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<br /> 2950 Alvarado St., Suite A , San Leandro, CA 94577
<br />(510) 935-0086
<br />CA Lic. #1058493 DIR # 1000518465 NV Lic. #0087492
<br />Terms and Conditions
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<br />Prices Subject to change if not accepted in 15 days.
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<br />50% deposit with remainder due upon completion, OR Per accepted terms/PO
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<br />4% credit card processing fee
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<br />Terms and Conditions of Contract
<br />Terms: Terms are as indicated on the front of this agreement. All prices quoted are F.O.B. Frontier Building Products Pacific , LLC (hereinafter “Company”), place of
<br />business as point of shipment; transportation and other freight charges are not included on quoted price unless expressly stated upon the front of this agreement and will
<br />be added to the final invoice.
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<br />Service Required: Customer acknowledges that equipment furnished by Company uses mechanical and/or electronic components capa ble of unpredictable failure or
<br />malfunction. They require adjustment, maintenance and service from time to time. Such components are not represented nor warranted by Company as “maintenance
<br />free”.
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<br />Delays: Company shall not be liable for loss or damage due to delay in delivery, providing service, material, equipment, or f or interruptions in service or for loss of use
<br />of service or equipment or materials resulting from any cause beyond its reasonable control. This includes without limitation, compliance with any regulations, orders or
<br />instructions of any governmental entity or part thereof, acts of God, or omissions of Customer, acts of civil or military aut hority, fires, strikes, factory shutdowns or
<br />alterations, embargoes, war, riot, delays in transportation, conditions caused or created or suffered by Customer, or inabili ty due to causes beyond Company’s control to
<br />obtain delivery dates and receipt of the equipment and/or services. Any of the preceding constitutes a waiver of all claims for damages. In no event shall either party
<br />hereto be liable for special, incidental or consequential damages.
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<br />Extras: Requirements of governmental buildings codes or government officials, not provided for in the plans and specification s on this agreement shall be considered
<br />and charged for as additional work. Any alteration or deviation from the above agreement of plans and specifications involving extra cost of material or labor will only
<br />be performed upon written change order and will become an extra charge over the sum mentioned in the agreement. Oral changes are of no force or effect.
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<br />Materials: Unless otherwise specified on the face side hereof, Company shall have the right to select all materials. When specified materials are unavailable, Company
<br />shall have the right to substitute materials of equal or better quality.
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<br />Limited Warranty: Company agrees on all new installations that all equipment and material furnished shall carry a one -year warranty on parts and materials.
<br />Replacement or repair is at the sole option of Company. Company further guarantees to furnish labor and qualified service personnel to the installation site for a
<br />maximum period of 90 days from the date of installation. Any service provided during such period will not extend the warranty terms. Damage to equipment or
<br />materials caused by negligence, misuse, vandalism, or Acts of God are not covered by this warranty.
<br />Company’s Warranty does not apply to the conditions listed below, and in the event the Customer calls Company for service under the Warranty, and upon inspection
<br />by Company’s representative it is found that one of these condition has led to the inoperability or apparent failure of the system, a charge will be made for the service
<br />call by the Company’s representative regardless of whether or not they actually work on the system. Should it be necessary to make repairs of the system due to one of
<br />the conditions not covered by the Warranty, a charge will be made for such work at Company’s then applicable rates of labor and material.
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<br />Warranty callbacks will be completed M-F 7:00 A.M. to 3:00 P.M within a 24-48 hour period from time of request.
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<br />Conditions Not Covered by Warranty:
<br />(A) Damage resulting from accidents, acts of God, alteration, misuse, tampering, unauthorized modification or abuse.
<br />(B) Failure of customer to properly follow operating instructions provided by the Company at the time of installation; or to prop erly instruct its patrons, invitees,
<br />guests, licensees and/or tenants of proper operating instructions, or customer’s actual or su ffering of removal of Company’s caution or other warning signs furnished by
<br />the Company.
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<br />Disclaimer: To the extent permitted by law THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THERE IS NO
<br />IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT SHALL COMPANY BE LIABLE
<br />FOR CONSEQUENTAIL OR SPECIAL DAMAGES.
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<br />Service Calls: (1) It is understood Company is not an insurer (insurance, if any, shall be obtained by the Customer at latter ’s sole expenses), and that the amounts
<br />payable to Company hereunder are based upon the value of the Company’s services and equipment and the latter’s liability as herein set forth is unrelated to the value
<br />of the Customer’s property or the property of any others on the Customer’s premises. THE COMPANY MAKES NO GUARANTY OR WARRANT Y THAT THE
<br />SYSTEM OR SERVICE SUPPLIED PERFORM OR ACCOMPLISH RESULTS OTHER THAN STATED IN THE SALES PROPOSAL OR PLANS AND
<br />SPECIFICATIONS.
<br />(2) The customer agrees to pay, in addition to charges specified, any taxes, fees or charges that are imposed or authorized by an y governmental body relating to
<br />the installation or service provided under this agreement.
<br />(3) Service will be furnished by the Company during its normal working hours, 8 am to 4 pm, Monday through Friday, except holiday s. Company shall have full
<br />and free access to the equipment to perform service thereon. Company shall not be responsible for failu re to render service due to causes beyond its control. Services
<br />rendered outside the normal working hours of Company are not within the scope of any Warranty, Maintenance or Full Service Contract.
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<br />Interest: The parties agree that delinquent accounts shall bear interest at the rate of eighteen percent (18%) per annum from date of delinquency.
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<br />1-1/2% Charge: Customer agrees time is of the essence in making payments hereunder. If any payment is unpaid on the date due fo r such payment, such later payment
<br />shall be subject to DELINQUENCY CHARGE OF 1-1/2% per month while sum is in default and Customer agrees to pay same (it is being presumed between these
<br />parties such charge is reasonable since the actual amount of damage to Company from default under the circumstances at the ti me of making this Agreement make it
<br />Docusign Envelope ID: AA9A7CC3-A9B9-47D8-A802-F89481667D21
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