Town CrierWest Orange, New Jersey
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Supporting Documentation · Apr 26, 2022

126-22 Exhibit.pdf

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cal attack, carrosion, erosion, deterioration due to unusval wear and tear, any damage related fo the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or fallures or any other cause beyond Casrler’s control, Cartier shall not be requirad to perform tests, install any itams of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority, However, in the event any such recommendations occur, Carter, at its oplion, may submit 2 proposal for Customer's consideration in additien to this Agreement Carrier shail not 9 required lo repair or replace equipment thet has not baen properly maintainod 12, EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) — Upon the Inial scheduled operating anc/or initial annual stop inspection, should Carrier determine the nead for repairs er replacament, Carriar wil provide Customer in writing an ‘equioment condition’ report including recommendations for corrections and the price for repairs in addition to this Agrocment. in ine event Carer recommends certain services (that are not included herein or upon initial ingpection) and |f Customer coes nat elect to have such servicas property performad In a timely fashion, Carrier shall not be responsible for any equipment or contrat failures, operability or any long-term damage that may result, Carrier at ts ootion wil elther continue to maintain equipment and/or controls to the best of its abilty, without any raspansibilly, or remove such equipment from this Agreement, adjusting the price accordingly. 13. PROPRIETARY RIGHTS {Sarvice Contracts only)- During the term of this Agreement and in combination with certain sorvicas, Carrier may elect to install, attach to Customer equipment, or provide portable davices (hardware andlor software) that shall remain the personel proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any intorost, title or equity ia any hardware, so‘tware, processes, and other intellectual or proprietary rights fo devices that ara used in connection with provicing service on Customer equiomont. 44, LIMITATION OF LIABILITY- Under no circumstances shall Cerrier be llable for any Incidental, spacial or consequential damages,

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t ara used in connection with provicing service on Customer equiomont. 44, LIMITATION OF LIABILITY- Under no circumstances shall Cerrier be llable for any Incidental, spacial or consequential damages, Including loss of revenue, loss of use of equipment or facilis, or economic damages based on strict lablity or negligence. Carriar shall be liable for damago to property, other than equipment piovided under this Agreement, and to persons, to the extent that Carrier's nogigenl acts or omissions dlrectly contributed to such injury or property damage. Carrier's maximum liability for any reason (except for personal injuries) shell consist o7 tho refunding of all moneys pald by Customer to Carer under this Agreemont. 415, CANCELLATION- Customer may cancel this Agreement only with Carrier's prior writlen consent, and upon payment of raasonable cancellation charges. Such charges shail lake inte account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation Including a reasonable profit, 46. CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to cure such non-performance within 30 days afer having been given prior written notice of the non-performance. Upon early termination or expiration of this Agreement, Cartier shall have free access to enter Customer locations to disconnect and remove any Cartiar personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal properly. Additionally, Customer agrees to pay Cartier for all incurred but unamortized service costs performed by Carriar including ovarhoads and a reasonable profit. 17, CARRIER TERMINATION - Camier reserves the right to discontinue its sorvica any time payments have not been made es agreed or if alterations, additions or repairs are made to equlomant during the term of this Agreoment oy others without prior agracment between Customer and Carrer. 48. CLAIMS- Any suits arising ‘tom the performance or nenperformance of this Agreement, whether besed upon contract, negligence, and strict lability or otherwise, shall be brought within one (1) year from the date the alaim arose. 19, GOVERNMENT PROCUREMENTS- The comporants, equipment and services provided by Carrier are "commercial

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rict lability or otherwise, shall be brought within one (1) year from the date the alaim arose. 19, GOVERNMENT PROCUREMENTS- The comporants, equipment and services provided by Carrier are "commercial items! as defined In Seotion 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices ef such components, equipment and services are based on Carrier's commercial pricing policies and practicos (which do not consider any special requirements of U.S, Governmant cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrler will nol agree to provide Page 3 of 4

