NERVAL SALES ORDER TERMS
Nerval Corporation herein referred to as "Nerval" (NAME OF CLIENT COMPANY), herein referred to as "Buyer"
1.) Nerval's standard Terms and Conditions will form a part of this subcontract and will supersede terms set forth by the Buyer, or the Prime Contract.
2.) Payment is to be made according to the agreed upon Schedule of Values, which is to be confirmed by signature of the Buyer, for whom this proposal is prepared. The Schedule of Values, agreed upon by Nerval and the Buyer, will form a part of the subcontract and will supersede any other payment terms set forth by the Buyer, or the Prime Contract.
3.) Installation to be progress billed. All invoices (including for installation) must be cleared prior to receiving any warranty service.
4.) In any case that materials are delivered without payment, Nerval shall retain title to the goods until the invoice is paid in full.
5.) 2% interest per month charged for overdue Invoices.
a.) Buyer is responsible for all collection costs incurred by Nerval including, without limitation to, all legal fees and disbursements on a solicitor and his own client basis, and collection agency fees, etc.
6.) Prices subject to revision following final site measure.
7.) Backordered and in stock products require 50% deposit to be ordered and/or held in stock, and balance of materials to be paid before delivery of goods.
8.) Custom order products require 50% deposit, and balance of materials to be paid before container is released for delivery to the job site.
9.) If payment is not received to authorize the timely release of the container(s) according to the agreed upon Schedule of Values, the Buyer will be billed for any storage or holding charges.
10.) Purchase orders need to be issued and all related documents need to be signed and executed in order to confirm orders for materials.
11.) Buyer agrees to provide off-loading labour and equipment upon delivery of material to site if supply only.
12.) Buyer agrees to provide the following when Nerval is doing installations:
a.) Waste disposal bins for use by Nerval.
b.) A method of hoisting materials to the required floors for multi-level projects including operator of machinery, if required (manlift, order picker, forklift, etc...), to unload container and lift to each level.
c.) Access to a dry, protected and conveniently located area for storage of Nerval products if required.
d.) Only 1 delivery and 1 offload is included per container. Storage fees and extra delivery charges may be incurred due to Owner/GC not being able to receive product when it arrives.
e.) If the Buyer is unable to provide any of the above, the Buyer shall make alternate arrangements prior to Nerval commencing work and Nerval shall not be responsible for any costs related thereto.
13.) Nerval is responsible for cleanup of their work area(s) only.
14.) If sample products are required for mock up rooms, additional charges for production and installation will be billed. If mock up products are not approved, additional charges for removal and reinstallation will be billed.
15.) Expedited work and material may result in extra delivery charges.
16.) Bond Fee if required:
- Annual rates (12 month project duration or less) from the date bond is issued.
- 50% performance & 50% labor 1.85% of the contract value.
- 100% performance & 100% labor 2.4% of the contract value.
- If project duration exceeds 12 months, an additonal prorated bond fee will be billed on a monthly basis.
17.) Extra charges may apply depending on site accessibility and conditions.
18.) Any work additional to or deviating from the contents of this Nerval proposal will be subject to additional billing if applicable, in which case Nerval's change order must be approved, and payment received by Nerval of the amount stated on the change order, prior to the completion of the work outlined in the change order.
19.) Extra charge for site meeting in excess of 1 hour or if attendance at meeting required when Nerval is not scheduled to be on site.
20.) Additional charges may apply for installations of less than 1 floor at a time in multi-level projects
21.) Installation to be done floor by floor. Any request to have installation done on a different floor, without finishing current floor being worked on, may result in additional charges.
22.) Prices subject to changes if plans change due to addendums
23.) Custom made, special order or clearance items cannot be returned.
24.) Custom order delivery schedules may vary due to circumstances beyond our control, for which Nerval will not be liable.
25.) Orders may not be cancelled due to extended delivery time.
26.) Cabinets, Countertops, Case Goods and any other custom made products to be delivered 12-14 weeks after approval of shop drawings & receipt of deposit. Chinese New Year may affect this ETA in Q1.
a.) Chinese New Year can affect this ETA. Shipping contingencies, such as customs inspections, are to be accounted for in the delivery schedule, and Nerval shall not be responsible for any costs related to the same.
27.) Shop drawings for cabinets are made in our Mozaik program. If AutoCad is needed a $75/hr fee will be applied.
28.) Any damage to the supplied products caused by other trades after Nerval product has arrived or installed in the building will not be the responsibility of Nerval.
29.) Out of town travel charge will be billed at $1/km per person
30.) Out town living charges (LOA) are not included in the quote and will be billed.
31.) GST/PST not included in quoted price, unless otherwise stated, and will be billed
32.) Extra charges may apply for installation into concrete or steel walls or flooring.
33.) Prices based on regular working hours (Mon-Fri 8:30am -5:00pm)
34.) Bid Submittal Valid for 90 Days from date of submission.
35.) Freight charges may be extra when ordering supply only products and will be billed.
36.) For Canadian clients, prices are in CAD, unless otherwise stated. For American clients, prices are in USD, unless otherwise stated.
37.) Prices are FOB Nerval China/Vietnam factory unless otherwise noted
38.) Prices are quoted based on current duty rates. Duty rates are subject to change. Actual duty rates at the time of delivery will be billed.
39.) Prices are quoted based on current exchange rates. Exchange rates are subject to change. Actual exchange rates at the time of delivery will be billed.
40.) Shipping rates are estimated only. Actual shipping rates at the time of delivery will be billed.
41.) If fabric is applicable: Fabric quantity requirements are subject to change during production. Actual fabric quantity required will be billed.
42.) Fabric delivery may affect the ETA if fabric is on backorder from the manufacturer/supplier of the fabric, and Nerval will not be responsible for any such delays.
43.) All unshipped items will not be backordered (please re-order).
44.) All claims for shortage must be made within 10 days of receipt of goods. Claims for damage during shipping must be made to the shipping carrier upon receipt of goods.
45.) A $50 service charge will be applied to all NSF checks.
