DS9 Document EFTA00602321

some BRAEMAR Building Systems Purchase Order 925 W. Kenyon Ave, Suite 6, Englewood, Colorado 80110 Tel: IRO Page 1 of 5 Date: 5-Jan-16 Quote Number: z60105 Job Number: z60105 This purchase Is subject to the terms and conditions as set forth in the Limited Warranty and Purchase Order. Customer Name: KZW SERVICES Ship to: Garage / Maintenance Bldg Contact: RON CAREY Contact: Address: . BOX 1082 APT 204 GOLDEN ROCK Address: City / State / Zip CHRISTIANSTED,VIRGIN iSt 821 City / State / Zip: Little St James, U.S.V.I. 0 Tel , Tel.: Fax: Width (ft.) 80'-0" Length (ft.) 801-0" Height (ft ) Front SW 18'4" Peak Offset Roof Pitch Back SW 45.-0" 1.0:12 18c0" Girt Tpo . Left EW _ Right EW . Front—SW .. Rush • Flush • Bypass Deflection Criteria Additional Loads bad( SW Bypass Frame Horizontal 60 ._ Frame Verticalii 180 Purtin (Live) 180 Snow Buildup Height Difference (ft) __ Mezzanine (Dead) NO N/A N/A • N/A N/A N/A Bracing Type Left EW Cible Diagonal Bracing _____ - Purlin (Wind) 120 Mazzanina(Lya) __._ Crane Type Right EliV7 Catili Diagonal Bracing Front SW Cable Diagonal Bracing .. Girt (Wind) 90 Roof Panel Live). _____ 180 Wall Panel 90 Crane Capacity (kips) Other . Back SW Cable Diagonal Bracing Column Base Elevations Primary Framing Left EW 0 Right EW 0 Front SW 0 Back SW 0 interior Col. 0.0000 Primer Color Left EW Right EW Frame Column Frame Rafter Rigid Frames RED frames, RED secondary Post and Beam . _ _ _ . .— _ 29.0000 Column Spacing Post and Beam tapered depth tapered depth Left EW 14.0000 14.0000 12.0000 12.000 Right EW_ 16.7600 11.2500 .0.11001) 12.000 Front SW 4 at 20 i 3 rigid frames with interior columns at: Exterior Panels Gauge Profile Finish Fasteners SS Clip Roof Sheeting . Wall Sheeting 26 26 PBR PBR Galvalume Signature 200 Long-Life , Standard 0 Trim Colors Insulation Gutters and Downspouts Eave/Gable Signature 200 Roof Not Included • By Others Gutters Color Downspouts Front SW Back SW 80 80 Sianataie 200 ... . •-• • 3 3 Signature 200 Base : 200 Left EW Not Included - By Others _ _Signature _ Corner Signature 200 Righ EW Fron SW Back SW Not Included - By Others Openings Signature 200 Not included - By Others Other WA Not Included - By Others Color De ' n Loads and Code Information Ground (') 0.00 Live_. ._ 20.00 Reduced? YES. Wind mph_ 175 Wind Exp. C Wiry:limp. i Code 113C 12 Collateral 0.50 Roof Snow 0.00 Sett. Cortik 0.44 Sles. Zone D pais. Imp_ f State Code TOCT4 Interior Liner Locations Roof Ga ge Profile n/a 0 Finish Location none LEW nla 0 none REW n/a 0 none FSW n/a 0 none SSW n/a 0 none EFTA00602321 Braemar Building Systems Purchase Order Date: Job No.: 5-Jan-16 z60105 Quote No.: Page 2 of 5 z60105 Factory Located Framed Openings Open Wall Areas Left EW (2)12 Wx 16 H 16 ft high and 28 ft long " " " common wall with Add-A-Bay Right EW (2)12 Wx 16 H none Front SW none none Back SW none none Special Notes and Qualifications 3 Sets of engineered stamped anchor bolt plan and approval drawings 3 Sets of erection drawings Is calculation required? _X _Yes . Base condition: Base angle with trim & closures. 9 Louver framed openings with j- trim, field located. Sery 32.6667' W x 47.5' L x 14.1' H - PBR roof & wall sheeting,trtms, gutts/ downs,fasteners,closures,ridge caps " - zee with closures and trim for stem walls, transition trim mastic & sealant, included. Add Bat 32.6667' W x 25' L x 14.1' H - Same conf. as Garage / Maint. Complete building shell between other sections. Note All sections approx. weight for dunnage to barge by others = 42,639 pounds, 2 flat racks trailers. Due to volatility in the North American steel market, this price is valid for 15 days. NOTE EXCLUSIONS ON PAGE 3! Color Selection: Ultra-Dek, Double-Lok, and PBR panels are available in Signature 200 colors only. Additional charges will apply if Signature 300, Kynar, or other colors are selected. - color selections are subject to availability and lead-time. EFTA00602322 WARRANTY, TERMS AND