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9156588October 2, 2015 City of Fort Collins Jill Marx Public Relations Coordinator 970-221-6951 jmarx@fcgov.com Holiday Proposal for MAX 2015. Prices based on install, removal and storage. Lights will be alternating in green and warm white C9 LED. C9 lights will be on 15-inch Center Strand. South Transit Center Lower Roof line 370 Ft $1885 Upper Roof line 90 Ft $450 Bus Stations 19 Total, we will install lights on the east and west sides of the stations, lower roof lines only, except the drake station where we will install (if possible, ferrous roof lines only) on the upper turrets of the station. $350 each $6650 Total North Station Install lights on the east and west sides of the main stop ONLY. This is the only one with available power. 90 ft, linear feet, lower east and west sides only. $459.00 Eric Shaub Swingle Lawn, Tree, and Christmas Décor 970-556-2981 Cell 970-221-1287 Office eshaub@swingletree.com SWINGLE LAWN, TREE & LANDSCAPE CARE POLICIES, TERMS AND CONDITIONS We guarantee the quality of our decorations and workmanship for a period of one season (Oct.-Jan.). Should you have any problems with your new lights or decorations, we want to correct them as soon as possible. We recommend that you test your lights for several hours for the first five evenings to test your lighting program. This will allow us to make corrections and bulb replacements as soon as possible in order to maximize your enjoyment of your decorations. Repairs needed due to theft, vandalism, neglect, extraordinary weather conditions, animals, or acts of nature, are not warranted and will be billed accordingly. We are not responsible for any additional items added to our installed power sources or extension cords. Power failure or damage to lights may occur as a result. We cannot install any customer owned items that are not listed on your holiday decorating proposal. Contact us before installation for any items you are planning to add to the décor program. If Customer Owned items are added to the display and issues arise concerning the power supplies then all service visits to address these issues will be billable and shall be invoiced at $70.00 per man-hour or $170.00 per man hour if the use of a bucket lift truck is necessary. We will need to access the roof for most installations. If the roof is ceramic or concrete tile we will require the signing of a waiver of liability for damage to the roof caused by installation crews walking upon. If customer requests that the crews not walk on the roof then we would require a waiver of liability to use a bucket lift truck on the property’s driveway or landscape areas. Some residential or business displays may not be accessible with a bucket lift truck, in this case the last option would be to cancel those portions of the installation where access is not possible. Power failure or tripping of GFI circuits that occur as a result of inclement weather cannot be the responsibility of Swingle, Lawn, Tree & Landscape Care. We will perform required service calls to solve these issues but we cannot be held liable for damage that may occur as a result of acts of nature. SERVICE POLICY All of your decorations will be installed and/or reinstalled in working order. Billable service calls will be invoiced at $70.00 per man-hour or $170.00 per man-hour if the use of a bucket lift truck is necessary. Materials required as a result of the service call will be billed in addition. BILLING CONDITIONS/QUALITY OF SERVICE In the event that you have a question concerning any billing, contact our office within 7 days, or we will assume that billing is correct. All services, unless otherwise agreed, are billed at the time of installation, at which time payment is due. This normally would include materials, set up, installation accessories, takedown, & boxing of decor. Installation accessories include all extension cords, clips, etc., but do not include timers. These are an optional purchase. Storage of all décor is included with the service; storage charges will apply if service is not utilized for one season, or delivery charges will apply if service is cancelled. Swingle Inc. guarantees the quality of all material and workmanship, however any questions in regard to the quality of workmanship must be addressed within 7 days of service, or before the next service is to be performed, whichever comes first. Additional charges may apply to future reinstallations for jobs not taken down by Swingle Inc. CONTINUING SERVICE DECORATION REPLACEMENT AND REPAIR POLICY (CONTINUING SERVICE DECOR) Upon reinstallation, all non-functioning bulbs (C-9 and /or C-7) and/or miniature light sets will be replaced at no additional charge; this is included in the reinstallation and takedown charge. As plants grow, we will add additional lights to any landscape lighting at our discretion, and bill materials and labor at the appropriate rates. Any additional items requested at the time of service will also will be