A P C Incorporated "Bringing Premium Products & People Together" | |||||
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| A P C Incorporated a d.b.a. of Acoustical Products Company, Inc. Terms & Conditions Last Revised Date - November 6, 2002 1.01 - Bids, Quotes, and/or Proposals: A. Acoustical Products Company, Inc. will not be held liable for any bids, quotes, and/or proposals that are over 30 days from date of issue. All bids, quotes, and/or proposals are subject to price review after 30 days of issue and may be modified or adjusted depending on the current factory pricing and discount structures. B. Acoustical Products Company, Inc. will not be held liable for any bids, quotes, and/or proposals amount should a discrepancy be found in the bid, quote, and /or proposal. Acoustical Products Company, Inc. is in no obligation to accept a contract from any source should the bid, quote, and/or proposal for such contract has any errors or omissions that conflict with each other. C. Acoustical Products Company, Inc. reserves the right to reject any bids, quotes, and/or proposals that we have issued should we find such bid, quote, and/or proposal to be in conflict with the interpretation of the receiving party. D. Acoustical Products Company, Inc. reserved the right to refuse any contractors, owners, and/or subcontractors contract should such contract not be in the best interest of Acoustical Products Company, Inc.. E. Acoustical Products Company, Inc. holds the recipient of our bids, quotes, and/or proposals to verify and correct any omissions, errors, and/or discrepancies in the bid, quote, and/or proposal prior to executing a contract agreement with Acoustical Products Company, Inc. F. Acoustical Products Company, Inc. is not responsible for any errors, omissions, discrepancies that may or may not be in the specifications or plans, any conflicts, discrepancies, omission, or errors between specification and plans are not the responsibility of Acoustical Products Company, Inc. Therefore, Acoustical Products Company, Inc. will not be held liable for such conflicts, discrepancies, omissions, or errors. G. No bids, quotes, and/or proposals issued by Acoustical Products Company, Inc. are to be construed as a binding contract. Acoustical Products Company, Inc. reserves the right to refuse to enter into contract with any party without having to give reason for such action. We reserve the right of first refusal on all of our bids, quotes, and/or proposals. 1.02 - Payments & Deposits: A. Acoustical Products Company, Inc. reserves the right to charge interest at a fair market value for all non paid invoices and or payment requisitions. This right will apply to all retainage held over six month from owners occupancy inspection and acceptance. B. In the event of payments being held because of judgments and or arbitration's with other subcontractors or parties on any given project with no relation to Acoustical Products Company, Inc. scope of work, the contractor will pay Acoustical Products Company, Inc. it's invoices and or application for payments within three month of any delays regardless of owners payments to them. C. Acoustical Products Company, Inc. will require a 25% or 50% deposit on all projects that are not public bids for protection against owner changes, lack of funding, contractor changes, and or contract cancellations. The deposit will cover all estimating, bid preparation, Submittal preparation, labor job site visits, all re-submittals, design consulting, all Project Management job site visits, and all coordination, and consulting time. Deposit will be nonrefundable. D. Acoustical Products Company, Inc. will return all or portions of the 25% or 50% deposit in the event that no submittals or Project Management was done, and or the project was 100% canceled prior to any work being done by the contractor that contracted us. In the event that Acoustical Products Company, Inc. has started submittal and Project Management on any project, we will evaluate our investment of time and Project Management on a project by project bases. If Acoustical Products Company, Inc. determines that our investment of time and Project Management does not justifies the entire deposit, only a portion of such deposit to be returned. Acoustical Products Company, Inc. reserves the right to adjust any and all deposit refund amounts, and will always have the right to retain all deposit as stated in section 1.02 paragraph B. 1.03 - Definition: A. All bids by Acoustical Products Company, Inc. are subject to EJCDC Document 1910-9-D time of refusal or withdraw from bid as indicated in such document to be 35 days after bid. B. All Quotes and Proposals by Acoustical Products Company, Inc. implies an opportunity for more consideration by the owner, A/E, or Contractor (as per CSI's manual of practice FF/050.3. C. All Alternates and/or Voluntary Alternates submitted by Acoustical Products Company, Inc. in definition "A defined portion of the work that is priced separately and thus provides an option for the owner in selecting the final scope of the project. The alternate can simply be a choice between two products or can be the addition or deletion of a portion of the work" (as per CSI's manual of practice FF/140.1). The word Alternate and/or Voluntary Alternate in any document submitted by Acoustical Products Company, Inc. refers to a change in the product, style, and/or series as specified and/or shown on specifications and/or plans. D. All Alternates and/or Voluntary Alternate submitted by Acoustical Products Company, Inc. will still be in strict accordance with plans and specifications. Only the product type and features will differ. End of Document. | |||||
