EFTA00794319.pdf

CONTECH ENGINEERED SOLUTIONS Quotation Pager/ 1/3 A QUIKRETE® COMPANY Quote II QUO-287041.L7F6L6 Date 8129/2017 Account Name Zorro Management Reply-To Quote It QUO.287041-L7F6L6 Contact Name Steve Chavez Contech Rep. Joe Menicucci Phone (505) 453-4238 Address 10300 Central SW, Albuquerque. NM, 87114 Quote Name 24" CMP and Bands Fax Phone 505.842.8282 Email schavez7815@gmailcom Fax Project Albuquerque, NM Email [email protected] City:State Contech's otter to ell the products described in thi quotation is expressly conditioned upon Buyer's assent to he Contech Conditions of Sale ("Canted, COS") included herewith antler viewable at www.conteches.comeos. A valid tax exemption certificate mu I be issued to Contech or sales tax Ma be added. MOM # Description Pieces Quantity Extended Unll Unit 1 Unit Total Price H/C PIPE 2 2/3x1/2 GALV LS 16GA 24* - Length : 30 2.00 60.00 $20.52 FT $1,231.20 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 24 4.00 96.00 $20.52 FT $1.969.92 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 20 16.00 320.00 $20.52 FT $6.566.40 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 12 2.00 24.00 $20.52 Fr $492.48 CSP BD 12"HUGGER GALV 16GA 24" 1PC - Notes for 1.00 1.00 $61.56 EA $61.56 Quote : w/O-ring gaskets Total $10.321.56 (Tax not included) Net Total $10.321.56 Standard Notes 1.'Customer pickup at the Albuquerque plant. 2.Construction loadings typically exceed the intended post-construction live load used for design. Contact your Contech representative for specific guidelines and limitations based on the construction live loads anticipated. 3.Flexble structures of the type on this project are reliant on the type of structural backlit' used, the compaction of that material and the balanced placement of structural back ill. Contact your Contech representative for specific information. 4.Quotation is based upon estimated (not guaranteed) quantities. Buyer must verify final quantities needed prior to commencement of work by Contech. If Buyer elects to purchase from Seller only a portion of the material quoted, Seller retains the right to adjust its prices. 5.The estimated manufacturing lead time for this material is 1.2 weeks from the receipt of approved submittal documents. 6.This material will be manufactured for this particular project and is not subject to cancellation. See Section 19 of the Contech COS. 7.This quotation expires 30 days from the date shown. Prices are firm for sNpment within 60 days of the date of quotation and are subject to a maximum escalation of 8% for each 30 days thereafter. Scope Of Work Hel-Cor Pipe Corrugated Metal Pipe (Hel-Cor Pipe) will be provided in standard lengths. Special lengths may be provided at an additional charge and are subject to manufacturing tolerances and shipping limitations. Prices quoted are based on nesting diameters whenever possible. If unhested loads are required additional freight charges will be added. PAYMAIR TAFIMS ARE 1.2%40. NET 30 DAYS rnom DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NONSTANDARD ADO': G. IF NONSTANDARD. PAYMANT TERMS ARE II AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION. Z3 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED. CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS. BUYER'S SIGNATURE BELOW. DIRECTION TO MANUFACTURE. OR ACCEPTANCE OF DEUVERY OF GOODS DESCRIBED ABOVE. SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF ANOOR ON BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES. INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC. Acceptance Contech Engineered Solutions LLC. EFTA00794319  Page# 2/3 C T EC ® Quotation ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quote # QUO.287041-L7F6L6 WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL By Joe Menicucci TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech COS INCLUDED HEREWITH AND VIEWABLE AT liwAy.conteches.comicos Company (O) 505-842-8282 By (F) Title (Cell) Dale Title EFTA00794320 CUNTECH' ENGINEERED SOLUTIONS Quotation Pagel 3/3 A QUIKRETE® COMPANY Quote # OU0-287041-L7F6L6 Contech • CONDITIONS OF SALE I AreePTANCE. This detainer is an otter to eel to petenbal Buyer nor the consignee shal have the right to divert or recension consistently manlaned by Seller plus a reasonable profit cuslorner(s). BUYERS RIGHT TO ACCEPT THIS OFFER IS such shamed lo