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<br />TERMS AND CONDITIONS OF SALE
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<br />1. QUOIIItIonL PREFERRED ALUMINUM INSTAllATION INC. offers '0 sell, fabricate, deliver and install the goods described herein upon
<br />the prices, terms and conditions of 'his quotation. PREFERRED ALUMINUM INSTAllATION INC. and '0 the extent it utilizessub-contrac'ors will
<br />be hereinafter referred to as "Seller". This quotation and the offer contained herein expires thirty (30) days after the quo'e date. None of our sales
<br />represen'atives have authori'y '0 modify, rescind or revise any of these terms or any of the terms appearing on the face of this quotation. Seller
<br />reserves the right to correct stenographic and clerical errors contained in the quotation and Buyer agrees tha' seller may do so without penalty.
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<br />2: ~ 01 Quotdon. This quotation constilUles Seller's offer 10 Buyer and shall becOme a binding ~n'ra~ upon, 'he lerms:andconditions
<br />88l tanh herein upGn acceptance by Buyer either by Buyer's wri,tterl acknowItIdgment of the ~nce of 'his quotation or by BUyer's sobmiliaion of
<br />a pU,rch~ order ~r lhe ~s ~Uoled. Any ,arms an~ conditions (Inc!\(d~~ce ~.~ ~~, ~ Byyer i~ a~pllng Seller's offef which
<br />are Inconsistent Wllh or In addition 10 \he ,arms herein set forth, shall be;voict SlId of no 8ffec:t unleu and 10 the eident expresilly acceplitd by Sellet's.
<br />authorized representative in writing, This quotation does not constitute an ilcceptance by Seller of'll/lYniqUest fc)r quote or.....y purchqa order, Reference
<br />In 'his quotation 10 any such request for 9UOle or purchase ~ shaU in no way CQIlSlIlUW .. modiflcationdf 1l/lY' of th~ 'ermsal1il' conditions of 'his
<br />quotation. The foregoing provisions of lhis paragraph are intended to have lhe force and effect of limiting acceplance of 'his quotation 10 its 'erms as
<br />provided in Florlcla StatutM section 872.2.207(2)(a). ' {...' i
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<br />3. PIt-. Prices are based on quantities processed, plans, spec:lflcations and measurements, In ,he _nt tha' the quantities ordered are less
<br />than those quoted or lhe plans or specificetions changed or ,he measurements changed, Seller reMrWS the privilege to inc_ prices 10 cover. addi-
<br />lionaI coeta. Work on orders which are proc:esaed f7IIer ,period of time ilxceeding sixtY (60) days of orders which are unusually large may. in 'he discretion
<br />of Seller be invoiced either mocrthly or at some other ~orter interval as the work pIOgresses. Since the prices quoted herein have ~n delermined
<br />In relation 10 the present cost of materials. Seller reseMIS the Ttght 10 cherge the customer for any Increase In said cost of materials. H~r, Seller
<br />shall not charge Buyer for any increases in the cost' of material- expertenced during 'he initial 'hirty (30) day term of 'his quotation unleli8 those cost
<br />inc:rMMS are, in SeIler's experience, linusual or ~ed. \
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<br />4. Terms 01 ~t: Unleu otheiwise specifled,'all i9I:is require a 50% ~ and' payment of'remainlng balaDceupon completion of the
<br />InSlIIIlaIion. " i
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<br />5. DelIwry. Dates qUOled are estlmalecf and not guaranteed aild are ~bjectto"'ler's ~iort load. availabilily of materials and sllt'Vices at
<br />the date of our quotation, Seller does not assume responsibility for d~.~ng <<Jut of or ~g to any delays which are beyond its direct con'rol
<br />including and wlthou' limitation, cau_ due 10 fire, floods, power shol1ag8s,.:1abbr trouble. .m8l;hanical '. breakdowns, acts of God, delay of carritlfS or
<br />lrUcks, 'otal or partial failure for any reason 01 usual sources of supply or 'rartspo!1ation, requl~nts apts, regulations or requeSlII of any governrnen'
<br />or subdivision 'hereof or any 8imUar C8UlI8 beyond Seller', control. Delivery .. are F.Q1l at the;b Site, unleu olh_lse stated on the face of this
<br />quotation, Seller reMrWS ,he right to mak8 delivery in inSlllllrnents. unIes8 ~,~ stlpul~ herein in writing. All such installmenl!l shall
<br />be separately invoiced and paid for when due withou' regard 10 subseqQent deliveries. '~/ln such delivery of any installments shall not relieve Buyer
<br />of its obligation 10 accept remaining deliveries. Any complete order on whictl shipment is 1IeI~ more then 'hirty (30) days beyond specified shipping
<br />date for Buyer's convenience, Is subject 10 addltlona1 cherges for storage. tlan4llng and In~ce u~ delivery hu been made.
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<br />6. __ Pr1ce8 are subjecllO any saJes or manufacturer's l8l! impoeed~,.i.d,rat, state,m~ or Olher, governmental auth_ority upon the
<br />sales and.lor manufacture of the materials quoted, and the amount 01 Such lax shall t:ie-in addition to!h8 Purchase price herein Slated and shall be paid
<br />by the Buyer. . .