invoiced accordingly. LEASE AGREEMENTS All materials, supplies, decorations and lights will be owned by Swingle Inc. - during both the lease term and at the completion of the lease term. Swingle Inc. and/or client have the right to accept or reject an extension of this agreement at the end of the lease term, upon newly agreed-on terms and conditions. Cancellation fee for any part of a lease agreement will be for 50% of the balance of the value of the cancelled contract and due and payable within 30 days of cancellation. For multiple year lease agreements, please see separate lease contract. SEASONAL LIGHTING Please be advised that all standard lighting that is installed is suitable only to be used as seasonal, temporary lighting, unless otherwise specified. Swingle Inc. can only warrant seasonal lighting up to 90 days. Product life expectancy should not exceed 90 days when used continuously. Please consult your representative if you are interested in a permanent type of lighting. There is no permanent type of mini lighting or tree lighting available. PHOTOS Please note, that unless otherwise agreed upon, Swingle Inc. reserves the right to take photos of our décor services on your property, and use representations of these same photos for marketing purposes to include, but not limited to, brochures, portfolios, internet or postcards. The use of photo representations does not imply any financial or other consideration will be given for said use. Further, we reserve the right on commercial accounts to state the property name and/or address. OFFICE HOURS Swingle Inc. office hours during the Christmas season are from 7AM to 4:30PM Monday- Friday. Service call requests received after 4:30PM or over the weekend will be addressed on the following business day. Swingle Inc. is closed for the Thanksgiving Holiday through the following Sunday. Swingle Inc. is closed on Christmas Day. Extreme weather events may cause office hours to be restricted further. TERMS & CONDITIONS A deposit may be required at the time the order is placed to order materials, and/or reserve an installation time. Full payment for every item and service is due within terms in effect on the date of service. In the event the purchase price of each product item and/or service is not paid in full within terms on invoice, a re- billing fee of $5.00 (five dollars), or 1.5% of the total invoice, whichever is greater, per month, will be assessed and due on the unpaid balance, from the due date until payment is received in full by Swingle Inc. and credited to the purchasers account. Payments received will be applied first to any outstanding RE-BILLING FEE and the remainder to the unpaid balance on the account. In the event purchaser fails to make payments as required, the account may be considered by Swingle Inc. its option, to be in default and the purchaser shall be responsible for costs of collection, including reasonable attorneys’ fees, as allowed by law. SEE BELOW FOR ADDITIONAL TERMS AND CONDITIONS OF SERVICE INCLUDING SWINGLE INC. WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES. Customer to supply all electrical power sources. Minimum 1a year purchase is $800.00, & subsequent years reinstall minimum is $500.00. If a requested item becomes unavailable, Christmas Inc. reserves the right to substitute an item of equal or better quality, subject to customer agreement, or to delete the item s off of the installation and invoice. Residential clients will be under a continuing service agreement, meaning that yearly décor services are authorized, unless Swingle Inc. is notified otherwise. DAMAGE, INJURY, OR OTHER CLAIM. SELLER SHALL NOT BE LIABLE AND ALL CLAIMS AGAINST SELLER ARE WAIVED, FOR SPECIAL, DIRECT OR CONSEQUENTIAL DAMAGES OR EXPENSE, OF ANY NATURE INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, CROP OR PROPERTY LOSS OR DAMAGE, LABOR CHARGES AND FREIGHT CHARGES, WHETHER OR NOT BASED ON THE SELLERS NEGLIGENCE BREECH OF WARRANTY STRICT LIABILITY IN TORT OR ANN' OTHER CAUSE OF ACTION. LIMITED WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES Seller warrants title, and that all services and goods sold hereunder conform to the label description. There is no other warranty or responsibility of any kind, express or implied, concerning the goods or services, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILTY OR FITNESS OF THE GOODS OR SERVICE FOR ANY PARTICULAR PURPOSE, AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW. No liability hereunder shall be asserted unless, any loss damage, injury, or other claim is reported to the seller in writing within thirty days after discovery, and failure to give notice of any claim within such period shall constitute an absolute and unconditional waiver of such claim. THE EXCLUSIVE REMEDY AGAINST THE SELLER FOR ANY CAUSE OF ACTION IS A CLAIM FOR DAMAGES AND IN NO EVENT SHALL DAMAGES OR ANY OF THE RECOVERY OF ANY KIND AGAINST SELLER EXCEED THE PRICE OF THE SPECIFIC GOODS OR SERVICES WHICH CAUSED THE ALLEGED LOSS,