anydestine:3n other than specified ih the bit of thereen, but in no event more than the contract price; LIMITED TO BUYER'S ASSENT TO THE TERMS MD lading without permission d the Setter. Urless otherwise agreed (3) the cost Lob. Seller's plant of materials and supplies aoguted CONDITIONS PRINTED HEREON AND THE ATTACHED OR Soler reserves the right to select the node el transportation. especially for the purpose el performing this contract: and ACCOMPANYING OUOTE. AND NO TERMS ADDITIONAL TO OR (d) reasonable cancellation charges, if any, paid by Setter on DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON B. PAYMENTS AND LATE CHARGES ON PAST DUE account el any commitment(s) made hare:der. SELLER. THERE ME NO UNDERSTANDINGS, TF-RMS, ACCOUNTS. Buyer represents that Buyer is sohnnt and can and CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED wit pay for the predate sold to Buyer in accordance with the terms 17. SELLERS RIGHT OF TERMINATION. In addition le the other HEREIN. hereof. tl Buyer shall lad to cemply with any prevision or to make rights of termination provided lor in this contract, and it this payments in accordance wdh the Mills of this contract or any other contract is made pursuant to any governmental rule or regulation. 2 LIMITED WARRANTIES. Salter warrants that it anconvey contract between Buyer and Seller. Seller may at its option deter plan, order or other directive, upon the directiw. effected or good WM lo the products sold under this contract and that they are shipments or. without waiving any other rights it may have. impaired.terminalion tercel. Seller shall have the option al free el liens and encurrbrances. Seller deo warrants Thal the terminate this contract. Al deliveries shall te subject to the canceing this contract in whale or in part. products sold under this contract are substantially free from defects approval d Seller's Credit Department. Seller reserves the right. in rralerial and workrnanshp for a period of one year the, the date before making any delivery, le require payment in cash or security 18. WAIVER, Failure or inabilty of either party to enforceany rip of delteery. There are no express or impled warranties with respect for payment. and if Buyer fails to comply with such reepirement. hereunder shall net waive any right n respect to any ether a to products sold hereunder whch are maned. abused or used n Soler may terminate this contract. A late charge of I' M% monthly future rights or occurrences. conjunction rah mechanical equipment improperly designed, used (II% annual rate) or the maxima allowed by stale law, if less, will or mareamed, or which tee used. suppled lor use or made te imposedon all past due accounts, and Buyer is responsible for 19. DELIVERY. Unless otherwise agreed to in wrtig by the available for use n any nuclear anat.:alien of which Seller has not all costs d collection inducing without limit:ben reasonable Seller, the Buyer hereby agrees to lake delivery d the materials been notified in veiling by Buyer at the lime el order for the products attorneys' lees and court oasts. on this order wdhin the later of thirty (30)days after the wanted sold hammier. SELLER MAKES NO OTHER WARRANTY date shown en the lace el the order or within thirty (30) days after WHATSOEVER. EXPRESS OR IMPLIED. ALL IMPLIED 9. TRANSPORTATION CHARGES. Delivered prices or prices notification, oral or written, that the materials are ready for WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED involving competitive transportation adjustments shall be subject to shred. In the event that the Buyer does at arrange le lag WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE appropriate adustment le reflect changes in transportation charges. delivery of the materials in accordance wdh this Contract. Seler. ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS al Seller's option. may: CONTRACT. 