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<br />PI V(()T <br /> <br />Pivot Int.rlo.... Inc. <br />2740 Zanker Road, Suite 100 <br />San Jose, CA 95134 <br />Phone: (408) 432-5&00 <br />Fax: (408) 432-5&01 <br />ErnaillWeb: www.pivotinteriors.com <br /> <br />Quotation <br /> <br />Page: 4 of 5 <br /> <br />Project: 85292 <br />Proj Oesc: .4 Passage Stations and <br />1 Priv. olfice with Meridian. <br />Quot.: 85292.001 <br />Status: New <br /> <br />Sold To: 6847-00 <br />Redwood Shores Library <br />399 Marine Wor1d Parkway <br />Liz Meeks <br />REDWOOD SHORES, CA 94065 <br /> <br />~*" ;:.ff~~lt[...' .(~j~lv:I<'~E~",," ,.l ~ ' ~ :::L\j;~l-'-ft,~l , ~ "'-~ ~.~~"'._' ~ J<~ ;?~i...~-.~...~:~",:j1:i;.: ,:~I ~ ." 'fi(;~,(~. " ~:,.:'''~''! <br /> <br />Bill To: 6847-00 <br />Redwood Shores Library <br />Attention Accounts Payable <br />399 Marine World Parkway <br />Liz Meeks <br />REDWOOD SHORES, CA 94065 <br /> <br />Ship To: 6847-00 <br />Redwood Shores Library <br />399 Marine Wor1d Parkway <br />Liz Meeks <br />REDWOOD SHORES, CA 94065 <br /> <br />0510612008 <br /> <br />Joel Mitooka <br /> <br />NA <br /> <br />NEW <br /> <br />~\ <br />~ <br /> <br />,"'.( 'Y/:;:', .fry,,;,' "':'/' ;": - "':~'_~: ':i '~, ,,;,~'; :' :'::',. c' _,' ',::<;:.~~;,' ;~." f' " > .0t;;.:,..:., ,)L,l:"~[.'~.:. " 1<'".",,:.: ,;:" <br /> <br />Sub Total <br />Total Tax <br /> <br />32,481.89 <br />2,544.73 <br /> <br />TOTAL AMOUNT. USD <br /> <br />35,02&.62 <br /> <br />This Quot. wiN .xplre on: June 05, 2008 <br /> <br />TERMS AND CONDITIONS <br /> <br />This proposal Is subject to and shall be govemed by the terms and conditions on hereof, and shall be void unless accepted by the customer signing a copy <br />and retuming It to Pivot Interiors, Inc within 30 days from the date hereof. Unless otherwise noted, invoice payment terms are Net 20 days from invoice date <br />subject to credit approval <br />1. Standard Terms. All sales by Pivot Interiors, Inc. (Seller) are made subject to each of the following Terms & Conditions which may not be modified without <br />the prior written consent of an authorized representative of Seller. Additional or different terms and conditions proposed by Buyer shall not be binding on Seller <br />without Seller's prior written consent. <br />2. Deposit & Payment. Unless waived in writing by Seller, Buyer shall deposit with Seller one-half (112) of total Proposal amount concurrent with Buyer's <br />acceptance of SeRer's Proposal. Products and services shall be invoiced upon delivery. Payment in fuR is due by the above referenced days after date of <br />invoice. Components delivered individually shall be invoiced and paid individually. Deposit shall be applied against Buyer's account as product and services <br />are delivered and invoiced. <br />3. Taxes. All applicable taxes will be added to invoice and paid by Buyer. if Buyer claims exemption from taxes, Buyer shall provide Certificate of Exemption <br />concurrent with Buyer's acceptance of Selfe(s Proposal. <br />4. Changes, Cancellations & Retums. Products sold to Buyer hereunder are custom designed and manufactured. All sales are final. No changes, <br />cancellations or retums are allowed without the prior written consent of Seller and applicable manufacturer. If changes, cancellations or retums are approved, <br />an direct and Indirect costs and expenses thereof shall be paid by Buyer. <br />5. Product Storage. If Buyer Is unable or unwiBing to accept delivery of product on or after specified delivery date, an resulting costs and expenses incurred by <br />Seller. including costs of moving, handling and storage of product pending delivery shall be paid by Buyer. Such product shall be invoiced as of the specified <br />delivery date. Invoices shall be paid in full by Buyer within above referenced days after date of invoices. Moving, handling and storage costs and expenses <br />incurred by Sener shaM be paid by Buyer Immediately upon receipt of invoice. <br />6. Title & Security Interests. Title to an product shall pass from Seller to Buyer upon payment In full of the specified purchase price and all other costs and <br />expenses due under this purchase agreement. SeUer retains and Buyer grants to Seller a