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1. Terms and Conditions.

These terms and conditions apply to any installation services provided by Above All Installations L.L.C. (A.A.I.) to Customer and any related quotation or proposal by A.A.I. Any different or additional terms in any documents from Customer are objected to and rejected, are deemed to materially alter these terms, and will not become part of any contract. 

2. Installation.

Customer Responsibilities Customer agrees to prepare site and provide utilities and other support as reasonably required by A.A.I. for installation and testing, and to perform the following:

a. Floor. Floor shall be concrete or other sound material acceptable to A.A.I. and shall be flat and even (less than 1/4" elevation variation over ten linear feet in any direction). Any costs incurred for drilling anchor holes as a result of interference with reinforcing rods, mesh or other materials due to hard anchor receiving materials shall be reimbursed by Customer. 

b. Dry, Clean. Maintain the site in a dry condition and free of obstructions or debris other than those caused by A.A.I. Provide a trash container located not more than 100 feet from the installation area. (A.A.I. will clean up debris it causes.) 

c. Utilities. Provide light, electric current and wiring, as may be required to install, test and operate Equipment. Provide a constant source of electrical supply, at least 100 feet of extension cord per power tool required, and adequate outlets within the 100 foot perimeter. Provide sanitary facilities and fire protection equipment.  

d. Security and Storage. Provide adequate and secure covered storage facilities for material shipped to site before or during installation. Provide first aid equipment required by OSHA. 

e. Free and clear access; unloading. Provide sufficient lay-down, staging and assembly areas immediately adjacent to construction area. Provide sufficient free and clear access roads, deck areas and aisles. Provide lift equipment on a continuous basis throughout the installation time for lifting and transporting the Equipment.

 f. Permits. Apply for and obtain prior to commencement of installation by A.A.I. all building, erection or related permits, licenses, inspections and surveys necessary for installation of Equipment in accordance with all regulations.

 g. Coordination. Coordinate the activities of Customer subcontractors with A.A.I. to prevent interference with A.A.I’s work.   If any of Customer’s responsibilities are not satisfied, then A.A.I. may in its discretion have the installation crew, at the expense of Customer, perform any work appropriate to meet the required conditions, or may alternatively halt and delay the work and may have the crew leave the site and return when conditions are satisfied. All extra costs including demurrage charges incurred by A.A.I. as a result shall be paid by Customer.  

3. Commissioning and Testing.

A.A.I. will commission the Equipment by performing all final adjustments and testing of the installed Equipment required to establish that the Equipment performs in accordance with the terms of the Proposal. Upon notice that the commissioning has been completed, Customer may conduct testing prior to accepting the Equipment, but only with A.A.I. designated representative present. Customer will promptly notify A.A.I. in writing of any deficiency in the Equipment's performance relative to the Proposal. Customer will not use the Equipment prior to acceptance.  

4. Partial Utilization .

Customer may use finished parts of the Equipment before substantial completion of the entire Equipment, only if Customer and A.A.I. agree in writing that it is a separately functioning and usable part of the Equipment that can be used by Customer without significant interference with A.A.I.’s performance with the remainder of the installation. If Customer desires to use any such part of the Equipment, Customer shall submit a written request to A.A.I. describing the proposed use and certifying that in Customer’s opinion such part of the Equipment is substantially complete and can be used without significant interference; Customer will not make such partial usage without A.A.I.’s written consent. Such partial usage will constitute acceptance of such portion of the Equipment. 

5. Insurance .

a. A.A.I. carries prudent levels of general liability, automobile liability and workers compensation insurance. Customer carries prudent levels of general liability, automobile liability and workers compensation insurance.

  b. Each party retains the right to be represented, at its sole option and expense, by attorneys of its own selection in connection with any claims or legal proceedings covered hereunder. The exercise of this right to select its own attorneys will not detract from the other party’s obligation to procure insurance.  

6. Price .

Any proposal price is based on utilizing local non-union labor, working an eight hour shift Monday through Friday. Unless otherwise stated in a final proposal by A.A.I., none of the following have been included in the purchase price: (a) wages for overtime or holiday work, (b) extra expenses due to importing labor, (c) wages due to overtime demanded by a labor union as a condition of employment, or (d) increases in union wage rates at the time of installation above such rates in effect as of the date of the contract between Customer and A.A.I. If A.A.I. experiences increases in costs thereby, Customer will reimburse A.A.I. for the amount of such increase in cost plus fifteen percent (15%) of such amount to provide for additional insurance, taxes, handling, profit and miscellaneous charges.