10, CLAIMS BY BUYER. Buyer shall thoroughly inspect products (a) invoke the Buyer for the materials less freight if applicable: sold under this contract immediate,/ upon receipt to verily store the material in Seller's yard for a period not to exceed sixty 3. LIMITATION CF BUYERS REMEDIES AND SELLERS conformance with the specifications of the corned. Buyer must (60)days from the dale el invoice: charge a storage lea not to LIABILITY. Seler's leanly hereunder shall te limited to the notify Seller d china lor failure or delay in delivery within 30 days exceed 5% per month or traction thereat el the seltng price el the cagabon torepair or replace only (hose products proven to have after the scheduled delivery dale. Buyer must not Seller of any stored materials: add any apptcable prise increases feted en the been defective in material or workrnarshp al the true of delivery. or claims lor nonoonlorining or dialect* products within 30 days alter face of the order: charge lor any repair work to protective coatings aloes credit. al its option. Setter's total cenutaliveliabilty n any the nonconformity or and was or should have been discovered. In harmed by wealhenng whale such material is being stored and way arising horn or pertaining to any product or service sdd or addlion. Seller must be given an opporturity le investigate the claim charge applicable freight when shipment to the Buyer is made. required to be sold under this contract stall NOT in any ease before Buyer deposes of the material, or else Buyer's claim wll be Materials remaining in storage after sixty (601 days from the exceed the purchase prise paid by Buyer for such products or barred. Seller shall incur no liabilty lor damage. shorter,, or other invoice date shall become the properly of the Seller for deposition seMees. N NO EVENT SHALL SELLER HAVE ANY LIABILITY causeart:tadto have occurred or existed al or prior todelivery to al the Seller's decretian In that evert. Buyer shall not be liable FOR COMMERCIAL LOSS. LOST PROFITS, CLAIMS FOR the carrier unless the Buyer shall have entered lull &dais thereof en for the invoice price el the materials, but shall te ratite for the LABOR. OR CONSEOUENTIAL SPECIAL. PUNITIVE OR its recept to the carrier. storage fee and any repair work 10 protective coatings; a INCIDENTAL DAMAGES OF ANY TYPE. WHETHER BUYERS (b) cancel the order and invoice the Buyer for cancellation CLAIM BE BASED IN CONTRACT. TORT. WARRANTY. STRICT 11. MECHANICAL PROPERTIES: CHEMICAL ANALYSES. Data charges, which shal be 25% el the soling price of the materials if LIABILITY. NEGLIGENCE. OR OTHERWISE. IT IS EXPRESSLY referring to mechanical properties or chemical analysis are the the materials are standard. irstock meant, or the WI seltng AGREED THAT BUYER'S REMEDIES EXPRESSED Pi THIS result of rats performed en spedmens atoned from specific price it the materials an special or nonstandard in nature and PARAGRAPH ARE BUYERS SOLE AND EXCLUSIVE locations of the proluel(s) in accordance with were especially fabricated for the Buyer. REMEDIES. prescribed sampling procedures; any warranty thereof is limited to the values obtained al such locabons and by such procedures. 20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any d. LIMITATION CF BUYER'S REMEDIES AND SELLERS There is no warrardy with respect le vales el the materials a other action by Buyer against Seiler relating to this contract or the LIABILITY FOR FAA.URE OR DELAY IN DELIVERY. NO locations. products sold hereunder, including, without Imitation. any action DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND for breach el contract ce warranty. or otherwise in connection with D(CLUSNE REMEDIES AND SELLER'S ONLY LIABILITY FOR 12, PATENTS. Seller shall indemnify Buyer against attorneys' fees the produce sold under this cataract. MUM be commenced by ANY DELAY N DELIVERY SHALL BE LIMITED AS SET FORTH and any damages or costs awarded against Buyer in the event any Buyer against Seller within one year alter the cause el action N PARAGRAPH 3 OF THIS CONTRACT. legal proceeding is brought against Buyer by a third person claiming therefore accrues or we year el delivery el the products sold the material armored hereunder in dull consetules an infringement hereunder, if less. 5. FORCE MAJEURE. h any event and n eldben to al ether of any U.S. paled. provided Buyer gives Seller prompt notice of any limitations slated herein. Seller shall net be liable for any ad. such suit bang brought, gves Soler the oppertunty to delend any 21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any omission. resuk or consequence. including but not Imbed to any such sut andcooperates with Seller with rasped to any such terms and cendflons el any purchase order or other instrurnert delay in delnery or perlorinance. which is (i) due ha any ad el God. defense; unless