security Interest in all product to secure payment of the purchase <br />price and other obligations under this agreement. All product shall remain personal property regardless of being affixed to real property. If Buyer shall default <br />in payment under this agreement, Sener shaH have all applicable rights and remedies of a secured party pursuant to the California Commercial Code. Buyer <br />agrees to execute a Security Agreement and related financing documents upon Seller's request. <br />7. Delay. Due to uncertain factory shipping schedules common to the componentized modUlarfumiture business, no obligation or liability shall be incurred by <br />Seller for failure to deliver product by any particular date. seHer shaH not be liable for any loss, expense, claim or damage <br />incurred by Buyer or others resulting from any delay or faDure in shipment or delivery of product caused in whole or in part by delay or default in transportation, <br />labor disputes, inability In obtaining materials or product. natural disasters or any other cause not within the reasonable control of Seller <br />8. Freight. An costs of freight, if not included In product pricing, shall be invoiced separately and paid by Buyer. <br />9. Limitation of Warranties. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR AS TO THE SUITABILITY OF <br />THE PRODUCT FOR ANY PARTICULAR PURPOSE. Most manufacturers warrant their products to be free from defects in material and workmanship for a <br />period of at least one year from date of deHvery. Any claim against a manufacturer's warranty must be made promptly upon discovery of defect. Buyer's sole <br />remedy for defective instanation performed by Seller sha. be repair or replacement of the same within the first year of delivery. Seller is expressly not liable for <br />any consequential or incidental damages. No other warranties of any kind are expressed or implied. <br />10. Finance Charges. A finance charge of 1.5% per month (ANNUAL PERCENTAGE RATE OF 18.0% PER ANNUM) will be charged on all past due <br />accounts. In the event any action, suit or other proceeding is required to collect amounts owing Seifer under this Agreement, Buyer shall reimburse all costs <br />and expenses Incurred by Seller, Including reasonable attorney's fee and costs. <br />11. Delivery & Installation Conditions. Buyer shal have the following obligations, which Buyer shall cause 10 occur at its sole cost and expense: a. Job Site. <br />Job Site, including an passageways, corridors and the areas designated for installation, shall be clean, free and clear of existing fumishings, construction <br />materials or debris. b. Access. Doorways. opening and elevators shall be sufficient to allow delivery without necessity of dismanUing. c. Utilities/Services. <br />Electricity, heat, lighting, elevator or hoisting service shall be fumished without cost to the Seller. Parking and adequate faclitles for off-loading, staging. <br />moving and handling of product shal be provided. d. Hours of Delivery. Job Site shall be open and available for delivery and Installation of product during <br />Seller's normal business hours, Monday - Friday, 8:00 a.m. - 5:00 pm. Labor costs of Seller resulting from overtime work shall be invoiced 10 and paid by <br />Buyer. e. Shipping. Buyer accepts responsibrlty to Inspect product shipped directly by manufacturer to Buyer, to note damage on bills of lading and to notify <br />carrier of such damage within 24 hours of derlVery. Any such damage shaH not excuse or delay payment by Buyer of Seller invoices. f. Damage After <br />Delivery. Any loss of or damage to product after delivery to Buyer's location, whether due to weather, fire, elements, other trades or other causes, shall be the <br />responsibility of Buyer. Buyer shall hold SeHer harmless from any such loss or damage. <br />12. No Other Agreements. There are no other agreements between the parties as to Ite subject matter of this agreement other than as set bth herein and <br />the related Proposal. No amendment hereof shan be varld unless contained in a subsequent writing and executed on behalf of Seller and Buyer. <br />Signature below accepts al pricing. terms and conditions, as stated on this document <br />