CONDITIONS OF SALE Page 4 of 5 Date: SJan-113 Job No.: z60105 Quote No.: z60105 I. LIMITED WARRANTY BRAEMAR BUILDING SYSTEMS INC. (hereinafter refined to as the Manufacturer) makes the following Limited Express Warranty to the Buyer if the materials are constructed or installed in compliance with the Manufacturer's erection drawings and manual and in n good workmanlike manner. That Limited Express Warranty shall be invalidated by any procedural or other changes in construction, installation. anothficauon or engineering additions not approved by the Manufacturer. by improper site selection. site preparation errors or failure to comply with Manufacurees instructions or warnings regarding payment. delivery. storage or handling. The Limited Express Waranty applies only to products manufactured by this Manufeetwer. THIS LIMITED EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE BEYOND THE WARRANTY STATED HEREIN. IN NO EVENT SHALL. MANUFACTURER BE LIABILE FOR LOSS OF PROFITS OR OTHER INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES. MANUFACTURER HAS NOT AUTHORIZED AND SHALL NOT AUTHORIZE ANY PERSON OR COMPANY TO ASSUME, ON BEHALF OF THE MANUFACTURER, ANY LIABILITY IN CONNECTION WITH THE MATERIAL SUPPLIED, NOR TO INCREASE TILE SCOPE OF THIS LIMITED EXPRESS WARRANTY. The Limited Express Waeranty is limited to the followtog: A. The materials. when properly constructed or installed shall meet the Manufacturer's specifications B. All Manufacturers materials are free of material defects in workmanship or materials. and shall be warranted as such for a period of twelve (12) months from the date ef delivery by. or pickup Siam the Manufacturer. C. Quality of materials shall conferee to the gnu memoir and specifications of the Manufacturer as stated hater The Manufacturer will replace ray defective material furnished within twelve (12) months upon presentation by Buyer of evidence satisfactory to Manufacturer of such defect The shop painting is a prime coat and the Manufacturer shall not be responsible for the condition of die paint after it has been delivered to the common carrier• job site or owner. Manufacturer's sole responsibility under this Limited Express Warranty shall be to replace the defective material. Warranty claims must be submitted in writing to the Manufacturer at the Manufacturer's address stated harem Satisfactory evidence of such defect shall include accurate photos and any inspection or expert reports. Manufacturer shall have a period of *him (301days after receipt of such Satisfactory Evidence to reasonably determine if a defect exists to which this Iterated Express Warranty applies. Manufacturer shall have the right, bra not the duty, to conduct such inspections of the materials in place, aid Buyer or Contractor agree to provide reasonable access to same. In the event Manufacturer has not notified Buyer of its acceptance of respenentlity for the claim within the herein referenced thirty (30)days. it shall be presumed that the claim of warranty is denied. 2. TERMS AND CONDITIONS A. Unless specifically noted. the Manufacturer has excluded all matter. except damn. fabrication an delivery of the materials which exclusion Mclean. but is not limited to. the following; erection, insulation, foundatico denim. concrete, imbeds. overhead doors, windows. unleadthg. storage, field painting, tax. B. Approval Drawings prepared by the Manufacturer and duly approved by the representative of the Buyer shall be deemed the correct interpretation of the contract and work to be performed. C. The place of fabricanon, the routing and the method of shipment, the place of price of purchase, or all or any part of the materials to be included hereunder shall be at the sole discretion of the M anu Enterer. D. The Marnefinnurer shall not be liable nor held liable fir delays m the perfonnance in whole or in put of this Agreement resulting in whole or In pert hone any cause beyond the control of the