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Terms and Conditions
This Bid is subject to the following Terms and Conditions. Approval of the Bid constitutes acceptance of these Terms and Conditions. Payment. For standard materials, Buyer shall pay any undisputed sum within thirty (30) days following receipt of the materials. For special order and made to order materials such as lockers, non stock toilet partitions and items determined by BMSI to be special orders, Buyer shall pay fifty percent (50%) of the Purchase Price at the time Buyer submits the shop drawings and the remaining undisputed balance within thirty (30) days following receipt of the materials. For installation, Purchaser shall pay any undisputed sum within thirty (30) days following installation. The Purchase Price is inclusive of any sales, use or privilege tax, customs duty or import, excise tax based on gross revenue or any similar tax or charge from the production, sale or shipment of any Goods. Delivery. Unless otherwise noted, goods shall be shipped F.O.B. to Buyer’s designated site with title and risk of loss or damage to pass to Buyer upon delivery. The installation will be done in a workmanlike manner and in compliance with applicable laws and regulations. BMSI will confirm a date to begin installation with Buyer and Buyer agrees to pay costs for rescheduling, including trip charges and costs because the installation site is not ready or accessible.
Nonconforming Good. Buyer may inspect the goods and, with respect to non-conforming goods, return them at Buyer’s expense or hold them at the Buyer’s risk and expense. Within a commercially reasonable time, BMSI agrees to replace or correct defects of any rejected goods or other nonconforming goods. In the event of failure of BMSI to replace or correct such defects, Buyer, after reasonable notice to BMSI, may make such corrections or replace such goods and charge BMSI for the costs (not including profit or overhead) incurred by Buyer. Proprietary Rights. Absent BMSI’s written permission, all information furnished by BMSI shall be confidential and not disclosed to any other person or used by Buyer for any purpose other than performing this order. In the event BMSI devises and incorporates any new features or design into any goods made under this order, all proprietary title and rights remain with and are reserved by BMSI.
Warranty. BMSI will provide any manufacturer warranties for the materials. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BMSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM BMSI’S PERFORMANCE OR BREACH OF ANY TERMS OF THIS AGREEMENT. Integration.
This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and understandings of the Parties with respect thereto. Although Buyer may use its standard form to give any order or notice, said order or notice will be governed by the terms and conditions of this Agreement, and any term or condition set forth in any such form which is inconsistent with or in addition to the terms and conditions of this Agreement shall have no force or effect. Disputes. The parties agree to resolve by “fast track” arbitration in Hennepin County, Minnesota, any dispute whose total value (including claims and counterclaims) is less than twenty-five thousand dollars ($25,000). The prevailing party shall be entitled to its costs and arbitration fees. Any other dispute arising from this Agreement shall be brought in Hennepin County, Minnesota, USA, and the Parties agree to jurisdiction and venue in that court. Miscellaneous. This Agreement is governed by the laws of the State of Minnesota, specifically including the provisions of the Uniform Commercial Code, without regard to conflicts of law principles. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions or parts thereof will remain in full force and effect. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement