CONTECH

CONTECH ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quote II QUO-287041.L7F6L6 Date 8129/2017 Account Name Zorro Management Reply-To Quote It QUO.287041-L7F6L6 Contact Name Steve Chavez Contech Rep. Joe Menicucci Phone (505) 453-4238 Address 10300 Central SW, Albuquerque. NM, 87114 Quote Name 24" CMP and Bands Fax Phone 505.842.8282 Email schavez7815@gmailcom Fax Project City:State Albuquerque, NM Email [email protected] Contech's otter to ell the products described in thi quotation is expressly conditioned upon Buyer's assent to he Contech Conditions of Sale ("Canted, COS") included herewith antler viewable at www.conteches.comeos. A valid tax exemption certificate mu I be issued to Contech or sales tax Ma be added. MOM # Description Pieces Quantity Extended Unll Price Unit 1 Unit Total H/C PIPE 2 2/3x1/2 GALV LS 16GA 24* - Length : 30 2.00 60.00 $20.52 FT $1,231.20 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 24 4.00 96.00 $20.52 FT $1.969.92 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 20 16.00 320.00 $20.52 FT $6.566.40 H/C PIPE 2 2/3x1/2 GALV LS 16GA 24" • Length : 12 2.00 24.00 $20.52 Fr $492.48 CSP BD 12"HUGGER GALV 16GA 24" 1PC - Notes for Quote : w/O-ring gaskets 1.00 1.00 $61.56 EA $61.56 Total $10.321.56 (Tax not included) Net Total $10.321.56 Standard Notes 1.'Customer pickup at the Albuquerque plant. 2.Construction loadings typically exceed the intended post-construction live load used for design. Contact your Contech representative for specific guidelines and limitations based on the construction live loads anticipated. 3.Flexble structures of the type on this project are reliant on the type of structural backlit' used, the compaction of that material and the balanced placement of structural back ill. Contact your Contech representative for specific information. 4.Quotation is based upon estimated (not guaranteed) quantities. Buyer must verify final quantities needed prior to commencement of work by Contech. If Buyer elects to purchase from Seller only a portion of the material quoted, Seller retains the right to adjust its prices. 5.The estimated manufacturing lead time for this material is 1.2 weeks from the receipt of approved submittal documents. 6.This material will be manufactured for this particular project and is not subject to cancellation. See Section 19 of the Contech COS. 7.This quotation expires 30 days from the date shown. Prices are firm for sNpment within 60 days of the date of quotation and are subject to a maximum escalation of 8% for each 30 days thereafter. Scope Of Work Hel-Cor Pipe Corrugated Metal Pipe (Hel-Cor Pipe) will be provided in standard lengths. Special lengths may be provided at an additional charge and are subject to manufacturing tolerances and shipping limitations. Prices quoted are based on nesting diameters whenever possible. If unhested loads are required additional freight charges will be added. PAYMAIR TAFIMS ARE 1.2%40. NET 30 DAYS rnom DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NONSTANDARD ADO': G. IF NONSTANDARD. PAYMANT TERMS ARE II AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION. Z3 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED. CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS. BUYER'S SIGNATURE BELOW. DIRECTION TO MANUFACTURE. OR ACCEPTANCE OF DEUVERY OF GOODS DESCRIBED ABOVE. SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF ANOOR ON BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES. INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC. Acceptance Contech Engineered Solutions LLC. Quotation Pager/ 1/3 EFTA00794319 C T EC ® ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quote # QUO.287041-L7F6L6 WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech COS INCLUDED HEREWITH AND VIEWABLE AT liwAy.conteches.comicos By Joe Menicucci Company (O) 505-842-8282 By (F) Title (Cell) Dale Title Quotation Page# 2/3 EFTA00794320 CUNTECH' ENGINEERED SOLUTIONS A QUIKRETE® COMPANY Quotation Pagel 3/3 Quote # OU0-287041-L7F6L6 Contech • CONDITIONS OF SALE I AreePTANCE. This detainer is an otter to eel to petenbal cuslorner(s). BUYERS RIGHT TO ACCEPT THIS OFFER IS LIMITED TO BUYER'S ASSENT TO THE TERMS MD CONDITIONS PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING OUOTE. AND NO TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. THERE ME NO UNDERSTANDINGS, TF-RMS, CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED HEREIN. 2 LIMITED WARRANTIES. Salter warrants that it anconvey good WM lo the products sold under this contract and that they are free el liens and encurrbrances. Seller deo warrants Thal the products sold under this contract are substantially free from defects in rralerial and workrnanshp for a period of one year the, the date of delteery. There are no express or impled warranties with respect to products sold hereunder whch are maned. abused or used n conjunction rah mechanical equipment improperly designed, used or mareamed, or which tee used. suppled lor use or made available for use n any nuclear anat.:alien of which Seller has not been notified in veiling by Buyer at the lime el order for the products sold hammier. SELLER MAKES NO OTHER WARRANTY WHATSOEVER. EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. 