Fill and Sign the Supplier Quote and Order Acknowledgment Form

Supplier Quote and Order AcknowledgmentName of Seller:       Address :       Phone Number:       Contact Name:       Proposal Submitted To:       Owner:       Job Name:       Street Address:       City:       State:       Zip Code:       Job Location:       Architect:       Date of Plans:       Phone:       Date:       General Contractor:       Phone:       Date:       Job Phone:       Seller proposes to supply the following OR Se l ler acknowledges t h e fo l lowing order : Project shall start by:       Project shall be completed by:       Exclusions:       Supplier Quote and Order Acknowledgment Page 1 of 4 Units of:       To be deliv e red:       We hereby propose t o furnish the desc r i b ed for t h e su m of: Price:       Dollars:       P ay ment Terms :  To b e return e d w ith t hi s pr o po s al t o Sell e r: $        To b e pa i d upon storage of m a terials by S e l l er: $        To be pa i d upo n comp le tio n of eac h uni t: $        To b e paid monthl y for work in p l ac e: $       Authori ze d Si g n a ture B y : (Signature)       (Printed Name) D a t e :       1. Acceptance is limited to terms of this Quote. Seller objects to any different or additional terms contained in any purcha se order , offer or confirmation sent or to be sent by Buyer , which are expressly rejected . The price quoted is firm only if an executed cop y of this Quote is received by Seller at its offi c e within 30 days of the date of this Quote. All terms of this Quote shall be incorporated into and shall become a part of any further or additional agreement regarding these goods. 2. The full price is due and payable on each unit when Seller is ready for delivery of each un i t of the described materials . Buyer agrees to pay a reasonable storage fee if Seller stores materials after ready for delivery . Quoted price is based upon representations made by Buyer to Seller concerning the work and the work schedule. Buyer agrees that Seller shall be compensated at Seller ' s normal rates for any different or additional work or schedule requested verbally or in writing b y Buyer. Quoted price assumes a c lean and unoccupied delivery or installation site and unencumbered access from a reasonable unloading location . 3. Seller agrees to replace or, at Seller ' s option, repair any defective goods within a reasonable time. Buyer ' s remed i es for any delay or any defect in the materials are subject to and limited by any limitations contained in the manufacturer ' s terms and conditions to Seller . Further , Buyer ' s sole and exclusive remedy and Seller ' s limit of liability for any and all loss or damage resulting from defective goods shall be for the purchase price of the particular delivery and materials with respe c t to which loss or damage is claimed, plus any transportation charges actually paid by the Buyer . In no event shall Seller be liable for any damage due to delay of any type, nor consequential, special or punitive damages. THE FOREGOING WARRANTY IS Supplier Quote and Order Acknowledgment Page 2 of 4 EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES , WHETHER WRITTEN , ORAL , EXPRESS OR IMPIED, INCLUDING THE WARRANTY OF TITLE, AGAINST LIENS, INFRINGEEMENT , THE WARRANTY OF MERCHANT ABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE . 4. Buyer shall make a careful inspection at the time of delivery. Buyer's failure to give written notice specifying any c laim within ten (10) days of delivery shall constitute an unqualified acceptance of the labor and material delivered and a waiver of all claims. Seller will not be liable for any damage , warranty or remedy and back charges will not be accepted without prior notification , an opportunity to view and repair , replace or otherwise cure , and approval by Seller . No returned produ c t will be accepted without prior approval . A restocking charge of 25% will apply on products approved for refund . 5. Buyer shall indemnify and hold harmless the Seller and their agents and employees from and against all claims , damage s , losses and expenses , including attorney ' s fees , arising out of this agreement or the described supply of labor or material s , provided that any such claim is attributable to bodily injur y, sickness, disease or death or injury to or destruction of tangible property , including the loss of use resulting therefrom , caused in whole or in part by any negligent act or omis s ion of Buyer , any subcontractor , employee, agent, or anyone else directly or indirectly employed by any of them or by an y third person, regardless of whether or not it has been caused in part by a party indemnified. 6. Buyer agrees to pay a late charge of $       , plus       % interest per month on any amount not paid when due, both before and after judgment , and further agrees to pay attorney ' s fees equal to 33% of any balance due on default, whether or not suit is filed . Buyer further agrees to submit to personal jurisdiction in       and that the (Name of State) forum for any litigation pursuant to any agreement with Seller shall be the       , (Name of City) County of       Fairfax Virginia , whether suit is brought by Buyer or Seller . (Name of County) 7. We authorize Seller from time to time to obtain Business and Consumer Credit Reports on Buyer or any princip a ls of Buyer or to obtain credit and funding information from any other source . Seller shall have no obligation to begin or continue performance until adequate credit and funding information is provided , at any tim e on request of Seller . Seller may stop the manufacture or supply of any labor or materials when it , in its sole discretion , determines that Buyer is in breach of this Agreement or any other contract with Seller, or Seller has insecurity with respect to funding or creditworthiness, until payment is made and any dispute or insecurity has been resolved. 8. Buyer agrees that all funds owed to Buyer from anyone or received by Buyer to the extent those funds result from the labor or materials supplied by Seller shall be held in trust for the benefit - of Seller (the Trust Funds) . Buyer may commingle Trust Funds , but agrees it has no interest in Trust Funds held by anyone and to promptly account for and pay to Seller all Supplier Quote and Order Acknowledgment Page 3 of 4 such Trust Funds . Buyer further irrevocably assigns to Seller any rights it has to Trust Funds to the extent that sums are justly due to Seller under this Agreement . All mechanic ' s lien, payment bond or similar waivers or restrictive endorsements on checks shall be effective only to the total dollar amount of payments actually received without any bankruptcy filing for ninety days thereafter . Customer agrees that Seller retains its mechanic ' s lien , payment bond or other legal rights for unpaid deliveries , regardless of what other waiver documents may imply otherwise. . Customer further agrees that Seller has the right to determine , in its sole discretion , how to apply payments and which invoices to pay with all payments received on this account, despite any advice to the contrary. 9. The undersigned hereby individuall y guarantee Buyer ' s performance of this Agreement . The undersigned agrees to a ll of the above t e r ms and co n di t io n s: Accepted by: (Signature)       (Printed Name and Title) Date of Acceptance:       Supplier Quote and Order Acknowledgment Page 4 of 4