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- This estimate constitutes
our offer and becomes our binding contract
on the terms set forth herein when it is accepted
either by acknowledgment or by performance.
The buyer’s confirmation or order of
services constitutes an acceptance of this
offer irrespective of any conditions set forth
by the buyer unless said conditions are expressly
accepted in writing by the seller.
- WARRANTY (Limited):
Waterjet West, Inc. warrants its cutting service
to meet customer requirements as agreed on
estimate and will provide certificate of conformity
documents and dimensional inspection reports
as required by the customer. Materials provided
by Waterjet West Inc. are to be of standard
quality and commercially available and provided
with any mill certifications if required.
Waterjet West, Inc. does not provide any structural
engineering and does not warrant any of the
products it fabricates for merchantability,
fitness for use, or product liability. If
dimensional defects are found by buyer, Waterjet
West, Inc. reserves the right to replace those
products in a reasonable time as agreed by
both parties and no other claims or demands
whatsoever shall be made upon Waterjet West,
Inc. Waterjet West, Inc. is liable for cutting
services only, material provided by buyer
will be stored in locked yard, Waterjet West,
Inc. is not liable for theft or damaged material.
- EXTRA WORK: Should
buyer direct any additional work outside the
estimate or provide material that requires
additional handling or other processes outside
the scope of the estimate Waterjet West, Inc.
will notify the buyer of the extra charges
and reserves the right to terminate the work
if an agreement is not met. Should buyer request
changes, buyer shall pay for that portion
of any work completed before changes to the
original estimate were requested by buyer.
Buyer’s request for extra work shall
be made in writing, but Waterjet West, Inc.
shall be paid for extra work requested by
buyer whether reduced to writing or not.
- RIGHT TO STOP WORK:
Waterjet West, Inc. has the right
to stop work if buyer fails to pay when due.
Waterjet West, Inc. may demand and shall receive
payment from buyer for all work in process
or performed, materials ordered or supplied,
and any loss sustained by an order to stop
work by buyer, any court or other authority.
- DELAYS:
Waterjet West, Inc. will be excused for any
delays covered by this contract caused by
acts of God, labor troubles or strikes, extra
work imposed by buyer, inclement weather,
material deliveries, changes caused by buyer
or all other contingencies unforeseen and
beyond the reasonable control of Waterjet
West, Inc.
- GOVERNING LAW:
This agreement shall be construed in accordance
with, and overturned by the laws of the state
of California and venue shall be in San Diego
County.
- SEVERABILITY: The
provisions of this agreement are severable,
and if any provision of this agreement shall
be held to be invalid or otherwise unenforceable,
in whole or in part, the remainder of the
provision or enforceable parts thereof, shall
not be affected thereby.
- WAIVER: The
failure of either party to enforce any provision
of this agreement shall not be construed as
a waiver of any such provision, nor prevent
such party thereafter from enforcing such
provision or any other provision of this agreement.
The rights granted both parties herein are
cumulative and the election of one shall not
constitute a waiver of such party’s
right to assert all other legal remedies available
under the circumstances.
- ENTIRE AGREEMENT:
This contract constitutes the entire, exclusive
and complete agreement by and between Waterjet
West, Inc. and the buyer regarding work to
be performed under this contract and supersedes
any and all prior, contemporaneous, or subsequent
oral promises, representations, of agreements.
This contract may only be modified or amended
by a subsequent writing signed and dated by
both Waterjet West Inc. and the buyer and
may not be modified on the basis of any actual
or alleged fully executed oral agreement,
whether or not supported by independent consideration
except as set forth for extra work in paragraph
3.
- MEDIATION: Waterjet
West, Inc. and buyer agree to mediate any
dispute or claim arising between them out
of this agreement, or any resulting transaction,
before resorting to arbitration or court action.
Mediation fees, if any, shall be divided equally
among the parties involved. If, for any dispute
or claim to which this paragraph applies,
any party commences an action without first
attempting to resolve the matter through mediation
or refuses to mediate after a request has
been made, then that party shall not be entitled
to recover attorney fees, even if they would
otherwise be available to that party in any
such action.
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