3. LIMITATION CF BUYERS REMEDIES AND SELLERS LIABILITY. Seler's leanly hereunder shall te limited to the cagabon torepair or replace only (hose products proven to have been defective in material or workrnarshp al the true of delivery. or aloes credit. al its option. Setter's total cenutaliveliabilty n any way arising horn or pertaining to any product or service sdd or required to be sold under this contract stall NOT in any ease exceed the purchase prise paid by Buyer for such products or seMees. N NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS. LOST PROFITS, CLAIMS FOR LABOR. OR CONSEOUENTIAL SPECIAL. PUNITIVE OR INCIDENTAL DAMAGES OF ANY TYPE. WHETHER BUYERS CLAIM BE BASED IN CONTRACT. TORT. WARRANTY. STRICT LIABILITY. NEGLIGENCE. OR OTHERWISE. IT IS EXPRESSLY AGREED THAT BUYER'S REMEDIES EXPRESSED Pi THIS PARAGRAPH ARE BUYERS SOLE AND EXCLUSIVE REMEDIES. d. LIMITATION CF BUYER'S REMEDIES AND SELLERS LIABILITY FOR FAA.URE OR DELAY IN DELIVERY. NO DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND D(CLUSNE REMEDIES AND SELLER'S ONLY LIABILITY FOR ANY DELAY N DELIVERY SHALL BE LIMITED AS SET FORTH N PARAGRAPH 3 OF THIS CONTRACT. 5. FORCE MAJEURE. h any event and n eldben to al ether limitations slated herein. Seller shall net be liable for any ad. omission. resuk or consequence. including but not Imbed to any delay in delnery or perlorinance. which is (i) due ha any ad el God. the performance of anygovernment ceder, any order bearing priority rang or order placed under any abeam aware (mandatory or votataryl esladished pursuant to law, local labor shortage. fire. flood or other casualty, governmental regulation or requirement, shortage or failure or raw material. supply. fuel. power or transpertabon, breakdown of equipment. or any cause beyond Setter's reasonable control whether al similar or dear-ale nature to those above enumerated. or (ii) due to any strke, labor dispute, or dilemma with workers. regardess d whether or at Seller is capable el settling any such labor problem. 6. BUYER'S OBLIGATION TO PASS ON LIMITATION OR WARRANTIES AND REMEDIES. In order le protect Seller agaral claims by Buyer's buyer. if Buyer resells any d the products purchased under this agreement. Buyer shal include the language contained in paragraphs 2 and 3 ol Ilis agreemed, doming with Setter's Imitations el warrardies and remedies, in an enter/cad:le agreement with Buyer's buyer. or otherwise include language in an enforceable agreement nth its buyer that makes Sele/s limalien el warrantee and renedes binding on its buyer. Buyer shall also include a provision n its agreement with its buyer applyng Ohre law to any claims its buyer might assert agaral Seller wth respect to products manufactured by Seler. and requirrig ds buyer to rang any such action against Soler eider in federal detrid court in Cincinnab. Oho or the common pleas court lor Buller County. Ohio. Buyer shal defend. indernnty and hold Seller hermit:se from any and all claims, causes of action, damages. /asses or expenses (intruder(' reasonable attorneys' fees) dial Seiler incurs by reason el Buyer's (alum to campyWO this paragraph. 7. PASSAGE OF TITLE. Tide lo the roads sold hereunder shall pass upon delivery to the carrier al the point of shipment. Neither Buyer nor the consignee shal have the right to divert or recension such shamed lo anydestine:3n other than specified ih the bit of lading without permission d the Setter. Urless otherwise agreed Soler reserves the right to select the node el transportation. B. PAYMENTS AND LATE CHARGES ON PAST DUE ACCOUNTS. Buyer represents that Buyer is sohnnt and can and wit pay for the predate sold to Buyer in accordance with the terms hereof. tl Buyer shall lad to cemply with any prevision or to make payments in accordance wdh the Mills of this contract or any other contract between Buyer and Seller. Seller may at its option deter shipments or. without waiving any other rights it may have. terminate this contract. Al deliveries shall te subject to the approval d Seller's Credit Department. Seller reserves the right. before making any delivery, le require payment in cash or security for payment. and if Buyer fails to comply with such reepirement. Soler may terminate this contract. A late charge of I' M% monthly (II% annual rate) or the maxima allowed by stale law, if less, will te imposedon all past due accounts, and Buyer is responsible for all costs d collection inducing without limit:ben reasonable attorneys' lees and court oasts. 9. TRANSPORTATION CHARGES. Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adustment le reflect changes in transportation charges. 10, CLAIMS BY BUYER. Buyer shall thoroughly inspect products sold under this contract immediate,/ upon receipt to verily conformance with the specifications of the corned. Buyer must notify Seller d china lor failure or delay in delivery within 30 days after the scheduled delivery dale. Buyer must not Seller of any claims lor nonoonlorining or dialect* products within 30 days alter the nonconformity or and was or should have been discovered. In addlion. Seller must be given an opporturity le investigate the claim before Buyer deposes of the material, or else Buyer's claim wll be barred. Seller shall incur no liabilty lor damage. shorter,, or other causeart:tadto have occurred or existed al or prior todelivery to the carrier unless the Buyer shall have entered lull &dais thereof en its recept to the carrier. 11. MECHANICAL PROPERTIES: CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analysis are the result of rats performed en spedmens atoned from specific locations of the proluel(s) in accordance with prescribed sampling procedures; any warranty thereof is limited to the values obtained al such locabons and by such procedures. There is no warrardy with respect le vales el the materials a other locations. 