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HomeMy WebLinkAboutContract 1736 :,- 113 • NEXT LEVEL DOOR & MILLWORK, INC. 82-585 Showcase Parkway, Suite B-102 Indio, Ca. 92202 (760) 262-6398, Fax (760) 262-6486 WORK AGREEMENT TO:Rudy Ayala RE: Cathedral City Fire Dept. 760-808-1017 Ravala(&cathedralcitv.eov Date: June 24,2016 Subject to the terms and conditions stated in this agreement,Next Level Door&Millwork,Inc.(NLDM)is willing to furnish to you all 1 material and labor required for the Scope of Work described below AS PER PLANS DATE: Scope of Work(the"Work")to be performed: Pricing below is to furnish and install the following material. • 1 each 3/0 x 6/8 1-3/4 smooth flush fiberglass door no bore ADA compliant. 1 • 1 each Pemko compression gasket black finished. Labor to : • Remove existing door • Re-install panic hardware and door closer and door shoe. Total cost$468.00 Bid by Luis A Medina Direct 760-238-5222 luism(&nldminc.com 'Eontractor NLDM Page 1 o f 5 i 1. ACCEPTANGE. This agreement is expressly limited to and made conditional upon your acceptance of its terms and conditions. Any of your terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing(except additional provisions specifying quantity, I description of the products or work ordered and shipping instructions)are deemed material and are hereby rejected. You waive your objection to any terms and conditions contained herein if NLDM does not receive written notice of your objection within ten business days of the date of this agreement. You will in any event be deemed to have assented to all terms and conditions contained herein if any part of the products or work described herein are provided or performed.Please note particularly the Limited Warranty,Limitation of Remedies and Limitations on Actions and Liability provisions set forth below. You acknowledge that the prices stated are based on the enforceability of these terms and conditions,and on the Limited Warranty,Limitation of Remedies and Limitation of Actions and Liability provisions below,that the price would be substantially higher if NLDM could not limit its liability as herein provided,and that you accept these provisions in exchange for such lower prices. 2. LIMITED WARRANTY. All work performed by NLDM is warranted to be free from defects in material and workmanship for one year from the date of completion of the installation subject to the terms below. NLDM makes no warranties regarding products sold but assigns to you any manufacturer warranties relating to 1 the products. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,WHETHER EXPRESSED,IMPLIED OR STATUTORY,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty does not cover damages relating to(a)accident,misuse,abuse,neglect,or normal wear and tear:(b)failure to use or maintain the product in accordance with manufacturer's instructions;and(c)alteration,repair or attempted repair by anyone other than NLDM or its authorized representative. You shall be solely responsible for the correctness of the plans and specifications and shall release and hold harmless NLDM from any damages resulting from improper,inadequate or vague information supplied by you. NLDM does not take on any obligation to inspect or evaluate the work of other parties in any manner or aspect. This warranty is not transferable. - Exclusions: 1. Doors over 6'8"tall and 3'wide are not warranted against warp age or twisting. All doors must be sealed 6 sides for warrant to be in effect on all other doors. 2. We are not responsible for the variation in the color of wood or in the texture and grain of wood. 3. There is no warranty against shrinkage on cedar ceilings. t 4. Any out swinging exterior doors not protected by an overhang are not warranted against water leakage or any damage resulting from any weather related or i`, I sprinkler related problems. 5. Jamb switches are not included in this bid. 6. Ceiling backing supplied by Builder or framing contractor and is not included m this bid. If backing is needed,additional pricing is needed. 7. Base is not included on stair risers or treads. Please call for pricing to miter corners up stair ways. 3. INSURANCE. NLDM shall maintain workers'compensation(employer liability),as required by law,and$1,000,000 in general liability insurance while performingthe 1 work. NLDM reserves the right to be self-insured to the extent allowed by applicable law.NLDM does not agree to name any other persons or entities as additional insured's. 6 4.LIMITATION OF REMEDIES. Your sole and exclusive remedy against NLDM for any and all claims for damages arising out of or alleged to have arisen out the Work will be limited to the repair or replacement by NLDM,at NLDM's option,of any nonconforming work or to the issuance of a credit for such nonconforming work in accordance with these terms and conditions provided NLDM is given a reasonable opportunity to inspect the work and confirms such nonconformity. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as NDLM is willing and able to repair or replace the nonconforming work and,in any event,NLDM's maximum liability for any damages shall be limited to the total amount paid to NDLM for the Work under this agreement. 