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or certify cost or pricing data, nor will Carrier agroe to comply with the Cost Accounting Standards (CAS). In addition, no federal government procuremant regulations, such es FARs or DFARs, shall apply to this Agraament except those regulations expressly accepted in writing by Carrer. 20, HAZARDOUS MATERIALS- Carrier is not responsible for the Identificetion, detection, abatement, encapsulating or removal of asbestos, products or materials, containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria” If Carter encounters any asbestos or other hezardous material while performing this Agreament, Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with It are ! abated. Tho time for Carriar’s porfannance shall be extended accordingly, and Carer shall be compensated (or the dolay. 21. WASTE DISPOSAL - Customer Is wholly responaible for tha romovel and proper disposal of waste all, refgorant and any other material ganorated during the term of this Agreement. 22. SUPERSEDURE, ASSIGNMENT and MODIFICATION: This Agreement contains the complete and exclusive statement of the agreement between the partios ‘and supersedes ell pravious er contemporaneous, oral or written, statements, Customer may assign this Agrsement only with Carrier's prior written consent. No modification to this Agreement shall be binding unloss in writing and signed by both parties. 23. CUSTOMER CONSENT - Customer consents and agroos that Carrlar may, from time to time, publickze Carrior related projects with Customer, Including the Value of such projects, in all forms and media for advertising, trade, and any other lawful purposes, 24, FOR WORK BEING PERFORMEND IN CALIFORNIA: Contractors are required by law to be licensed and regulated by the Contractors’ State Licenise Board which has jurisdiction to investigate complaints against contractors Ifa complaint regarding a patent act or omiscion is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to slructural defects must be filed within 10 years of the date of the alloged violation. Any questions concerning a contractor i 7 i Page 4 of 4

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Address 100 Delawanna Ay. Ctiflon Phone 862-349-6486 Fax E-mail mohamed.abdelrahman@catrier.com Contact Name —_Lou Reynolds Account Rock Spring Golf Course Phone (973) 725-8774 Site Address 90 Rock Spring Road West Orange Estimate Date 08/13/2021 NJ 07052-4210 United States Quote Number 00617516 Job Description Golf Shop Split System Installation and instailation of 24000 Btuh High Wall indoor Unit (208/230V) - Qty 1 » Supply and installation of 24000 Biuh Cassette Ductless indoor Unit - Qty 1 - Supply and installation of 24000 Btuh Heat Pump Condenser (208/230V) - Qty 2 ~ Connect electric wiring and drain as required - Furnish and install Large Display Thermostat - VIVE" - TP-N-701 - Removal of existing outdoor unit quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted. In addition, the quoted price does not include any sales, excise, or similar taxes, any that apply will be added at cost. Straight time installation only. Crane will sit in the parking {ot adjacent to the building, Please clear the parking lot for the day to allow for installation of the unit, This proposal was priced using Carrier Sourcewell Contract 030817-CAR. Quote 400617516 i

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This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like fo thank you for the continuing opportunity to be of service. Sincerely, Mohamed Abdelrahman Carrier Commercial Service Title : Customer Acceptance (signature) Date Purchase Order f The attached Terms & Conditions shall govern. | | | Quote #00617516 2

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CARRIER CORPORATION TERMS AND CONDITIONS OF SALE - EQUIPMENT AND/OR SERVICE 1, PAYMENT AND TAXES ~ Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Customer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term, In addition to the price, Customer shal! pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law. 2, EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier's prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement. 3. RETURNS - No items will be accepted for return without prior written authorization, Returned goods may be subject to.a restocking charge. Special order and non-stock items cannot be returned. 4, SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment daies quoted are approximate, Carrier does not guarantee a particular date for shipment or delivery. 5, PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such paztial shipment. 6, DELAYS - Catrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control an¢ without the fauit or negligence of Carrier, including but not restricted to acts of God, acts of a public cnemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficultics (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by

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s (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment. 7. WARRANTY - Catrier warrants that all equipment manufactured ‘oy Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B, point of sale, any equipment, patt or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is eatlier. Cartier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Cartier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service. Carrier's obligation to repair ot replace any defective equipment, parts or components during the warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or ‘Terms and Conditions of Sale — Equipment and/or Service 031521 refrigerant loss, or for repairs or replacement of such equipment, parts ‘or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY JS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. FOR A_ PARTICULAR PURPOSE. 8 WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier's normal working hours unless otherwise agreed. 9. CUSTOMER

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WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier's normal working hours unless otherwise agreed. 9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall: * Provide safe and reasonable equipment access and a safe work environment, « Permit access to Customer’s site, and use of building services including but not limited to: water, clevators, receiving dock facilities, electrical service and local telephone service. « Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service. * Promptly notify Carrier of any unusual operating conditions. © — Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service, * — Provide adequate water treatment. * Provide the daily routine equipment operation (if not part of this Agreement) including avaiiability of routine equipment log readings. « Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. * Operate the equipment properly and in accordance with instructions. © Promptly address any issues that arise related to mold, fungi, mildew or bacteria, » Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 10, EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance,

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ments, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freczing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due fo unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or Carrier Corporation 3

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