12, PATENTS. Seller shall indemnify Buyer against attorneys' fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the material armored hereunder in dull consetules an infringement of any U.S. paled. provided Buyer gives Seller prompt notice of any such suit bang brought, gves Soler the oppertunty to delend any such sut andcooperates with Seller with rasped to any such defense; unless the material is made in accordance with material designs, or specifieasers fettered by Buyer, in whch case Buyer shall sanitary indemnity Seller. 13, PERIAISSWLE VARIATIONS. The products sold hereunder shall be subset to Selter's standard manufacturing variabons. tolerances and classifications. 1d. TECHNICAL ADVICE. Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the design requirements el Buyer's woad and are waren for Buyer'sintended application. Buyer further represents that it has not relied in any respect on any written or oral statements or advice from Setter, ether than the standard product specifications eel forth in the most recent addbon of Seller's published product brochures. in making that determination. 15. TAXES. No taxes imposed with respect el the sale el the products or services sold hereunder are included in any quotation by Seller. All applicable taxes shall to added and paid by Buyer in addliori to the purchase prise. 16. BUYER'S RIGHT OF TERMINATION. Buyer may leonine, this contract ih when or in part upon notice in wribng to Salter, Seller shall thereupon cease work and bander to Buyer HI, to all completed and partialy completedpredate and to any raw materials or supplies acquired by Setter especially for the purpose performing this contract, and Buyer shall pay Seller the sum of the febowig: (I) the contract price for all products which have been completed prior to termination: (2) the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accourairg practice consistently manlaned by Seller plus a reasonable profit thereen, but in no event more than the contract price; (3) the cost Lob. Seller's plant of materials and supplies aoguted especially for the purpose el performing this contract: and (d) reasonable cancellation charges, if any, paid by Setter on account el any commitment(s) made hare :der. 17. SELLERS RIGHT OF TERMINATION. In addition le the other rights of termination provided lor in this contract, and it this contract is made pursuant to any governmental rule or regulation. plan, order or other directive, upon the directiw. effected or impaired.terminalion tercel. Seller shall have the option al canceing this contract in whale or in part. 18. WAIVER, Failure or inabilty of either party to enforceany rip hereunder shall net waive any right n respect to any ether a future rights or occurrences. 19. DELIVERY. Unless otherwise agreed to in wrtig by the Seller, the Buyer hereby agrees to lake delivery d the materials on this order wdhin the later of thirty (30)days after the wanted date shown en the lace el the order or within thirty (30) days after notification, oral or written, that the materials are ready for shred. In the event that the Buyer does at arrange le lag delivery of the materials in accordance wdh this Contract. Seler. al Seller's option. may: (a) invoke the Buyer for the materials less freight if applicable: store the material in Seller's yard for a period not to exceed sixty (60)days from the dale el invoice: charge a storage lea not to exceed 5% per month or traction thereat el the seltng price el the stored materials: add any apptcable prise increases feted en the face of the order: charge lor any repair work to protective coatings harmed by wealhenng whale such material is being stored and charge applicable freight when shipment to the Buyer is made. Materials remaining in storage after sixty (601 days from the invoice date shall become the properly of the Seller for deposition al the Seller's decretian In that evert. Buyer shall not be liable for the invoice price el the materials, but shall te ratite for the storage fee and any repair work 10 protective coatings; a (b) cancel the order and invoice the Buyer for cancellation charges, which shal be 25% el the soling price of the materials if the materials are standard. irstock meant, or the WI seltng price it the materials an special or nonstandard in nature and were especially fabricated for the Buyer. 20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any action by Buyer against Seiler relating to this contract or the products sold hereunder, including, without Imitation. any action for breach el contract ce warranty. or otherwise in connection with the produce sold under this cataract. MUM be commenced by Buyer against Seller within one year alter the cause el action therefore accrues or we year el delivery el the products sold hereunder, if less. 21. CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and cendflons el any purchase order or other instrurnert issued by the Buyer, in connection with the subject matter of this document, which are in addition le or inconsistent with theterns and conditions expressed herein, wit not be binding on Soler in any matter whatsoever unless accepted by Seller in weans. 22. SEVERABILITY. In case any provision el this contract shell be declared invalid, illegal or unenforceable. the validy, legalty and enlorceatility el the remaning provisions shall not in any way be affected or mwed. 23. APPLICABLE LAW. This contract shall be governed by, and construed and enforced in accordance with. the laws of Ohio. Buyer and Seler speoicaly agree that any legal action brought relating to this contract shall be brought and trod exclusively in the *decal district court ii Cincirnab. Ohio, or, n the absence of jurisdaen. the Butler County Court al Common Pleas in Hamden. Ohio. REV. 03115 EFTA00794321