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1. Terms and Conditions
These terms and conditions apply to any installation services provided by Interlake to Customer and any related quotation or proposal by Interlake. 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 Interlake for installation and testing, and to perform the following:
a. Floor. Floor shall be concrete or other sound material acceptable to Interlake 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. (Interlake has designed the rack column base plates and their anchorage to the floor slab based on a 28-day concrete compressive strength (f'c) of 3000 psi (or other value if specified). The base plates have been sized such that the calculated bearing load, or stress, on the concrete floor slab is less than the maximum bearing strength permitted by the Building Code Requirements for Structural Concrete (ACI 318-95). Interlake is not responsible for the design of the floor slab and sub-soil system.)
b. Dry, Clean. Maintain the site in a dry condition and free of obstructions or debris other than those caused by Interlake. Provide a trash container located not more than 100 feet from the installation area. (Interlake will clean up debris it causes.)
c. Utilities. Provide water, light, electric current and wiring, compressed air and heat 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 Interlake's tools and equipment immediately adjacent to construction area, as well as for material shipped to site before or during installation. Provide a security fence restricting access to site. If reasonably required, employ a security guard. Provide first aid equipment required by OSHA.
e. Free and clear access; unloading. Provide sufficient laydown, 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 Interlake 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 Interlake to prevent interference with Interlake’s work.
If any of Customer’s responsibilities are not satisfied, then Interlake 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 Interlake as a result shall be paid by Customer.
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3. Commissioning and Testing
Interlake 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 Interlake's designated representative present. Customer will promptly notify Interlake 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 Interlake 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 Interlake's 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 Interlake describing the proposed use and certifying that in Customer’s opinion such part of the Equipment is substantially complete and can be used without significant interference; Customer will not make such partial usage without Interlake’s written consent. Such partial usage will constitute acceptance of such portion of the Equipment.
5. Insurance
a. Interlake 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. Customer will name Interlake as additional insured on liability policies and, upon request, provide a certificate of 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 party’s 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 Interlake, 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 Interlake. If Interlake experiences increases in costs thereby, Customer will reimburse Interlake 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.
Last updated April 12, 2001 |