Okaloosa County BOCC — January 5, 2016 — Bagby Invoice for dumbwaiter 2015 — reading text

ELEVATOR COMPANY, INC. 1101 OLD SHELL RD. Mobile, AL 36604 Custirs evaion Saeysayl432-1776 Arthur P. Bagby, I, CEO / President ‘ Hunter M. Bagby, Executive Vice-President : | November 5, 2015 INV OICE VIA: E-MAIL Okaloosa County BCC | 5489 Old Bethel Rd. Crestview, FL 32536 Attn: Pam Baggett RE: Jail Dumbwaiter Repairs Bagby Elevator Company has completed the following repairs on the jail dumbwaiter. Furnish & install new gearbox bearings and sills needed to rebuild the unit. | QUOTED PRICE........ccocvuveerernnnnnnn. veeeeeen..8 7,415.00 | | This price is valid for 30 days from the date of this proposal. | l If you are in agreement with this please sign and return to my attention either by fax or mail. If you h;iave any questions regarding this proposal you can reach me at (251) 432-7732 ext 108 or ( 800) 333-6730. (Signature) ($7,415.00) (Détte) | | PAYMENT TERMS: 100% will be due upon completion of the work. { It is expr specified above. Any changes to this contract must be made in writing and signed by both parties. Your acceptance of this proppsal will constitute exclusively and entirely the agreement for service herein described and compliance with Bagby=s printed terms and conditians on the back or attached to this essly understood and agreed that all verbal agreements are void and that the acceptance of this proposal shall constitute tthalerial and work agreement. i g Sincerel St&ve Taylor ]‘ Sales Representative , 'L BRANCH "PROUD TO BE AN AMERICAN COMPANY SINCE ‘1920" ELEVATOR SALES N i X and :“‘ ALABAMA FLORIDA GEORGIA | TEXAS LOUISIANA MISSISSIPP: TENNESSEE SERVICE TERMS AND CONDITIONS b As used herein, the tenns "Company", "we", "us" and "our" shall refer to BAGRY ELEVATOR COMPANY, INC. Furthenmore, the terms "Customer”, "yoj" , "your” and “purchaser” shajl refer Lo the party to whom this proposal is made. Additionally. the term "Equipment” shall refer to the elevator, escalator, dumbwaiter, Iifi or related equipment covered by this contract or propusal. . Prices contained in the attached proposzl or contract are good for 30 days. If not accepted by the Custorner within 30 days, prices are subject to change without notice. . Unless otherwise stated, purchaser agrees 1o pay upon presentation of invoice, Payments shall be made as follows: Upon signing of contract or placement or order, Customer shall make a down payment of forty percent 40%., additional twenty percent (20%) of the contract price shall be paid afier we have completed processing your equipment requiréments and orders are placed; the balance shall be paid upon completion if the work is completed within a thirty (30) day period after manning the job. If the work is not completed within a thirty day period, monthly progress payments shall be madc bascd on the value of any equipment ready or delivered, if any, and labor performed through the end of the month less the aggregate of previous payments. Retainage (when held) is duc and payable upon completion of the job. We reserve the right to discontinue our work at any time if payments are niot paid as agreed. We shall not resume work until all past due sums are paid and we have assurance satisfactory 10 us that sub: q payments will be madc when dye, Payments not recejved within 30 days of invaice date will be subject to interest accrued at the rate of cightecn percent (1 8%) per annum or at the maximum rate allowed by applicable law. whichever is less. We shall also be entitled 10 seimbursement from you of the expenses, including attorney's fees and court costs, which may be incurred in collecting any overdue Ppayments or enforeing the terms of this contract, . Nonpayment of any sums due under this agreement shall be considered & material breach thereof. In the event of 2 breach of this agreement or the failure 10 pay any sum due or to become due under this agreement within sixty (60) days of the billing date, the Company may, at its option, declare all sums due or to become due under this agreement including the unperformed portion of the agreement as due and payable in full(“defaulied contract amount”). The foregoing defaulted contract amount shall be due and payable as liquidated damages, and not as a penaity. Until the defaulted contract amount is paid, the Company shall be discharged and released from any and all obligations and/or liability under the terms of this agreement. In the event that suit is instigated to procure the defaulted contract amount, then any rights to request performance by Bagby Elevator \pon payment of defaulted contraci amount is forfeit. . The Company reains title to all equipment supplied by the Company under this contract (which, it is agreed. can be removed withoul material injury to the freal property), until a1l payments due hereunder have been made in fuil. In the event of any default by Customer in any payment, or under any provision of this contract, Bagby can take immediate possession of the equipment and enter the premises where it is located (without legal process) and remove such equipment therefrom irrespective of the menmer of jts attachment to the real estate or the sale, mortgage or lease of the real cstate, » The Customer agrees to pay, as an addition 10 the price herein quoted, the amount of 2ny tax based upon the (ransfer, use, ownership or possession of equipment, imposed by any law enacted after the date of this proposal or imposed upon the Customer by any existing law. » if you or others whom you zuthorize use the equipment(s) for temporary service, you will provide at Your expense a competent operator for the running of the equipment or temporary platform enclosures, assume all Nability for the care and operation of the equipment in an Incomplete condition, and retumn the equipment to the Company in the same condition j 2 which it was received. You wil) compensate the Company at our regular billing rate for any required