Manufacturer• including tut not limited to acre defined as Force Majeure. Acts of God, fee, earthquake. flood. windstorm. or strikes. lockouts, or other differences with employees: or war. riot. or tannin activity: or embargoes. delays. lesson or damages m transportation; or tthortage of cars. trucks. heel, labor. or the material In case of the happening of any such cause of delay, the time of completion shall be extended accordingly. E. The Manufacturer shall not be responsible for any field work et any kind under any circumstances performed on any material furnished under this Agreement without prior authorization in writing from the Manufacturer. F. Owner or Buyer is responsible fee ordering and erecting a structure that when complete. complies with provincial, state and kcal building codes and zoning, and which will he sufficient to withstand local environmental conditions. Manufacturer makes no representations as to the adequacy of the loads ordered. G. Deposit received by Manufacturer is offered as security for good faith perfonnance of contractual obligations and for expenses. In the event of any breech of dirt *Veteran' by Buyer 1. Buya shall forfeit the full amass of the deposit to be applied to the manufacturer's lost profits and expenses Manufacturer may demand. and Buyer agrees to pay an addmonal amount of up to )3.3%of the total contract balance for standard buildings, or up to 50% on custom designed structures. as liquidated damages, plus storage. special material cost. lost profits. any and all attomey and collection Res. Buyer acknowledges that it is difficult to determine the full extent of damages that may be encurred by Manufacturer resulting from Buyer's breach of this Agreement and the liquidated damages provided far herein are a reasonable approximation and Buyer agrees to sane. 2. In addition to liquidated damages. Manufacturer reserves the right to pursue any other remedies available to it in law or in equity. EFTA00602323 WARRANTY, TERMS AND CONDITIONS OF SALE Page 5 of 5 Date: E-Janilft Job No.: z60105 Quote No: z60105 H. Buyer agrees that failure to accept delivery or pick-up when scheduled shall constitute breach of this Agreement and shall pay a reenact, 325000 charge. plus freight and monthly storage charges equal to 3% of the contract price. accruing until the material is resold or the Buyer accepts delivery. I. The TERMS OF PAYMENT, unless otherwise need shall be as follows: la) 20% at time of contact acceptance or SIS00.00, whichever is Meer (b) Balance ofcontract paid with certified haidS. including ell appbcable Saks Taxes• nt time of delivery. .1. Under no circumstances is any retention allowed. K. Shipments and delivery shall be subject to approval of Manufacturer's credit deptinMenti and Manufacturer reserves the right previous to making any shipment to require from Buyer satisfactory security for performance of Buyer's obligations. If Buyer fails to fulfill the terms of the payment. Manufacturer may defer additional shipments or at Menthe:tuner's option caret the uncompleted balance. All deferral shipments shall bear interest fern the time they are due until paid at the rate of I 8% per annum_ No failure of the Manufacturer to exercise any right occurring from default of the Buyer shall impair the Manufacturer's rights in case of any subsequent default L. 'This proposal is not a binding bilateral contract until signed by Buyer and accepted by the Manufacturer, and when accepted. it together with the general conditions of connate constitute the entire contract between Buyer and Manufacturer. This Agreement sum, rel-s all prior agreements. understandings, conditions or inducements whether in writing or oral. and die Manuecturer is not bound by any other agreements. understandings. continuant or inducement, otherwise than are expressly set forth and stipulated herein. No change. thermion, amendment. modification or waiver of any of the terms or provisions hereof shall be