Purchase Order Conditions
- The quantity of material ordered must not be exceeded without our permission first being obtained.
- All materials furnished must be the best of their respective kinds and will be subject to our inspection and approval at any time within thirty days after receipt; if rejected, they will be held for disposition at your risk and expense, and any payment on account therefore will be promptly refunded by you.
- All materials must be forwarded as specified, otherwise the difference in transportation rates and any extra cost of cartage will be charged to your account.
- We will not be responsible for any material delivered without an order. Our order number must appear on all invoices, shipping papers, bills of lading, packages, containers, packing lists and correspondence pertaining to this order. Papers without our purchase order number will be returned to you. Do not write in regard to more than one purchase order number in one letter.
- Render bill within 24 hours after shipment and bill of lading at same time if possible. All goods are held subject to your order until we receive an invoice. Deliver no invoice to employees; send same by mail. Send separate invoice for each purchase order. When you have once invoiced us for an item, please do not include on any succeeding invoices as it leads to confusion and delays and prompt passing of invoice.
- Carrier’s bill of lading, showing proper classification, full routing, car number, number of car seals, purchase order number, weights, and rates must be sent as soon as shipment is made and at same time that invoice is sent if possible. All express receipts must have value inserted.
- Packing slips, itemizing contents of each shipment, must accompany same.
- All materials must be packed securely. Breakage or damage will be charged to shipper.
- By accepting this order, you hereby warrant the merchandise to be furnished as being in full conformity with specifications, drawing or sample, and agree that this warranty shall survive acceptance of the merchandise, also that order is accepted on price and terms stated. By accepting this order, you hereby guarantee and agree that the merchandise to be furnished hereunder will not infringe any valid patent or trademark, and that you will, at your own expense, defend any and all actions or suits charging such infringements and will save us, our customers and those for whom we may act as agents in purchase of said merchandise, harmless in case of such infringement.
- By accepting this order, you hereby warrant that the goods or services supplied on this purchase order have been manufactured or performed in compliance with sections 6, 7, and 12(A) of the Fair Labor Standards Act of 1938 as amended in 1949.
- This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex or national origin. Moreover, these regulations require that convered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
- All material on this order must comply with all applicable provisions of federal standards under public law 91-596, the Williams-Steiger Occupational Safety and Health Act of 1970, and Public Law 91-54, Construction Safety Act of 1969.
- A charge amounting to actual cost covering the handling of defective goods shipped against this order will be made when such defective goods are returned. The shipper must pay transportation charges both ways on rejected material, both for specification material and wrong or defective material.
- Delivery must actually be effected within the time stated on the purchase order (unless other deliveries are substituted by us), failing which we reserve to ourselves the right to purchase elsewhere and charge you with any loss incurred as a result thereof, or, at our own option, to cancel the order. We also reserve the right to cancel all or any portion of this order due to any acts or demands of U.S. Government, or to fires, strikes or other causes beyond our control.
- No charge for packing or boxing allowed.
- Labeling and MSDS required prior to delivery, per OSHA. Send MSDS and revisions to manager of safety and health.
- Please acknowledge receipt of this order at once and unless otherwise stated we assume order will be executed as specified.
- Unless otherwise specified, any increase in the quantities called for in this purchase order not exceeding 5% of such quantities or, even if exceeding 5%, not exceeding $25.00 in amount, will be accepted as compliance with this purchase order when caused by conditions of loading, shipping, packing, or allowance in manufacturing processes and payment shall be adjusted accordingly.
Additional Terms and Conditions to Erection Contract
The agreements contained in this “Rider “A” Additional Terms and Conditions to Erection Contract” are incorporated by this reference into and specifically made a part of the Purchase Order, Erection Order, and/or Erection Contract to which it is attached (herinafter collectively referred to as the “Contract”). The use of the masculine gender in this Contract includes the feminine gender. The terms of this Rider A control any conflict with the purchase order. The term “Company shall mean Lyon LLC or any of its subsidiaries, divisions, companies or managing agents. The term “Contractor” shall mean the company signing this Rider A and/or the company performing the work, its employees, agents, subcontractor, or assigns.
- The Company agrees to pay Contractor the sum indicated for the diligent and complete performance of all work specified in this Contract. The Company reserves the right to retain a percentage of the total Contract amount equal to any retainage percentage set forth in Company’s agreement with the Customer or as is the customary practice in the geographic area of the Installation, whichever is greater, which retainage shall be paid to Contractor upon final acceptance by Customer of all completed work required of Contractor under the Contractor.Payments shall be made on a progress basis after submission of invoices by Contractor for work as completed, verification by Company of completion date, and approval by Company of such work. A payment of final balance due less any retainage will be made to Contractor upon completion of all work required of Contractor under the Contract, subject to receipt of final invoices from Contractor and verification and approval of work by Company. Any retainage will be paid upon final acceptance of Contractor’s work by Customer. All invoices to be submitted by Contractor shall be in duplicate with a complete description of the work to which the Invoice related and a percentage to be stated in the terms of the extent of completion to date.
- The Contractor agrees as follows:
- To check received shipments against bill of lading and packaging lists and report to Company or its designated representative any shortages or damages of material.