5. PRICES,TERMS AND SHIPMENT. No cash discounts,back charges,set off or counterclaims are allowed unless specified by NLDM. In addition to the prices { }3 specified,you agree to pay any federal,state or local excise,use,occupational,or similar tax now in force or to be enacted in the future,assessed against NLDM or you by reason of this transaction.No retention is permitted unless NLDM agrees otherwise in writing. Any past due payment will be,at NLDM's option,subject to interest at 1.5%per month _ (18%per annum)to the extent permitted by law. You agree to receive(or permit NLDM to receive)near the work site,any materials needed to complete the Work. You agree to protect such materials from damage or loss and provide NLDM,free of charge,with reasonable use of light,heat,water,power,storage space and use of available elevators and hoists as needed. Title to all materials under this agreement shall not transfer to you until NLDM receives payment in full. NLDM may charge you a fee and its actual expenses if the job site is not ready for work on the date you specify. j 6. FORCE MAJEURE. NLDM shall not be liable for any delay,failures,or default in performance of this agreement or otherwise,in whole or in part,caused by the occurrence of any contingency beyond the control either of NLDM or of suppliers to the NLDM. Such contingencies include but are not limited to failure or delay in 1 transportation,acts of any government or any agency or subdivision thereof,judicial action,labor disputes,fire,accident,acts of nature,severe weather,product allocation or shortages,labor shortages,fuel shortages,raw material shortages,machinery or technical failure,or work that cannot be completed because of another contractor covering the pertinent portion of the building. If any contingency occurs,NLDM may allocate production,deliveries,and performance of work among its customers or substitute substantially similar materials,in its sole discretion,without liability for doing so. 7. CREDIT APPROVAL. Shipment and delivery of goods and performance of work shall at all times be subject to the approval of NLDM's credit department and I NLDM may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to NLDM. By signing this agreement,you authorize NLDM to check your credit and references. 8. CANCELLATION. This agreement,or any part of it,may only be cancelled with NLDM written approval. In the event of cancellation of this agreement,or any part I. hereof,you shall pay: (a)the contract price of all completed items;(b)that portion of the contract price that is equal to the degree of completion of products or work in process, ) effective on the date NLDM receives notice of cancellation;(c)the cost of any materials and supplies which NLDM shall have purchased to perform and which cannot be readily resold or used for other or similar purposes;(d)a restocking fee;and(e)any expenses incurred by NLDM(including legal fees and judgments)as a result of the cancellation of subcontracts or purchases related to this agreement. 9. DEFAULT. You may terminate this agreement for NLDM default,wholly or in part,by giving NLDM written notice of termination as follows. You may give a written notice of termination only if NLDM has received a written notice from you specifying such default,the default is not excusable under any provision hereof,and the default has ' not been remedied within thirty(30)days(or such longer period as may be reasonable under the circumstances)after NLDM receipt of the notice of default. Delivery of nonconforming products or work by NLDM shall give you the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination for default,you shall be relieved of the obligation to pay for work not performed by NLDM prior to the effective date of such termination. A default on NLDM part shall not subject NLDM to liability,through payment by NLDM,set off or otherwise,for any other damages,whether direct,consequential or incidental,and whether sought under theories of contract or tort. il 10. ASSIGNMENT. You may not assign this agreement or any claim against NLDM relating to this agreement. 11. GOVERNING LAW. This agreement shall be construed,interpreted and the rights of the parties determined in accordance with the laws of the State of California, Riverside County. 12. DISPUTES AND MANDATORY MEDIATION. In the event that a dispute arises over reasonableness of or entitlement to fees charged by NLDM,the prevailing party will be entitled to reasonable attorney's fees and costs. In all other disputes of any nature,each party shall pay its own fees and costs. Except as required to protect confidential information and to obtain preliminary injunctive relief to prevent irreparable harm,you and the Contractor agree that prior to the initiation of any legal action D the parties will engage in facilitative mediation of any and all disputes in any way related to this agreement. If the parties cannot agree upon a facilitative mediator within 30 days of when the dispute arose,one will be selected pursuant to the Commercial Mediation Rules of the American Arbitration Association.Each party will share equally the fees of the facilitative mediator and costs of the mediation. I I .,. . , NLDM Page 2 of 5 eiiii-..,,f- t i i 1 E 13. SEVERABILITY. If any provision on this agreement is not enforceable,that provision shall be effective only to the extent permitted by law and all other provisions of this agreement shall remain. 14. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the subject matter hereof and may only be waived,changed, I modified,extended or discharged orally by a writing signed by the party against whom enforcement of any such waiver,change,modification,extension or discharge is sought. The terms and conditions of this agreement supersede any agreement to which it is attached. NOTE: This agreement consists of multiple pages. If,you do not receive the number of pages noted below,please contact NLDM 1, 1 directly at the telephone number stated above. i' TERMS OF PAYMENT:Payment in full due as stated on invoice regardless of any payment arrangements you have with third parties. ACCEPTANCE:NLDM may change and/or revoke this agreement if NLDM does not receive your signed acceptance within 10 business days after the Date stated above. PRICING: The prices stated in the NLDM Scope of Work above will remain firm for 90 days after the Date stated above. If performance of this agreement extends beyond this 90 day period,you agree to pay NLDM then current pricing("Price")for any Work performed after that 90 day period. The Prices are based only on the terms and conditions expressly stated in this agreement. — i NLDM: . - _. - _ By: By e: i; SIGNATURE TITLE S NAT d' / TITLE I Date: Date: € Company Name 1 By signing this contract you are agreeing all pages. ; i i All doors supplied by NLDM are warranted to be of sound material and workmanship and to be free of defects which would cause the door to be unfit for ordinary recommended use for the period of twelve months from the date of delivery. See our Finishing and Care ! Instructions below for details of finish maintenance. I ` If a defect is discovered or occurs within one year from the date of shipment,written notice must be provided to NLDM Buyer shall i i not return any goods to NLDM until NLDM has been provided a reasonable opportunity to inspect the goods at Buyer's premises to determine whether a defect exists. NLDM will not be liable for any doors repaired,returned,or replaced without prior written consent. If warranted doors contain defects covered under this limited warranty,NLDM shall be limited to,at NLDM option,repairing or replacing the doors or to refunding the purchase price of the doors to Buyer. 1 FINISHING AND CARE INSTRUCTIONS Under normal conditions,all wood products contain some moisture,and wood readily exchanges moisture with the environment. This is true of all wood products,whether they are raw or finished. Although a finish will slow this process,wood will regardless react to changes in humidity and environment. • Regardless of location,products installed in non-air conditioned homes are especially susceptible to moisture concerns. Winter and vacation homes should maintain some form of climate control even during off season. ,33 • Doors with painted finish will reveal"seams"at the joints as natural wood movement occurs. These seams are unavoidable and are a natural characteristic of a painted finish on wood. 1 • Doors should be completely finished on all six sides within 7 days after installation.Finishing/Sealing the door will minimize and slow the absorption of moisture but it will not eliminate it,so proper humidity levels are important i throughout storage,installation,and use. 3 FINISH MAINTENANCE All finished wood requires regular maintenance to keep the finish looking as new as possible. For interior doors and trim,dust regularly and periodically wipe with a damp,not wet,cloth to remove dirt and other particles and smudges. Furniture and other wood polish is not recommended as it will cause build-up on the finish. For exterior doors,the speed at which the finish will deteriorate is in direct response to the exposure of the door to direct sunlight,rain,and snow. At a minimum,NLDM recommends that all of its exterior doors be wiped down every six months,in spring and fall,first with a damp,not wet,cloth to remove dirt and other particles, and second with a basic tongue oil or boiled linseed oil to help maintain the finish barrier. Depending on exposure and weather conditions,exterior doors may need to be refinished after one to five years. To refinish,use a high-quality exterior lacquer or varnish system and follow the manufacturer's instructions for refinishing. i _e_____ Page 3 of 5 ex/6,A 0 ii 1 NLDM NOTE: Dark stains and paint will create more heat and will cause more warping and cracking of surface. Dark colors are not i' recommended. 1 t CORRECT OVERHANG Due to the harsh climate in the desert,the placement of your door is very important. Overhangs must be of the correct size and must have rain gutters to prevent splash on doors. Please see the chart below for the correct overhang size depending on the direction your door faces. Not following these specifications will cause all warranty to be void. North: Y= 1/2X South: No Warranty East: Y-1/2X West: No Warranty 1 t l i , -. °1111111111111%0%;444004040161._ i 1f t Y 1 g E I■ IIDMOWRU CORHIC/INT a[ x RORMULA T I12X J X:DISTANCE FROM.SOTTOM i OF DOOR TO BASE OF OVERHANG Y=la THE DISTANCE OF X r (AT MINIMUM) 3 33 1 i ,.7'4 s 1 a i t A‘• Page 4 of 5 61/../a.-.70-4- , r NLDM { NEXT LEVEL DOOR & MILLWORK, INC. 82-585 Showcase Parkway, Suite B-102 Indio, CA 92203 Phone: (760)262-NEXT(6398)Acctg Fax: (760)238-5142 To assist us in filling out the California Preliminary Notice please complete the following information with names and addresses and return along with Insurance Requirements by FAX TO: 760-238-5142 LENDER: /1)b C OWNER: (2/ 4,e -?0© /¢J1r J4/4 ' g4THa /f',4 C/ CONTRACTOR: ivo-XT /�d�� ��K "//4-9.9:c -9®.c 82 -SSS" - St®c'e S /i540'G.9�� v� 8-7( 2 1 �a x",2203 - f7 -Tt ' ©1, 4//2 JOB LOCATION: /�'liPc' 32-A90 grezr ttfg,0,69 c /2-Y (19 992,2317 Thank you, Julie Hodges Page 5 of 5