valid unless the same be in %retinae and signed by the Manufacturer. M. In the event any date called for heroin falls on a Saturday. Sunday. or federal or state holiday. said date shall be extended to the next business day following such Saturday. Sunday. or federal or state holiday. N. the parties hereto expressly agree that the tams and conditions hereof and the subsequent perfonnanee hereunder Call be conamsed and connoted by the laws of the state of Colorado. Claims. disputes or other caters m question between the parties arising out of or relating to this Agreement « breach thereof, shall, m the sole and absolute discretion of the Manufacturer• be subject to and deeded by tub:maim. Such arbitration shall be conducted in accordance with the Construction Industry Mediation or Arbitration Rules of the American Arbitration Association. currently in effect. Manufacturer shall have the right to select any mooned arbitration services company. Such arbitration shall be conducted in the Denver, Colorado Metropolitan Area as determined by the arbitration provider. Nothing herein shall preclude Maenifactarer tom electing to pursue legal remedies through a court ofcompetent jurisdiction which the parties agree shall be limited to the federal or state district coons in the thee of Colorado. A demand for arbitration shall be made by tlw Manufacturer within a reasonable tune after the claim. dispute or other matter in question has ansen. Any award rendered by the arbitrator or arbitrators shall be final. and judgment may he entered upon it in accordance with applicable larceny court having jurisdiction thereof O. To the fullest extent pertained by law. Buyer shall indemnify and held harmless the Manufacturer. Manufacturer's consultants. employees. officers. directors and shareholders from and spinal claims. damages. tomes. and expenses, indudirg but not limited to, attorneys' fees. SJ ismg out of or resulting from Buyer's constriction or installation of the materials provided by ManuresBret P. Nothing herein shall be construed to bind Manufacturer to any construction or other cootraft batmen the Buyer and the owner of the property upon which the materials an Installed or concerted. Q. In the event the fabrication of the subject building cannot proceed within forty-five Hal days from the date of rworpeantre of the Manufacturer's building order, the building will be subject to repricmg to include increased material or Libor costs. if applicable. which the Buyer agrees to pay. It Mendicant, reserves the right to change or codify the design and construction of Manufacturer's standard buildings from time to tune and to substitute material equal to or superior to that originally specified. S. Any claims for shortages by Buyer must be made to Manufacturer within Inv (5) days after delivery, or such claims will be considered to have been waived by dw Buyer act &tailored T. Buyer represents and warrants that tlw matenals to be provided by Manufetuter am commercial goods and are not being punhased by Buyer parnenly for personal. faintly or household purposes. The undersigned has read the above Warman. Terms and Conditions of Sale sod accepts them as part of this Agreement BUYER PLEASE SIGN BELOW Ma RPM Moen GATE BRAEMAR BUILDING SYSTEMS INC. ACTING AT ITS HOME OFFICE IN DENVER. COLORADO. HEREBY ACCEPTS THE PURCHASER'S FOREGOING OFFER TO PURCHASE Sinented — (R —'I Mit EFTA00602324 EFTA00602325 StXt P.M& ICU TALE Or rq QV ea r tw al Mr 4 4 0 MS a' 21W 4 I 0 Ans 111' a 4 0 0 a25 W 21W TM III Mt if V Ha W YAW W NOR Olt el TO al tfire 4 kW lif IMP X 7 RAWOR.CatliONSCIESWESSMREDI 1110MVX00 0,44 A. 010 Sn MMUS 0.11W 0 Warty. l'AMOOJTWOBEI. Mt FRAME ELEVATION: FRAME UNE 2 3 4 Main ft W Ut U al ISSUED FOR asPPROv.V. V 916 B NCO FM BRAEMAR -^"1""3,00 was.01041110Mitilte Building Syl in COMA% law SERVE SS man COMM MSSIIPCO RMO Lira. tags St Janes US.V.I. 04.M Gastear p I"" Et isms soles EFTA00602326 v, EFTA00602327 EFTA00602328