- It shall conform faithfully to the instructions and specifications furnished by Company in the Contract and to conform and be bound by any contract documents between Company and Customer or between Company and any other contractor, to the extent applicable, and to assume all of the obligations and responsibilities of Company relating to the completion of the construction and installation of in the Contract.
- To obey all state and federal law, and/or rules and regulations of all public authorities and/or agents or agencies in its performance of this Contract.
- Contractor agrees to pay all taxes of every description, federal, state and municipal assessed by reason of the installation and/or erection of the goods to be erected or installed.
- To warrant all work performed against defects in material or workmanship for a period of one year from date of completion of work.
- That no mechanics liens or claims shall be filed or maintained by it or any subcontractors employed by it against any property of Company of Customer.
- Contractor shall not assign its right and duties under this agreement.
- It is agreed that in case of violation by Contractor or any of its agents, subcontractors and/or employees, of any provision contained in this Contract then Company, in its sole discretion, shall have the right to declare this Contract null and void and replace Contractor immediately.
- In the event proceedings in bankruptcy or for an assignment by creditors, under either federal or state law, are commenced against either of the parties, or either is adjudicated a bankrupt or a receiver of either is appointed and/or qualifies, then either party may terminate this agreement and all further rights and obligations under the agreement by giving 5 days advance notice in writing to the other.
- Company reserves the right, in its sole discretion, to cancel this Contract, at any time in the event of default or violation by Contractor, its agents, subcontractors, or employees of any provision of this Contract, or in the event, in the sole opinion of the Company that the credit of the Contractor is or shall become impaired.
- That Company has the right to deduct from the Contract amount such monies as necessary to replace Contractor pursuant to the foregoing provision of this Contract to insure timely and workmanlike completion of this Contract.
- To save and indemnify and keep harmless Company, against all liability, claims, judgments or demands arising from accidents or injuries to persons or property, whether occasioned by said Contractor or his agents or employees, provided such accidents or injuries occur in connection with contractor’s work or occur as result of action or failure to act by Contractors, his agent or employees, in connection with other work undertaken by Contract and Contractor will defend and save Company harmless from and against any and all suits which may be brought against Company on account of any such accidents or injuries and will make good to and reimburse Company for any expenditures, including reasonable attorney’s fees, that Company may incur by reason of such accident.
- To promptly furnish payroll reports, waivers of lien or rebate and discount statements as requested by the Company.
- To make no claim for additional compensation, for work done that is not covered by this Contract unless such work and additional compensation is authorized prior to performance in writing, by the Company.
- To pay for any damage done to company’s material or to the property of others, within the limits of insurance required by this Contract.
- To provide proof of insurance as outlined per Lyon, LLC subcontractor insurance requirements.
- That Company may at any time terminate this contract at any time for any reason by notifying the Contractor of its intent to do so 48 hours in advance.
- That Contractors will comply with all other provisions of the said laws, rules, regulations and will maintain records required in compliance therewith. Indemnify the Company from payment of any and all taxes and contributions due and payable on the wages of the employees of the Contractor, or the payment of penalties for the failure of the contractor to pay said contributions and taxes when due.
- It is mutually understood and agreed this Contract shall be governed by the laws of the State of Illinois and is entered into at Montgomery, Illinois including, but not limited to, interpretation and performance. Any and all litigation relating to this Contract shall be instituted and maintained exclusively in the 16th Judicial Circuit, Kane County, Illinois. Each party waives the right to change of venue.
- If the Company institutes any proceeding related to the Contract Rider A for the recovery of money due or interpretation or breach of any of the Contract’s provisions, the Contractor agrees to pay all costs in connection with such litigation including reasonable attorney’s fees regardless of whether the litigation proceeds to judgment.
- The Contractor will have 2 hours from delivery to unload trailer. Any time beyond 2 hours that results in demurrage charges from the carrier will be charged to the Contractor.
Requirements for Installers
- Obtain contract information of your Lyon representative and on-site project manager.
- Perform project walk through, with Lyon representative prior to product delivery.
- Coordinate with the General Contractor and or Owner; delivery of material, including areas of delivery, staging, and assembly. Evaluate any onsite access issues, such as use of elevators, stairways, doorways or window opens. Coordinate work schedule to coincide with other trades. Unless stipulated in your contract, use of equipment provide by General Contractor, Owner or other trades is prohibited.
- At time of delivery, inspect products for damage and or shortages. Note damage and or shortage on the delivery receipt and report to your Lyon representative.
- Inspect bases, soffits, walls, floors and furring to ensure they are uniform, level, plumb, correct dimensions and structurally sound to support furnished materials and accessories. If inferior conditions exist, do not install product and contact Lyon representative immediately.
- Confirm that jobsite conditions conform to Lyon installation drawings provided with contract.
- Protect all work performed by other trades.
- Obey all on-site safety policy and procedures.
- On a daily basis, broom clean work area and dispose of trash in appropriate location prior to leaving site.
- During assembly and installation, inspect product for form, fit and finish quality. If product is substandard, stop assembly and or installation and contact your Lyon Representative immediately.
Failure to adhere to these requirements will result in the cost of any remedial expenses being deducted from contract.