Michie Corporation
173 Buxton Industrial Drive
Henniker, NH 03242
Phone: (603) 428-3218 SPY ; pews
Fax: (603) 428-7426 oMkag War
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bE ey at
Niyalill Bees! “pas” 22 Hester
Taxable $0.00
_Non-Taxable $9,280.50
Sub Total a $9,280.50
Tax $0.00
Tatal $9,260.50
Michie Corp has been a NPCA certified plant for a continuous 26 years.
For more on what It means to be an NPCA certified plant, visit: www.precast.org
AGREEMENT: The Buyer agrees to purchase from Michie Corporation (Seller), and the Seller agrees to sell to the Buyer, the products set forth on
the front side hereof, and the Buyer agrees to pay to the Seller the stated unit prices therefore. This Agreement is subject to credit approval. This
quotation is based on Imited information. Michie Corporation reserves the right to modily this proposal subject to the receipt o! a complete set of
plans and specifications for this project. This quotation expires 30 days from the date shown.
DELIVERY: Unless otherwise noted, prices Include delivery F.0.B. job site, and are based on maximum legal loads. Should partial deliveries be
required, they will be subject to a splil/short load delivary fee. F.0.8. job site means the place of delivery must be accessible by truck and traiter
under its own power, with maximum load; otherwise final delivery shall be at the expense of the Buyer. Buyer shail furnish labor and equipment to
unload trucks. All delivertes allow for one hour maximum unloading time, anything over will be charged at the rate of $130.00 per hour. Buyer shall
give delivery instructions within a reasonable lime before shipment is to be made.
FUEL SURCHARGE: All deliveries ara subject to a fuel surcharge. Fuel surcharge is based on official energy statistics as provided by the US
Government and published on the EIA website at http://tonto.eia.doe.gov/oog/inloAvahdp/diesel.asp.
PAYMENT: Seller's offer to sell the products herein is expressly conditioned upon Buyer's approved credit application or C.0.D. Payment is due to
Seller net thirty (30) days from date of invoice and is not contingent upon Buyers recelpt of payment or Owner's project payment schedule. All
overdue accounts wii be charged simple interest al the rate of 1.5% per month (18% per year} until such invoice is paid in good funds. |i Seller
iums this account over for collections Buyer agrees to pay ail collection charges, including attorney fees and expenses, whether or not suil is
brought. if al any time after acceptance of the order the financial responsibilty of the Buyer becomes impaired or is unsatisfactory, the Seller
reserves the right to require payment In advance of shipment or satisfactory securily of guaranty that previous charges as well as (uture charges will
be paid, Accounts over sixty (60) days will be placed on credit hold and will remain on hold until adequate arrangements have been made with the
credit department.
LIMITATION OF REMEDY AND LIABILITY: It is expressly understood and agreed that tha Seller's sote lability far any breach of warranty or other
breach of default hereunder, and the Buyer's sole remedy therelore, shall be for the replacement or repair by the Soller of any defective material, or
in the Seller's sole discretion, the amount of the purchase price paid to the Seiter by the Buyer for any defective product, in no event shall the
Seller be liable for consequential damages, nor shall the Seller be liable or respansible for any loss or damage sufiered by the Buyer arising from or
with respect io delay, interruption of business or disruption caused by Seller's inability or failure to supply materials or product set forth on the front
side thereof.
QUANTITY: 1! Buyer elects to purchase only a poriton o! the material quoted herein, Seller retains the right to adjust prices on remaining ilems.
When the Buyer requests a reduction of more than ten (10%) in the total quantity set forth on the front side hereof with respect fo any item, the
Seller has the right to increase the unit price of such item by a reasonable amount.
DAMAGE CLAIMS: Any damage to the product in transit must be noted on the delivery tickel or no claim for such damage will accrue against the
Seller. Unloading of product is at the Buyer's risk and Seller assumas no responsibility for personal injury or for property damage. The Buyer will
indemnify and save Seller harmiess, including atlomey’s fees, against any such claims resulting (rom such unloading ar from any claims against
Seller arising from Buyer's installation of the producis delivered heraunder.
TAXES: in addition to prices quoted on the front side hereol, the Buyer shall pay to the Seller any and all applicable sales or use faxes.
DELAYS AND FORCE MAJEURE: Seller shail nat be liable for delay in delivaring products where pecasioned by any cause of any kind or extend
beyond control of Seiler including without limitation, armed conflict or economic dislocation resulting there from, embargoes, shortages of labor, raw
malerial, fuel, energy, production lacilities or transportation, labor difficullies, civil disorders of any kind; action of civil or military authorities
(including priorities and allocations); tires; floods: and accidents. {ts intended that no liability shall accrue against Seller by reason af Rs not
dalivering any of the Items set forih on the front side hereof, or any portion thersof, alfected by any such cocurrence. In event the delay caused by
any of the foregoing, the time for performance shall be extended for such a fime as may be reasonably necessary to enable Sailer to periorm.
Selter at ali times reserves the right to apportion its production among its customers as it may determine.
DEFAULT OF BUYER: Upon a default In paymant by the Buyer of any amount dus under this Contract, or under any other Contract between Buyer
and Seller, Seller may al Its option suspend performance of {further manufacturing and/or delivery of the product to ihe Buyer, cancet the
undelivered portion of this Contract or exercise any olher remedies available under the New Hampshire Uniform Commercial Code, and in such
event, all sums owing from Buyer to Seller shall withoul nalice of demand become immediaiely due trom Buyer to Seller, Buyer hereby agrees to
pay ail costs incurred by Seller in connection with Buyer's default hereunder, including the Sellers reasonable attarnay’s fees, exercise of any of its
rights under this Contract shalt not bar Seller from exercising its rights under any applicable lien law or other statute.
RETURNS: Full credit subject to a 30% handling/restocking charge will be allowed on undamaged standard inventory precast product authorlzed for
return.
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