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HomeMy WebLinkAboutWQCS00129_Email response to NOV-2024-DV-0076_20240215TE CARVA MACHINERY COMPANY Order Confirmation Order Number: T188938 Order Date: 01/22/2024 Sales Engineer: SAM EDWARDS Customer Number: 110862 Confirmation Date: 01/22/2024 Phone: (0) 336-665-0250 PO Number: 10941 Order Contact: DONNA HAIRE sedwards@tencarva.com Branch: NC GREENSBORO Customer Address: TOWN OF MOUNT OLIVE ATTN ACCOUNTS PAYABLE PO BOX 939 MOUNT OLIVE NC 28365-0939 Delivery Address: TOWN OF MOUNT OLIVE 408 WILKINS FARM ROAD MOUNT OLIVE NC 28365 Terms of Payment: Net 30 Terms of Delivery: FOB SHIPPING POINT PREPAID & ALLOW Contact Name: GLENN HOLLAND Ship Via: BEST WAY FREIGHT ALLOWED Customer Phone: 919-252-9025 Delivery Terms Customer Email: GHOLLAND@TOWNOF Location: MOUNTOLIVENC.COM Label Note: Pos Part No / Description Planned Del Date QTY I UOM Price Net Amount 1 T8A3S-B /F PUMP 81N SUPER-T W/SPOOLS 2 44163-291 ROTATING-ASSY T8A3S-B GREENSBORO ADDRESS: TENCARVA MACHINERY COMPANY 1115 PLEASANT RIDGE RD GREENSBORO, NC 27409 PHONE (336)665-0250 FAX (336)665-0303 CREDIT@TENCARVA.COM 02/06/2024 1 EA 15,842.00 01 /24/2024 1 EA 7,166.65 Sub Total: 15,842.00 7,166.65 23,008.65 Total Tax: 1,553.09 Gross Total: 24,561.74 REMIT TO BY MAIL/ONLINE: REMIT BY ACH: TENCARVA MACHINERY RECEIVING BANK: BANK OF AMERICA, N.A. PO BOX 409897 ABA/ROUTING #: 053000196 ATLANTA, GA 30384 ACCOUNT #: 000021-208-186 WWW.TENCARVA.COM EMAIL FOR REMITTANCE: PAYMENTS@TENCARVA.COM Page 1 (2) TE CARVA MACHINERY COMPANY Order Confirmation Order Number: T188938 Order Date: 01/22/2024 Sales Engineer: SAM EDWARDS Customer Number: 110862 Confirmation Date: 01/22/2024 Phone: (0) 336-665-0250 PO Number: 10941 Order Contact: DONNA HAIRE sedwards@tencarva.com Branch: NC GREENSBORO Terms and Conditions Tencarva Machinery Company ("Tencarva") agrees to contract with Buyer for the sale of the equipment described herein (the "Products") and services to be performed by Tencarva in connection with the Products (the "Services") only if Buyer's acceptance of Tencarva's offer to sell contains all of the terms set forth herein. Tencarva hereby objects to any additional terms. Any confirmatory action by the Buyer or acceptance of the Products or Services shall constitute assent to these terms and any additional terms set forth therein shall not be effective or binding. 1. The Services are warranted to be performed in a workmanlike manner. The determination of compliance with this warranty will be based on testing under controlled conditions with calibrated instruments in accordance with the standards of the Hydraulic Institute or other nationally recognized accreditation standards. If any nonconformity with this warranty appears within 45 days after the Services are performed, the exclusive obligation of Tencarva shall be to re -perform the nonconforming Services in a conforming manner. Such a correction of nonconformities shall be Buyer's exclusive remedy with respect to the Services delivered or performed by Tencarva. Tencarva's liability on any claim shall in no case exceed the purchase price allocable to the Services which gives rise to the claim. 2. To the extent assignable, Tencarva shall assign to Buyer, without recourse to Tencarva, all warranties of the manufacturer of the Products made with respect to the Products. Tencarva makes NO IMPLIED WARRANTIES OF ANY TYPE, WHETHER OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE with respect to the Products or Services, and no warranties or guaranties, express or implied, are made by Tencarva except as specifically provided herein. 3. IN NO EVENT SHALL TENCARVA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND ATTORNEY'S FEES, WITH RESPECT TO THE PRODUCTS OR SERVICES OR OTHERWISE. Tencarva shall have no liability with respect to any installation adjustments, repairs or other work done upon or in connection with the Products by Buyer or others. Any cause of action against Tencarva arising out of or relating to the Products or the Services shall expire unless brought within one year of time of accrual thereof. 4. Once placed, orders for the Products or Services by Buyer may be canceled only with Tencarva's approval upon payment by Buyer for work performed and/or expenses incurred by Tencarva to the date of cancellation. Buyer shall pay Tencarva for interest on any amount not paid when due at a rate of one and one half percent (1 1/2%) per month, or the maximum rate permitted by law, whichever is less, together with all costs of collection. All prices for Products and Services are exclusive of all taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by Buyer. 5. To the extent that Products or any portion thereof are supplied according to Buyer's design or instructions, are modified by Buyer, are combined by Buyer with equipment or things not furnished hereunder, or are used by Buyer to perform a process or produce a product, and by reason of said design, instructions, modification, combination, performance or production, a suit or proceeding is brought against Tencarva, Buyer shall defend, indemnify, release and hold harmless Tencarva, its directors, officers, employees, agents, representatives, successors and assigns against any and all liability, suits, actions, or proceedings, at law or in equity, and from any and all claims, demands, losses, judgments, penalties, damages, costs and expenses arising therefrom and in connection therewith, including, without limitation, patent infringement claims. 6. Buyer shall supply to Tencarva, in a timely fashion, all required technical information, including drawing approval and all required documentation. Tencarva shall not be liable for loss, damage, delay, and/or late delivery due to causes beyond its reasonable control, including, without limitation, late delivery by the manufacturer of the Products, fire, strike or concerted action of workmen, act or omission of any governmental authority, or delays in transportation. In the event of delay due to any such cause, the date of delivery will be postponed by such length of time as may be reasonably necessary to compensate for the delay.