work in cleaning, adjusting, overhauling or repairing the cquipment during or after such usc. | = ereh 2l by j h v of anv proceedi Sui The Customer. urther hereby consent te th or State of Alabama to the jurisdiction and la te 2 » As applicable, customer waives any constiutional, statutory or common law exemplions. L In states requiring notice prior 10 filing 2 lien, this notice requirement is hereby complied with, . Unless otherwisc agreed, it is understood that all work is 10 be performed during the regular working hours of the elevator trade, If overtime work is mutually agreed upon and performed, an additional price, at our usual rates for such work, shall be added to the contract price herein named. A schedule of our standard rates will be supplied upon request. * The Company assumes no responsibility for any part of the equipment except that upon which work has been done under this cantract. No work, service, cx‘Pmimtion or liability on our pan other than that specifically mentioned herein is included or intended. It is agreed that the Company does not assuine possession or control of any part of the equipment and that such remains yours exclusively as the owner, lessor, lessee or manager thereof. s The Company shall not be held responsible for any loss, damage, injury, delay or detention of persons or property caused by: acts of government, civil gr military authorities, war, civil commotion, theft, vandalism, labor traubles, explosion, fire, power failure, water damage, storms, lightning, natural or public calastrophe, acts of God, or by any ather caus which is unavoidable or beyond our reasonable control, and in any event, we shall not be liable for consequential damages. The Company shall not be responsible in contract or in tort (including negligence) for loss of profits or revenue, loss of use of equipment or plant, cost of capilal, cost of purchased or replacement power, claims of customers of the owner, or for any special, indirect, 1 or con: ial damages. * Itise derstood, in consideration o ormance of ervice enumerated at the price sta that thy chaser assumes all Jiabj] for in including death, ¢, al erson ons and for age § erty or loss of use thereof. op 2ccount f or r ng from the perfo) ce of the work to be done hereunde aprees to defend, i ify and hold harmless the Com Directors and E from all damagpe 5. § e and pa: on account of ul from ch claim ,injury, death or t T cept th: ting from the sole negligence o! Company. The Customer shall at all times and_at i i dily ad the i) i or operation of uipmeat des D al 2 tion: i paragrap 3 coverage in - actual fv coverage, * The Company shall not be le in any way for the acts of others, for work done by others, or for material supplied or installed by others in or about the building cither before, during or after our work has completed. Should damages occur to the Company's materials, tools or work on the premises from any said causes or by fire, theft or othenwise, if not Company's fault, the Customer will compensate the Company for the loss. & working, dangerous, we reserve the right to discontinue our work until such dangerous conditions arc corrected, The Company shall not be penalized for time off of I.ha'job because of unsafe working conditions, { . If the work described in this contract or proposal requires the digging of a hole or the cleaning out of an. existing hole or partial hole, the contract price stated|is based on the hole excavation occurring in normal earth resulting in 2 free-standing hole not requiring any outer casing. If conditions other than normal earth are encountered, the Company will notify you of these conditions and you agree to pay the price for any additional cost of the excavation at the Company's normal billing rate. Any "oil contaminaled” soil removed from the ground will be placed in metal drums ang left at the jobsite for disposal by the Customer at the Customer's expense. Any requirements for netification to agencies of underground contaminants or the disposal, transportation and handling of same are the Customer's sole responsibility. * You agree to furnish the Cc pany with a 2nd most current copy of wiring schematics on the equipment with all field wiring alterations docurnented. © The Customer shall shut down the equipment immediately upon manifestation of any irregularities in operation or appearauce in the equi notify the Company at once and keep the equipment shut down unti] the completion of the repairs and further, the Customer shall keep the equipment under continued surveillance by competent personnei to ldetect such irregularities. The Customer shall give the Company written notice within ten days after occurrence of any accident in or about the equipment, ¥ The materials furnished and work performed under this contract are guaranteed against faulty material or workmanship from the completion of the installation for a period of one year on parts and for a period of ninety days on labor. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that we will proyide FREE service for periadic lubrication or adjustment due to normal use, nor will the Company correct without charge, breakage, maladjustments or other trouble arising out of abuse, misuse or improper or inadequate maintenance, In the event of a claim for warranty, the Customer must give the Company prompt writien notification and the Company will, at the Company's own expense, correct ny proven defect by repair or replacement. The Company will not under this warranty, reimburse the Customer for the cost of work done by others nor Tepair or replace equipment worked upon or altered by others beyond our control, * In the event that your acceplance is in the form of 2 Customer purchase order or other kind of document, the provisions, terms, and conditions of this proposal shall govem in the event of conflict. . In the event of the sale, Jeasc or other transfer of the equipment described herein. or the premises in which they are