"Phil Scott" wrote in message
...

"Carolina Breeze HVAC"

Your comments are attempts to justify an utterly bogus contract. You
are doing this by saying correctly that the contractor needs
protection...while ignoring the obvous fact the contractor has deprived
his customer of the customers legitimate rights.

Not impressive.

Phil Scott

Bogus? I bet they paid some lawyers big bucks to write that. Fancy
contracts is a way of life with national companies. Ever read the fine
print on your credit card agreement?

What makes America great is that all you have to do is say "no thanks" and
be on your way.

Below is typical wording of a quotation in my industry. In that industry
for 35 years, I've only ever seen one sentence of this actually used in a
dispute and since it was an industry practice, it was finally accepted by
the buyer.







GENERAL TERMS AND ^CONDITIONS'

1. AGREEMENT. Our entire agreement consists only of the terms and
conditions set forth below or on the front page hereof

and any specifications or other documents specifically referred to
Herein. The terms of this Quotation relating to price/ -

description of goods or services, terms of payment and time and manner
of delivery, shall be superseded by a subsequent

acknowledgement from us to the extent any of such terms therein vary
from those set forth herein,

PRICE AND DELIVERY. Unless otherwise specified herein, all prices are
f.o.b. our plant, no transportation allowed, with

Buyer to pay all charges for special packing and shipping. All quoted
prices will remain in effect for a period of 30 days from

the date of Quotation. If method / routing of shipment is not
specified by Buyer, we shall ship via any reasonable method

and routing. We will have no responsibility for loss or damage
resulting from blocking or staying of goods for transit. Upon

our delivery of goods to a carrier for delivery to Buyer, Buyer shall
be deemed to have received the goods and risk of loss

shall be Buyer's irresponsibility. If in our judgement the ability of
the Buyer to pay when due becomes impaired, we may

withhold shipment (without prejudice to our other rights)

SPECIFICATIONS. Buyer will indemnify and defend us as to any and all
legal proceedings, claims, demands, damages,

costs, expenses and attorney's fees arising from any alleged
infringement of patent or trademark in the manufacture of

goods to the extent that Buyer furnishes specifications, drawings,
notes, instructions, engineering notices or other techni-

cal data to us for us to follow in manufacturing the goods covered
hereby. In addition, any such specifications or other

materials are made a part of our agreement and as to such goods
manufactured, NO WARRANTY OR GUARANTEE AS

TO MERCHANTABILITY OR FITNESS THEREOF FOR ANY PARTICULAR PURPOSE IS
MADE BY US UNLESS THE

SAME IS OTHERWISE SPECIFICALLY STATED BY US IN WRITING.

DELAYS. We will not be liable for loss or damage of any kind resulting
from delay or inability to deliver goods arising

directly or indirectly on account of fire, flood, labor troubles,
accident, acts of civil or military authorities, shortages of labor,

fuel, power, materials, supplies or transportation or from any other
cause beyond our control.

LIABILITY. We warrant that our goods will be free from defects in
materials and workmanship and in compliance with any

specification etc. furnished to us. In the event of defective goods.
Buyers sole and exclusive remedy for any loss it suffers

is to receive, at election, a credit from us, in the amount agreed to
by us, or replacement of the good by us. In no event will

we be liable under our own warranty (or in any action of contract or
tort related to goods sold) for any labor, downtime,

increased expense of operation of any equipment, loss of anticipated
profits or consequential damages of any kind. Claims

for defective goods, or for any other cause, shall be deemed waived
and released by Buyer unless made in writing and

received by us within ten days after Buyer's receipt of the goods. Any
goods as to which no valid claims are made in

pursuant to the foregoing shall be paid for when due regardless of any
other controversies between us relating to other

goods. Buyer agrees to hold us harmless against all claims made by
persons other than the Buyer arising out of our

goods.

SALES & SIMILAR TAXES. No sales, use or similar taxes on the goods are
included in prices specified herein. Such of

these taxes as we are required to pay shall be added to the price and
paid by the Buyer to us.

CHANGE IN SCOPE After an agreement has come into existence, no changes
shall be made except by mutual written

agreement as to the price and nature of change.

CANCELLATION. Upon written notice from Buyer, our agreement may be
cancelled upon concurrent payment of the total

of our cost previously incurred, our then existing commitments, any
costs we incur as the result of cancellation, plus

fifteen percent of such total contract price with us.

STORAGE. At our option, goods may be stored at Buyer's risk and
expense in the event of Buyer's request to defer

manufacture or delivery.

ACCEPTANCE. No agreement shall be binding on us until accepted in
writing by our duly authorized officer at our plant.

ASSIGNMENT No proposal or agreement may be assigned by Buyer without
written consent.

PROPER LAW. All matters concerning a proposal or agreement based
thereon shall be governed by the laws of the state

of manufacture.

WAIVER. A waiver by us of full compliance with these terms and
conditions on any occasion shall in no way constitute a

course of conduct obligating us to waive full compliance on any other
occasion.

MOLDS, DIES OR TOOLING. It is acknowledged that if BUYER is supplying
molds, dies or tooling to us to enable us to

manufacture goods for BUYER, we hold the same at the sole risk and
expense of Buyer and we will not have any liability

whatsoever beyond routine maintenance except to repair or replace the
same in the event of damage thereto caused by

our willful acts or gross negligence. Buyer should obtain any
insurance with respect thereto as Buyer deems proper. We

shall maintain possession of the molds, dies and tooling until Buyer
has paid us all amount due.