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<br />7. Canc:ellat~. When a quotation has been accepted by 'he Eklyer, 'hili o,[der is nol,subject '0 cancellation except wi'h Seller's consen' and
<br />upon 'erms 'hat will indemnify Seller against all Io88es or dama~es. In 'he ~ that Buyer l:ancels an order following acceptance of this qUOlation,
<br />whether manufaeluring by Seller has commenced or not, Buyer agr:e" 10 pay ~Itr for any expenditures incurred for raw materlaI8, labor, handling,
<br />overhead. molds, jigs, fixtures. dyes, speciallools or special materialhnd,.:su, ~llesIorder+t by Buyer or provided by Seller as necessary for producing
<br />Buyer's order, as well as all 0Iher reasonable COSl8 and expensa inea.irtild. in connec:tiofl with ,he order.
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<br />a ~ In the went that any specified quantity is received by ..;e~ljyer in ~ qUanlity lesslhad lhe-quanlily of malerial supplied by Buyer.
<br />claims for shortage, which exceed one and onHtaJf percent (11}.,%) 01 a speclflcq~ntity1>rdered and supplied must be made within 'en (10) days after
<br />receipt of ,he goods, or no credit will be given by Seller for said shortages. No claim for JhOrtages will be made for shortages which are one and onHalf
<br />percent (11}.,%) or less of ,he material supplied by Buyer, it being specifically understood by \he Buyer 'hat there will be during 'he manufaeluring process,
<br />a certain amount of waate or foes of material.
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<br />9. ~ and 1\'acIem8rllL As required products and Items shall be processed by Seller to specifications fUrnished by the Buyer. In the lIVent
<br />Buyer provides such specifications, ,he Buyer warran's 'het ,he items produced by Seller will not be an infringement of any valid pa'en' or trademark;
<br />and 'he Buyer further agr-. at his own expense, 10 defend any and all aellons and suits which may be brough' against Seller charging infringemen',
<br />and 10 pay ai' attorneys fees, costs and expenses of every nature incurred in such defense and to fully sa'isfy any al'ld all judgmenls or decrees for profils,
<br />damages or costs lherein and Olh_ise agrees '0 indemnify and hold Seller harmleu in case of any_infringement.
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<br />10. Wananty. Seller warrants all products of its manulaelure lD be free from defects In workmanship and ma'erial at 'he time and poin' and delivery,
<br />and Seller will, at its option, replace, repair or render a creel" '0 Buyer for any item furnished by Seller and proved to be defeclive or nonconforming
<br />10 Buyer's specifications within a period of lwelve (12) mon'hs from its installation. SELLER SPECIFICALLY DISCLAIMS ANY AND ALL IMPUED WAR-
<br />RANTIES OF MERCHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES PROVIDED HEREIN SHALL BE THE SOLE AND
<br />EXCWSlVE WARRANTIES BETWEEN THE PARTIES. SELLER SPECIFICALLY DISCLAIMS ANY CONSEQUENTIAL DAMAGES INCWDING INJURY
<br />10 PERSONS OR PROPERTY WHICH OCCUR AS A CONSEQUENCE OF A DEFECT IN A SELLER MANUFACTURED PRODUCT OR AS A CONSE-
<br />QUENCE OF DELAY IN DELIVERY OF A PRODUCT.
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<br />11. ClaIma. Buyer', clalms for nonconformity with speclflcations or shortages must be made in writing within ten (10) days after receipt of goods.
<br />Seller will not honor claims for defectlve goods on lhose items further processed by the Buyer and resulting in change of dimensions or charaeleristics
<br />from item8 as ordered. Only claims which the Buyer Identlf1e8 In writing as defective or nonconforming will be <:onsidered. Seller reMrWS the righ' 10
<br />il1llp8Ct the goods prior 10 maldng a settlemem and Seller's lIabilily shall be limited as 88l forth in paragraph 10 above.
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<br />la.Jfa~I..lr. ...1IpecIIIo...o1loM. UnleRGlIllInMe apedfled by the Buyer. all shlpmentll will be packaged in bulk and pnll8Clted agalnstnormal
<br />handling and transler. If special ~. requlIlIted. it will be charged .'III\.ma. Unless olherwlse indicated ori the f1lCe oIthls quolIItion, all materials
<br />shaP be processed in accordance with .5alJer's specifications.. Wheo Buyer purchasas PUlllUant to his own spectftcations Seller will nol be responsible
<br />for the design ind fittIng.of parts, toleranees, finishes and other rWclulremenls specified by the Buyer,
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<br />13. DeIIIuIt. No dlilllult shaH exist If the performance 01 Sellilll"s obligations Is prevented or delayed by acts of God or government, labor disputes,
<br />failure or delay of traneportIItion or by 'I8f1CI[n or subcOr1tI'aCtOr, fit' any olher similar cause or causes beyond Seller's reasonable control. In lhe _nt
<br />Seller retains an attorney 10 enforce 'he 'erms and condllions of 'his quotation, or 10 collect sums owed it under this quotation, whether said sums are
<br />owed for nonpayment of tfte goods dalivefed, or for cancellation of any order or other cause of Buyer giving rise '0 damages. Buyer agres' 10 pay Seller's
<br />~ atlOmeys fees and costs, including coats and attorneys fees' Incurred, on the trial and appellate Iwell!. Sums which are due but which are
<br />not Paid lri'ieco'rdance with the terms and conditions of 'his quotation will accrue imerut a'the maximum rate aI~~ by the laws of 'he State of FlorIda.
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<br />14. CoMIrucIIon. This quotation and the pertormanCle of the partielI hereunder shall be construed In ~ with and ~ by the I8wa
<br />of ,he State 01 FlorIda. ' . .',
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