the material is made in accordance with material issued by the Buyer, in connection with the subject matter of this the performance of anygovernment ceder, any order bearing priority designs, or specifieasers fettered by Buyer, in whch case Buyer document, which are in addition le or inconsistent with theterns rang or order placed under any abeam aware (mandatory or shall sanitary indemnity Seller. and conditions expressed herein, wit not be binding on Soler in votataryl esladished pursuant to law, local labor shortage. fire. any matter whatsoever unless accepted by Seller in weans. flood or other casualty, governmental regulation or requirement, 13, PERIAISSWLE VARIATIONS. The products sold hereunder shortage or failure or raw material. supply. fuel. power or shall be subset to Selter's standard manufacturing variabons. 22. SEVERABILITY. In case any provision el this contract shell transpertabon, breakdown of equipment. or any cause beyond tolerances and classifications. be declared invalid, illegal or unenforceable. the validy, legalty Setter's reasonable control whether al similar or dear-ale nature to and enlorceatility el the remaning provisions shall not in any way those above enumerated. or (ii) due to any strke, labor dispute, or 1d. TECHNICAL ADVICE. Buyer represents that it has made its be affected or mwed. dilemma with workers. regardess d whether or at Seller is own independent determination that the products it is purchasing capable el settling any such labor problem. under this contract meet the design requirements el Buyer's woad 23. APPLICABLE LAW. This contract shall be governed by, and and are waren for Buyer'sintended application. Buyer further construed and enforced in accordance with. the laws of Ohio. 6. BUYER'S OBLIGATION TO PASS ON LIMITATION OR represents that it has not relied in any respect on any written or oral Buyer and Seler speoicaly agree that any legal action brought WARRANTIES AND REMEDIES. In order le protect Seller agaral statements or advice from Setter, ether than the standard product relating to this contract shall be brought and trod exclusively in claims by Buyer's buyer. if Buyer resells any d the products specifications eel forth in the most recent addbon of Seller's the *decal district court ii Cincirnab. Ohio, or, n the absence of purchased under this agreement. Buyer shal include the language published product brochures. in making that determination. jurisdaen. the Butler County Court al Common Pleas in contained in paragraphs 2 and 3 ol Ilis agreemed, doming with Hamden. Ohio. Setter's Imitations el warrardies and remedies, in an enter/cad:le 15. TAXES. No taxes imposed with respect el the sale el the agreement with Buyer's buyer. or otherwise include language in an products or services sold hereunder are included in any quotation REV. 03115 enforceable agreement nth its buyer that makes Sele/s limalien by Seller. All applicable taxes shall to added and paid by Buyer in el warrantee and renedes binding on its buyer. Buyer shall also addliori to the purchase prise. include a provision n its agreement with its buyer applyng Ohre law to any claims its buyer might assert agaral Seller wth respect to 16. BUYER'S RIGHT OF TERMINATION. Buyer may leonine, this products manufactured by Seler. and requirrig ds buyer to rang contract ih when or in part upon notice in wribng to Salter, Seller any such action against Soler eider in federal detrid court in shall thereupon cease work and bander to Buyer HI, to all Cincinnab. Oho or the common pleas court lor Buller County. completed and partialy completedpredate and to any raw Ohio. Buyer shal defend. indernnty and hold Seller hermit:se from materials or supplies acquired by Setter especially for the purpose any and all claims, causes of action, damages. /asses or expenses performing this contract, and Buyer shall pay Seller the sum of (intruder(' reasonable attorneys' fees) dial Seiler incurs by reason el the febowig: Buyer's (alum to campyWO this paragraph. (I) the contract price for all products which have been completed prior to termination: 7. PASSAGE OF TITLE. Tide lo the roads sold hereunder shall (2) the cost to Seller of the material or work in process as shown on pass upon delivery to the carrier al the point of shipment. Neither the books of Seller in accordance with the accourairg practice EFTA00794321