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PETROLEUM MARKETING EQUIPMENT
<br /> Commercial Street Monroe Way Enterprise Blvd.
<br /> San
<br /> Placentia,
<br /> W.S
<br /> PSan Jose,CA 95112 Placentia,CA 92870 W.Sacramento,CA 95691
<br /> J,4 (408)998-8205 (714)577-7878 (916)371-8271 MEMBER
<br /> PETROLEUM MARKETING EQUIPMENT (408)998-8249 Fax (714)577-7979 Fax (916)384-0298 Fax
<br /> QUOTATION
<br /> Customer: American Petroleum Environmental Construction
<br /> Attention: Bill Ross Quote No: JT112414-274
<br /> Phone/Fax/Email: 209.94303000/william@ampetroleumec.com Date: 11.24.14
<br /> Project Name: 440 Dr.Martin Luther King Blvd.-Two Dispenser Addition Salesman: James Tyson
<br /> QTY. PART# I DESCRIPTION PRICE EA TOTAL
<br /> STANDARD TERMS AND CONDITIONS
<br /> PURCHASER, BY ORDERING THE MERCHANDISE ON THE 4. LIMITED WARRANTY, INDEMNITY AND HOLD
<br /> FOLLOWING QUOTATION, AGREES TO THE FOLLOWING HARMLESS a. Seller does not extend warranties to purchasers of
<br /> CONDITIONS OF SALE: materials and equipment.The products sold by Seller may be warranted
<br /> 1. ACCEPTANCE. Delivery of the materials/equipment herewith, by the manufacturer of the product but only to the extent of any warranty
<br /> Purchasers acceptance hereof(either in writing or orally in person or offered by the manufacturer. Purchaser shall register equipment
<br /> over the telephone),and/or Purchasers receipt of this quotation/contract warranties with the manufacturer.Manufacturer or seller have no liability
<br /> and failure to object to specific provisions in writing within 5 days, whatsoever for indirect, special, incidental or consequential damages,
<br /> constitutes a binding acceptance by Purchaser of goods delivered in including but not limited to lost profits,down time,loss of material or
<br /> connection herewith and all the terms herein. product,clean-up costs associated with loss of products,or damage to
<br /> 2. PRICE, TERMS OF SALE: CREDIT. other equipment,unless said damage or loss is proven to have caused
<br /> a. All prices are quoted in good faith;however,from time to time, by Seller's sole negligence.No warranty is extended where equipment is
<br /> manufacturers may change prices without notice prior to shipment,we improperly installed by Purchaser, its employees or contractor. Seller
<br /> may quote an incorrect price,or applicable taxes may increase,in which represents that it will convey good title to the items purchased,however.
<br /> case any price or tax increase may be added to Purchasers price. Seller makes no other warranty of any kind,express or implied,and all
<br /> b. All payments are to be made to Seller at the address and pursuant implied warranties of merchantability and fitness for a particular purpose
<br /> to the terms on contract. All credits and terms of sale must be approved are hereby disclaimed by Seller.
<br /> by Sellers Main Office at the time of the order and are subject to review b. In the event that Seller is judged liable to purchaser for damages
<br /> and approval during the life of any contract. A late charge of 1.5%per arising under or in connection with this sale, whether arising by
<br /> month (18% per annum) may be charged on any unpaid balance negligence, intended conduct (but not intentional misconduct) or
<br /> remaining at the end of every 30 day period. If payment is not made otherwise,purchaser may recover from seller its direct damages not to
<br /> promptly when due, Purchaser must pay all costs and expenses of exceed the aggregate amount of purchase price paid by goods or
<br /> collection, including reasonable attorneys' fees. services to which a claim of liability is asserted.
<br /> C. Purchaser shall be responsible for and shall pay all sales, use, C. Purchaser agrees to hold Seller harmless from and defend and
<br /> excise,governmental surcharge,and other taxes(including penalties and indemnify it against any of Sellers or Purchasers losses in connection
<br /> interest)levied in connection with this sale. The staled prices do not with any property damage, personal injury or death, whether same
<br /> include applicable taxes unless specified, and Seller may charge for relates to any claim, penalty, or fine by governmental agency for
<br /> same by a subsequent or supplemental invoice. pollutions, environmental damage, dean-up, or otherwise, or whether
<br /> d. If any lawsuit or claims are filed by purchaser arising from this any claim is made by any third party against Seller or Purchaser or said
<br /> contract, and if such lawsuit or claim is lost or dismissed, purchaser damage,personal injury or death is claimed or sustained by Purchaser or
<br /> promises to pay sellers expenses including all attorney fees. made against Purchaser or Seller in connection therewith,including but
<br /> 3. DELIVERY: SHIPMENT TERMS FREIGHT DAMAGE not limited to damages,costs,expenses,and attorney's fees,except to
<br /> CLAIMS. a. Shipping dates are approximate,and are contingent on the extent that said damage,personal injury or death is proven to have
<br /> fire, accidents, labor disputes, floods, manufacturer production been caused by Sellers sole negligence. Where a penalty,fine or claim
<br /> schedules, installation schedules and coordination of trades, for pollution damage or cleanup is made against Seller as a result of or in
<br /> transportation delays, acts of God, or other causes beyond Sellers connection with installation of materials or equipment,Purchaser agrees
<br /> control. Seller will exert the utmost effort to perform satisfactorily its to hold Seller harmless from and defend and indemnify it against same.
<br /> shipping obligations,but shall not be liable for delay for any reason or for d. No employee or representative of seller is authorized to
<br /> damage in transit of any materials furnished. Seller may make delivery in change this warranty in any way.
<br /> installments, which will be separately invoiced. 6. CANCELLATION AND RETURN OF GOODS. Purchaser
<br /> b. Whenever merchandise is delivered to the designated F.O.B.point, may cancel an order or return merchandise only upon advance written
<br /> a common carrier (by manufacturer or Seller), or is received by approval of Seller and provided Purchaser pays the freight charges and
<br /> Purchaser,whichever is earlier,Seller's responsibility ceases and full risk Seller's reasonable cancellation and restocking charges of 25%,based in
<br /> of loss(including transportation delays and losses)and title passes to part on manufacturer's charges.Some special order items may not be
<br /> Purchaser,and Purchaser shall be liable to Seller for the full price of the returnable,therefore must be paid in full.
<br /> merchandise. Delivery to Sellers plant for purposes of convenience,
<br /> coordination or price protection shall be considered-delivery'for invoice
<br /> purposes.
<br /> C. If any damage is evident upon delivery, Purchaser must
<br /> make a notation on the freight bill of lading and have the carriers agent
<br /> sign upon delivery for claim record.Purchaser must immediately notify
<br /> Seller and file a claim with the carrier, as Seller assumes no
<br /> responsibility for goods damaged in shipment. Shortages and hidden
<br /> damages or defects to goods must be reported to Sell and carrier within
<br /> 30 days of receipt of shipment.The quoted prices do not include the cost
<br /> of unloading, which is Purchaser's responsibility,
<br /> JAN 0 7 2015
<br /> yNVIRQNMENTAI.
<br /> Page 3 of 3 PLACENTIA,CA * W.SACRAMENTO,CA SAN JOSE,CA 1/7/2015
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