Prices quoted are firm for thirty (30) days from date of proposal. Prices quoted may not include applicable sales, use, or excise taxes. Such taxes shall be added to the invoice at the time of billing, and where Seller is required by law to collect said taxes, are the sole responsibility of Customer unless Customer provides Seller with a proper tax exemption certificate.
Acceptance of the proposal is only upon receipt by Seller of this Agreement dated and signed by Customer.
All orders and Plans (as that term is defined below) are custom orders and Plans and are not subject to cancellation after Customer’s acceptance has been received. Customer acknowledges that Seller will have expended considerable resources in preparing the order(s) and Plans on behalf of Customer which are not otherwise recoverable.
Customer understands and agrees that the information contained in this Proposal and the related drawings, plans and documents (collectively, “Plans”) are Seller’s exclusive property. Seller grants Customer a limited license to use the Plans solely for purposes of this order. Customer shall not disclose, use in any fashion, or reproduce; in whole or in part, the Plans without Sellers’s prior express written consent. Customer shall immediately return to Seller the Plans and all copies thereof to Seller if Customer does not engage Seller for the work. Seller, it’s successors and assigns, retain all common law, statutory and other reserved rights, including copyrights, related to Plans and shall have the right to bring appropriate legal action against Customer and third parties to enforce such rights.
Delivery and Installation
The job site shall be clean, clear, and free of debris prior to installation. The region of the building to receive the computer equipment will be complete and ready for computer equipment installation. Any delays caused by the preparation of the building or job site will be billed on a time and material basis. Electric current, heat, light, hoisting and/or elevator service will be furnished without charge to Seller. Adequate facilities for off-loading, staging, moving and handling of merchandise shall be provided to Seller without charge. Delivery and installation will be made during normal working hours, unless otherwise explicitly agreed upon in writing by both parties. Customer shall be solely responsible for additional labor costs resulting from overtime work performed at the Customer’s request. Merchandise shipped direct to the Customer from the manufacturer will be the responsibility of the Customer. Customer must report shortages, damages, or errors with respect to such merchandise, in writing, within ten (10) days of the delivery date of that merchandise. Seller will thereupon repair or replace, as necessary, such merchandise as has been damaged at the time of the Customer’s receipt by persons other than the Customer or those under the Customer’s control. All other merchandise shall be deemed to have been fully accepted by the Customer subject only to final installation thereof to be performed by the Seller. Damaged merchandise must be made available for inspection and/or removal by Seller in order to expedite the resolution process. Merchandise delivered and brought onto the job site by Seller or shipper as scheduled shall be inspected and fully accepted at the time of delivery by the Customer, subject only to any final installation thereof to be performed by the Seller. Failure to report any shortages, damages, or errors in writing, at the time of delivery, will constitute Customer’s full acceptance of the merchandise. Should Customer require Seller to utilize union labor on any portion of Seller’s work, Customer shall be responsible for and reimburse Seller all additional wages, benefits and employer contributions (including all taxes) beyond Seller’s standard wages, benefits and employers’ contributions. Delivery shall be subject to and contingent upon strikes, labor difficulties, riot, civil unrest or fire delay, or default of common carriers, failure to curtailment in the Sellers’ usual sources of supply, governmental decrees or orders, or, without limiting the foregoing, any other delays beyond the Seller’s reasonable control, and the Seller shall not be liable for any loss or damage arising therefrom.
Prices quoted are based on delivery and invoicing of merchandise as available in whole or in part on or after scheduled delivery date. Seller will hold that merchandise free of charge for the customer for a period of fifteen (15) days. If the Customer indicates that merchandise is to be held beyond this time period, additional storage charges will apply, which Customer hereby agrees to pay. Seller will encounter no delays caused by third party involvement, including deliveries which are out of Seller’s control. Any delays caused by third parties will be billed on a time and material basis.
No liability shall accrue against the Seller as a result of any breach of these terms and conditions resulting from any work stoppage, act of God, unauthorized delays by the manufacturer, or other delay beyond Seller’s control.
Blue Bastion is not responsible for delays due to circumstances beyond our control. The proposal is good for 30 days from the day that the proposal was presented. Upon acceptance of the proposal and signature, a down payment of total hardware, software, and network equipment costs or 50% (whichever amount is greater) is due at signing of contract with the remaining balance due at Completion of the project. Customer shall pay within 10 days of receipt of invoice all third party shipping charges and taxes for any merchandise shipped to either Customer or Seller. Customer shall pay a delinquency charge of 1.5% assessed monthly against any amounts not paid within these terms Assuming timely notice of shortages, damages, or errors as provided under “Delivery and Installation,” above, payment may be withheld for merchandise invoiced but not received or received in unacceptable condition until Seller remedies the situation.
Customer hereby grants and Seller retains a security interest in the subject matter of this agreement to secure the payment of indebtedness remaining unpaid hereunder, including but not limited to all hardware, software and any and all other general intangibles associated with Seller’s work.. Customer agrees to execute financing statements and to perform such other actions as Seller requires in connection with such security interest.
The seller makes no warranties express or implied, including warranties as to the merchantability or as to the fitness of the merchandise for any particular use of purpose, and seller shall not be liable for any loss or damage, directly or indirectly, arising from the use of such merchandise or for consequential damages. Customer’s damages, if any, are limited to those amounts paid by customer to seller hereunder.
Terms and conditions as set forth herein may be altered only upon the written approval of both the Customer and the Seller. Parties agree to conduct transactions by electronic means.
This contract shall be deemed to have been entered into the Commonwealth of Pennsylvania and any controversy, claims or disputes arising out of the same shall be governed by the laws of the Commonwealth of Pennsylvania. The parties agree that any controversy, claim or dispute arising out of this contract shall be brought solely in the courts located in Allegheny County, Pennsylvania, and further agree that the prevailing party will be entitled to recover attorney’s fees and costs resulting from said litigation.
These terms and conditions represent the entire agreement between the parties and there are no prior or contemporaneous agreements that may alter this agreement.