This document forms an integral part of the proposal. Should any conflict exist between a specific proposal for the project and these Terms and Conditions, the specific proposal shall govern.<\/p>\n\n\n\n
TJ Nowak Supply Co., Inc. shall submit monthly progress billings on or about the first day of each month for one hundred percent (100%) of all work performed and material stored on site, or such other location as is mutually acceptable, less any prior billings.<\/p>\n\n\n\n
Upon substantial completion of the specific work covered in the proposal, TJ Nowak Supply Co., Inc. shall submit a final billing for the full amount of the contract, less the prior progress billings.<\/p>\n\n\n\n
All billings shall be payable by the Purchaser on or before the last day of the month in which they are submitted, or twenty-five (25) days after the date of the invoice, whichever is later. Purchaser agrees to pay TJ Nowak Supply Co., Inc. a service charge of one and one-half percent (1-1\/2%) per month on all past due balances.<\/p>\n\n\n\n
All work shall be done in a first-class and workmanlike manner using new materials, unless specified elsewhere, conforming to industry standards for their intended use.<\/p>\n\n\n\n
TJ Nowak Supply Co., Inc. warrants the work covered by this proposal to be free from defects in material and workmanship for a period of one (1) year from the date of substantial completion.<\/p>\n\n\n\n
This limited warranty is expressly in lieu of any other express or implied warranties, including but not limited to any implied warranty of merchantability or fitness for any particular purpose.<\/strong><\/p>\n\n\n\n TJ Nowak Supply Co., Inc. shall maintain its work area in a clean and orderly condition and shall dispose of its rubbish and debris at an on-site location designated by Purchaser.<\/p>\n\n\n\n TJ Nowak Supply Co., Inc. shall carry Workers’ Compensation, Public Liability, Property Damage, Automobile Liability, and Completed Operations Insurance throughout the duration of the work.<\/p>\n\n\n\n TJ Nowak Supply Co., Inc. shall indemnify and save harmless Purchaser from and against all claims and actions arising out of injuries or damages to persons, including death, or property when legally caused by the sole negligence of TJ Nowak Supply Co., Inc. in the performance of the work specified in this proposal. If such injuries or damages are caused by the legal negligence of TJ Nowak Supply Co., Inc. and the joint or concurrent conduct of any other party, including the Purchaser, TJ Nowak Supply Co., Inc. shall so indemnify and save harmless the Purchaser in the proportion that the legal negligence of TJ Nowak Supply Co., Inc. bears to the total cause.<\/p>\n\n\n\n If the premises on which the work is to be performed is owned by anyone other than Purchaser, Purchaser warrants to TJ Nowak Supply Co., Inc. that permission of the owner(s) has been obtained to do the work. Purchaser shall indemnify and save harmless TJ Nowak Supply Co., Inc. against all claims and actions arising out of any failure to obtain such permission.<\/p>\n\n\n\n Purchaser warrants that the structure of the premises is sufficient to support the proposed installation. Purchaser agrees to indemnify and save harmless TJ Nowak Supply Co., Inc. from and against all actions, claims, damages, expenses, fees, judgments, or liabilities arising from any structural failure of the premises.<\/p>\n\n\n\n Purchaser shall inform TJ Nowak Supply Co., Inc. of any safety or health hazards inherent to the premises, its contents, and its operations and shall pay TJ Nowak Supply Co., Inc. the additional cost resulting from the precautions necessitated by these safety or health hazards plus overhead and profit in addition to the contract price. Any safety or health hazards of which TJ Nowak Supply Co., Inc. was informed in writing, or of which TJ Nowak Supply Co., Inc., as a competent contractor, should have been aware, shall be deemed to be included in the proposal.<\/p>\n\n\n\n Purchaser shall furnish without cost the following:<\/p>\n\n\n\n The title to and ownership of the installation shall remain in TJ Nowak Supply Co., Inc. until the entire contract price has been paid by the Purchaser. In case of failure or refusal on the part of the Purchaser to make the payments when due under this contract, TJ Nowak Supply Co., Inc. may, at its sole option, demand full payment for work performed, cease performing the work, and\/or terminate the contract. Should Purchaser default, TJ Nowak Supply Co., Inc. shall have the right to enter upon the premises, take possession of and remove the installation, or render the installation inoperable.<\/p>\n\n\n\n If, at any time, any controversy shall arise between TJ Nowak Supply Co., Inc. and Purchaser regarding anything pertaining to this Agreement and which the parties hereto do not promptly adjust and resolve, the controversy shall be submitted to and resolved by litigation or by arbitration, at the sole election of TJ Nowak Supply Co., Inc., in the city first above written. Arbitration shall be conducted under the Construction Industry Rules of the American Arbitration Association then obtaining.<\/p>\n\n\n\n All work shall be done during normal working hours and days. Should Purchaser require the work or any portion thereof be done outside of normal working hours or days, TJ Nowak Supply Co., Inc. shall be paid for the additional cost of that premium time, including the appropriate inefficiency factor, plus overhead and profit in addition to the contract amount.<\/p>\n\n\n\n TJ Nowak Supply Co., Inc. shall not be liable for any damages for delays beyond its direct control, including but not limited to work stoppages, unavailability of materials, civil disturbance, or acts of God.<\/p>\n\n\n\n Purchaser shall have thirty (30) days from the date of issuance of this proposal to make an offer to purchase. The signature of Purchaser on this proposal in the form provided shall be the sole manner of making an offer to purchase, notwithstanding issuance of a purchase order on Purchaser’s own form. In the event of inconsistencies or discrepancies between the offer to purchase as endorsed by Purchaser on this proposal and a purchase order on Purchaser’s form, the terms and provisions on this proposal shall be controlling.<\/p>\n\n\n\n If Purchaser shall direct any change in work, work hours, changes in work due to codes or standards enforced by any authority having jurisdiction, or other delays in the performance of the work of which TJ Nowak Supply Co., Inc., as a competent contractor, could not have or should not have been aware at the time of the proposal, Purchaser agrees to pay TJ Nowak Supply Co., Inc. the additional cost resulting from such change(s) plus overhead and profit in addition to the contract price plus an equitable time extension to the contract.<\/p>\n","protected":false},"excerpt":{"rendered":" This document forms an integral part of the proposal. Should any conflict exist between a specific proposal for the project and these Terms and Conditions, the specific proposal shall govern. Payments TJ Nowak Supply Co., Inc. shall submit monthly progress billings on or about the first day of each month for one hundred percent (100%) … <\/p>\nOther Obligations of Purchaser<\/h2>\n\n\n\n
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Security<\/h2>\n\n\n\n
Disputes<\/h2>\n\n\n\n
Overtime<\/h2>\n\n\n\n
Delay<\/h2>\n\n\n\n
Acceptance and Approval of the Proposal<\/h2>\n\n\n\n
General<\/h2>\n\n\n\n