1. Terms and Conditions.
These
terms and conditions apply to any installation services provided by Above All Installations
L.L.C. (A.A.I.) to Customer and any related quotation or proposal by A.A.I. Any
different or additional
terms in any documents from Customer are objected to and rejected, are deemed
to materially alter
these terms, and will not become part of any contract.
2. Installation.
Customer
Responsibilities Customer agrees to prepare site and provide utilities and
other support as reasonably
required by A.A.I. for installation and testing, and to perform the
following:
a.
Floor. Floor shall be concrete or other sound material acceptable to A.A.I. and
shall be flat and even (less than
1/4" elevation variation over ten linear feet in any direction). Any costs
incurred for drilling anchor holes
as a result of interference with reinforcing rods, mesh or other materials due
to hard anchor receiving materials
shall be reimbursed by Customer.
b.
Dry, Clean. Maintain the site in a dry condition and free of obstructions or
debris other than those caused by
A.A.I. Provide a trash container located not more than 100 feet from the
installation area. (A.A.I. will clean
up debris it causes.)
c.
Utilities. Provide light, electric current and wiring, as may be required to
install, test and operate Equipment.
Provide a constant source of electrical supply, at least 100 feet of extension
cord per power tool required,
and adequate outlets within the 100 foot perimeter. Provide sanitary facilities
and fire protection equipment.
d.
Security and Storage. Provide adequate and secure covered storage facilities
for material shipped to site before
or during installation. Provide first aid equipment required by OSHA.
e.
Free and clear access; unloading. Provide sufficient lay-down, staging and
assembly areas immediately adjacent
to construction area. Provide sufficient free and clear access roads, deck areas and aisles. Provide lift
equipment on a continuous basis throughout the installation time for lifting
and transporting the Equipment.
f.
Permits. Apply for and obtain prior to commencement of installation by A.A.I.
all building, erection or related
permits, licenses, inspections and surveys necessary for installation of
Equipment in accordance with all
regulations.
g.
Coordination. Coordinate the activities of Customer subcontractors with A.A.I.
to prevent interference with
A.A.IÕs work.
If any of CustomerÕs responsibilities are not
satisfied, then A.A.I. may in its discretion have
the installation crew, at the expense of Customer, perform any work appropriate
to meet the required conditions,
or may alternatively halt and delay the work and may have the crew leave the
site and return when
conditions are satisfied. All extra costs including demurrage charges incurred
by A.A.I. as a result shall
be paid by Customer.
3. Commissioning and Testing.
A.A.I.
will commission the Equipment by performing all final adjustments and testing
of the installed Equipment
required to establish that the Equipment performs in accordance with the terms
of the Proposal. Upon
notice that the commissioning has been completed, Customer may conduct testing
prior to accepting the
Equipment, but only with
A.A.I. designated representative present. Customer will promptly notify A.A.I.
in writing of any deficiency in the Equipment's performance relative to the
Proposal. Customer will not
use the Equipment prior to acceptance.
4. Partial Utilization
.
Customer
may use finished parts of the Equipment before substantial completion of the
entire Equipment, only
if Customer and A.A.I. agree in writing that it is a separately functioning and
usable part of the Equipment
that can be used by Customer without significant interference with A.A.I.Õs
performance with the
remainder of the installation. If Customer desires to use any such part
of the Equipment, Customer shall
submit a written request to A.A.I. describing the proposed use and certifying
that in CustomerÕs opinion
such part of the Equipment is substantially complete and can be used without
significant interference;
Customer will not make such partial usage without A.A.I.Õs written consent.
Such partial usage will
constitute acceptance of such portion of the Equipment.
5. Insurance
.
a.
A.A.I. carries prudent levels of general liability, automobile liability and
workers compensation insurance. Customer
carries prudent levels of general liability, automobile liability and workers
compensation insurance.
b.
Each party retains the right to be represented, at its sole option and expense,
by attorneys of its own selection
in connection with any claims or legal proceedings covered hereunder. The
exercise of this right to select
its own attorneys will not detract from the other partyÕs obligation to procure
insurance.
6. Price
.
Any
proposal price is based on utilizing local non-union labor, working an eight
hour shift Monday through Friday.
Unless otherwise stated in a final proposal by A.A.I., none of the following
have been included in the
purchase price: (a) wages for overtime or holiday work, (b) extra expenses due
to importing labor, (c) wages
due to overtime demanded by a labor union as a condition of employment, or (d)
increases in union wage
rates at the time of installation above such rates in effect as of the date of the contract between Customer
and A.A.I. If A.A.I. experiences increases in costs thereby, Customer will
reimburse A.A.I. for the
amount of such increase in cost plus fifteen percent (15%) of such amount to
provide for additional insurance,
taxes, handling, profit and miscellaneous charges.