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<br />7
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<br />STELLAR STANDARD TERMS AND CONDITIONS FOR REFRIGERATION,
<br />PARTS, AND SERVICE PROPOSALS
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<br />1. CONTRACT TERMS
<br />The terms and conditions of sale applicable to this Agreement are as set forth herein. Terms and conditions proposed by the Customer do not become part of this
<br />Agreement unless accepted by Contractor in writing. Contractor shall not be bound until Customer's order has been accepted in writing by an authorized
<br />representative of Contractor.
<br />2. PAYMENT
<br />Unless otherwise stated on the face of the proposal: 1) The project invoice schedule shall be a 25% down payment and monthly progress payments thereafter for
<br />the duration of the project. In addition, all materials and equipment will be invoiced 100% upon delivery. 2) Customer shall make payments to Contractor by the
<br />tenth (10th) day of each month for the value of the Work invoiced during the preceding month. 3) Final payment shall be made within ten (10) days after substantial
<br />completion of the Work. 4) All sums not paid in full when due shall earn interest at the rate of 1½ % per month. 5) If Customer does not make payment within 90
<br />days from the date of invoice, contractor shall be entitled to recover from Customer all cost of collection including attorneys’ fees and litigation expenses.
<br />3. INSURANCE
<br />a. CONTRACTOR’S INSURANCE
<br />Contractor insurance shall carry workers compensation, automobile liability, commercial general liability and other such insurance as required. Contractor
<br />shall if requested, provide a complete Schedule of Insurance to Customer.
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<br />b. OWNER’S INSURANCE
<br />i. The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and providing a copy of such to Contractor.
<br />ii. Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction
<br />in which the Project is located, property insurance on an “all-risk” or equivalent policy form, including builder’s risk, in the amount of the initial
<br />Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire
<br />Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided
<br />in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment
<br />has been made as provided. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-subcontractors in the
<br />Project.
<br />iii. The Owner and Contractor waive all rights against each other and any of their subcontractors, sub-subcontractors, agents and employees, each of
<br />the other, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained, except such rights as they have
<br />to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide such waivers of subrogation by endorsement or otherwise.
<br />A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,
<br />contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest
<br />in the property damaged.
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<br />4. ADDITIONAL INSURED
<br />If Customer requires and Contractor agrees, Customer or others may be named as an additional insured on Contractor’s liability insurance policy. Customer and
<br />Contractor agree that the naming of Customer or other parties as an additional insured is intended to apply to claims made against the additional insured to the
<br />extent the claim is due to the negligence of the Contractor and is not intended to make the Contractor’s insurer liable for claims that are due to the fault of the
<br />additional insured.
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<br />5. SHIPMENT TERMS
<br />Unless designated otherwise, any products are sold F.O.B. point of shipment. Title and risk of loss, damage, or destruction shall transfer at the shipping point. Unless
<br />specifically agreed in writing, shipment dates quoted are estimates, and Contractor does not guarantee a particular date for shipment or delivery of the goods.
<br />Contractor shall not be liable for any losses, damages, or penalties occasioned by late performance, nor for any deviation in performance due to supplier delays,
<br />fires, strikes, labor disputes, embargos, wars, riots, governmental action, acts of terrorism, acts of nature, other delays in transportation or any other condition
<br />beyond Contractor’s control. Partial shipments are authorized.
<br />6. WORKING HOURS
<br />All services performed under this Agreement including major repairs, shall be provided during Contractor’s normal working hours unless otherwise agreed. Extra
<br />charges will be made for overtime work and work performed outside Contractor’s regular hours at Customer’s request.
<br />7. ORDER CHANGES
<br />Work and material in addition to, or different from, that stated herein, and changes in drawings or specifications, shall be subject to Contractor’s approval and shall
<br />entitle Contractor to an adjustment in the contract price and schedule. Services or parts requested by Customer in addition to those specified in this Agreement will
<br />be provided upon receipt of Customer’s written authorization and invoiced at Contractor’s prevailing labor rates and parts charges. Additional services or parts shall
<br />be supplied under the terms of this Agreement.
<br />8. WARRANTY
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