Missouri - NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
For additional lien details, please visit the Missouri General Assembly Statutes website: http://www.moga.mo.gov/mostatutes/stathtml/42900000121.HTML
Illinois - NOTICE TO OWNER
The subcontractor providing this notice has performed work for or delivered material to your [commercial facility] or general contractor. These services or materials are being used in the improvements to your real property/facility and entitle the subcontractor to file a lien against your business if the labor, services, material, fixtures, apparatus or machinery, forms or form work are not paid for by you, your general contractor, or responsible parties. A lien waiver will be provided to your contractor when the subcontractor is paid, and you are urged to request this waiver from your contractor when paying for property/plant improvements. Failure to secure lien waivers may result in your paying for labor and material twice.
For additional lien details, please visit the State of Illinois website: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254
S/T or S/C
Unless otherwise directed by customer, if this contract includes installation, it is a construction contract which is an agreement between the Contractor and the Owner to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to and ownership of the fixtures included in a construction contract pass to the Owner upon permanent and complete installation of the fixtures to real estate. A construction contract will include a surcharge (S/C) to cover the non-itemized expenses incurred in the fulfillment of the construction contract.
If this contract does not include installation OR if it is a contract with a valid tax-exempt organization OR if any form of a valid tax exemption is issued by the purchaser (including but not limited to resale certificates, Direct Pay Permits, MPC’s and directing PO’s), it is a sale of tangible personal property and it is expressly agreed that title and ownership of the fixtures pass upon delivery, prior to installation. All taxable sales of tangible personal property will have the appropriate sales tax (S/T) charged on the invoice.
It is expressly understood and agreed that payment in full shall be due upon completion of installation or delivery unless prior arrangements have been made and agreed to. Interest at the rate of 1 1/2% per month shall accrue on any unpaid balance thereafter until paid in full. In the event this contract shall be placed for collection, the Owner shall be responsible for payment of all costs of collection, service charges and legal/attorney fees which shall accrue and be due and payable hereunder in addition to the balance due and owing, including interest thereon.
Prices quoted are F.O.B. manufacturer’s point of shipment, are firm for 60 days from the date of quotation and are subject to all applicable S/T or S/C charges as defined above and any freight charges unless these are specifically included in the quote. All bonds or permits shall be purchaser’s responsibility. All quotations are void if not accepted by purchaser within 60 days. In the event that a purchaser orders a lesser quantity than shown on this quotation, seller may increase unit prices to take this into account. If purchaser does not take delivery within 150 days, seller shall have the right to increase prices on account of price increases. In the event of any price increase, seller must give purchaser reasonable notice of the proposed increase and the purchaser shall have the right to cancel the agreement without penalty within 15 days after receipt of such notice.
Delivery dates specified, if any, are estimates only and seller shall in no event be held liable for delays due to labor disputes, material shortages, fires, floods, transportation delays or any other event or circumstances beyond its exclusive control.
Unloading of all product delivered is the responsibility of the purchaser.
Warranties, in all cases in which a manufacturer extends to seller a warranty for finished goods, that warranty and all associated limitations of liability shall control purchaser’s rights. Seller disclaims any other express warranties, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
NEITHER RICE EQUIPMENT, NOR ANY OTHER MANUFACTURER WHOSE PRODUCTS ARE THE SUBJECT OF THIS TRANSACTION, NOR 4FRONT ENTREMATIC CORPORATION SHALL IN ANY EVENT BE LIABLE FOR ANY LOSS OF THE USE OF ANY EQUIPMENT OR INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY.
The application of a manufacturer’s specifications to a particular job is the responsibility of the purchaser.
If purchaser cancels this agreement before accepting the merchandise for any reason other than a timely objection to a price increase, the following cancellation charges expressed in a percent of the purchase price will be paid by the purchaser and constitute liquidated damages.
Standard Equipment cancelled
Before shipment – 20%
After shipment but before installation – 50% plus cost of shipment and return
Special equipment cancelled
Before manufacturing – 20%
During manufacturing – 70%
After shipment – 100% plus cost of shipment and return
Standard equipment means any equipment described on current price list as available without modifications, options, or changes whether at additional cost or not excepting rail car ramps which are considered special equipment being manufactured to the purchaser’s center line dimensions. All other equipment is special equipment.
By using a check for payment, you agree to the following terms: In the event your check is dishonored or returned for any reason, you authorize us to electronically (or by paper draft) re-present the check to your bank account for collection of the amount of the check, plus any applicable fees as permitted by state law.
NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE