1. Unless stated otherwise our estimates are valid only if an order is offered by the Buyer and accepted by Avanti within 30 days from the date of tender of the offer, after which time the offer will automatically become null and void and of no further effect. All accepted orders are subject to these terms and conditions and where there is an inconsistency between these terms and conditions and any conditions which the buyer seeks to impose, these terms and conditions shall prevail.
  2. Buyers act of issuing and forwarding a deposit check to Avanti is equivalent to entry into a binding Contract with Avanti and all such deposit checks are non-refundable. In the event any such checks are returned or dishonored, Buyer shall be in default of the Contract and Avanti will be entitled to seek all applicable legal remedies against the Buyer. All orders must be covered by a written order issued by a competent authority and all deposit checks must be received, deposited and cleared before any work will be put in hand.
  3. All orders are accepted subject to the satisfactory trade references or credit ratings in relation to the Buyers. If such trade references or credit ratings shall not, in the opinion of the Sellers, be satisfactory, the Sellers shall have the absolute and unconditional right to cancel the order by notice in writing sent to the Buyer given within 28 days after the acceptance of the order.
  4. All orders and contracts are accepted on the understanding that the Sellers are not to be held responsible for any delays or loss arising from any cause which is beyond their control. Such causes shall include but not be limited to: Natural disasters, labor strikes, Buyer’s lack of cooperation, unavailability of materials and other related factors.
  5. Variations shall not violate contract. Verbal instruction involving a variation and contained in writing by the Sellers shall be deemed to be the Buyers written instructions if not declined by the Buyer in writing within (7) seven days from the said instruction.
  6. In the event of Termination of a Contract prior to its completion, the Seller shall be entitled to receive payment for the value of the work done prior to the termination and shall be entitled to reimbursement of all consequential damages, loss of profits, reasonable attorney’s fees of 25% of the total recovered and expenditures to which the parties were committed as a result of the Contract along with the cost of removal from the site.
  7. Unless otherwise stated, all prices quoted are net. Accounts are due for payment no later than 30 days from the date of invoice. Time for payment shall be of the essence.
  8. The Seller reserves the right to make applications for interim payments against the value of materials of work executed, and such payments shall be made within 14 days from the date of application.
  9. The Sellers reserve the right to charge interest at 2% per month above the Barclay’s rate or at the maximum rate provided under New York law, whichever is greater on any account not paid within 30 days from the date of the applicable invoice. Such interest shall be calculated from the last day of payment permissible within our terms.
  10. Where the prices given in this estimate are subject to other terms of payment and discount they will be as stated retention monies, if any, must not exceed the percent given in the principal contract and must be notified immediately when due. Any account retention or other monies overdue for payment will be subject to interest at 2% per month above the current bank rate. All retention monies shall be set aside as a separate fund and shall be paid into a separate account designated specifically for the holding of retention monies and the Buyer shall confirm in writing within 3 days of the retention being made that the retention monies have been so set aside.
  11. This estimate is made on the assumption that the Buyers have taken all necessary steps to ensure that the work which this estimate and specs refer to is acceptable to the local authorities and complies with their regulations and bylaws; particularly those relating to escape in case of fire, ventilation or lighting, etc. In the event that any order is accepted and executed the Buyer warrants that all works and specs are acceptable to the appropriate local authorities and comply with their regulations and bylaws as aforesaid and the Buyers further agrees to indemnify the Seller against all damages, penalties, costs and expenses which the Seller incurs as a result of such work and specs not being so acceptable. Buyer agrees to be bound by their Local and State Building and Licensing Regulations or to those in which the build-out is taking place; and, Buyer further agrees to indemnify Seller against all damages incurred as a result of Buyer’s failure to comply with this provision.
  12. Unless specified to the contrary, no provisions have been made in this estimate for purchase tax, value added tax, import duties, fees by District surveyors of local authorities, or for any other charges levied by or under the authority of the government, and this estimate is subject to the payment of the buyer for any such tax monies, fees and/or charges.
  13. Unless stated otherwise all estimates are based upon the cost of labor prices, of materials and transportation current at the date of this estimate and may be subject to any fluctuations between the date hereof and the date of completion of the work. Buyer agrees to compensate Seller for all added costs incurred between the date of the contract and the date of final performance.
  14. All estimates are based upon the quantities, specifications, and/or design as stated herein and the sellers reserve the right to revise prices in the event of the quantities, specs, and/or design being altered. Any such alterations are not necessarily to be taken as of our base rates.
  15. All work to be the subject of re-measurement upon completion.
  16. All drawings submitted by the Seller in connection with this estimate remain their property and must be regarded as confidential and not disclosed by the Buyer to any third parties that are not a party to this contract.
  17. The Sellers cannot accept any form of “costing” change.
  18. The Seller does not accept responsibility for any damages, shortage or loss, in transit unless caused solely by the Seller and unless the Seller is notified of either the damages, shortages or loss in writing both to the Seller and to the carriers within 3 days of receipt of goods and the goods have been signed for as “damaged” or “not examined” and have been handled by the Buyers in accordance with the carriers conditions of use. For delivery in case of total loss is notified to Seller and to the carriers within 10 days of the due date of delivery.
  19. Any stated delivery time shall commence from final settlement of details and approval of final drawings and not from the date of order or contract.
  20. If there are circumstances beyond the Seller’s control, and delivery of materials cannot be accepted at the contracted time, storage costs will be charged to Buyer. If materials have to be brought back to the Seller, handling and transportation costs will be charged as extras.
  21. All delivery dates are quoted in good faith, but are approximates only and shall not be the essence of the contract. The Seller shall not be liable for any loss or damage whatsoever arising from late delivery of goods.
  22. No claim for free replacement or otherwise will be accepted in respect of any items found to be defective thru faults of design or construction if specified or supplied by the Buyers.
  23. Materials supplied and delivered for erection by others shall be checked by the Buyers against the Seller’s specification before erection and any items found to be incorrect or defective shall be notified to the Sellers for replacement before erection as the Sellers did not accept charges for any cost incurred in dismantling incorrect or defective items and find replacement ones.
  24. The Sellers cannot be held responsible for any defects or damages to their work caused by dampness, excessive temperatures, movement of building, chemical action or by any causes over which they have no control.
  25. All goods (excluding glass deposited on Buyers premises) whether for subsequent erection or not are at the Buyers risk.
  26. Unless specifically stated in the estimate, the Sellers have made no provisions for any expenditure in connection with obtaining licenses for the use of power, gas, water or other services on site and any such expenditure will be charged as extra.
  27. Where electrical work is to be contained in the partitioning the Buyer or their agents are responsible at Buyer’s expense for ensuring that the circuit will be in accordance with local and statutory requirements.
  28. In those cases where the floors, walls and/or ceilings require special treatment the Sellers are to be advised in writing of this at time of receiving the inquiry. Failure to comply with this condition will cause Seller’s quotation to be null and void.
  29. While every care will be taken in the manufacture and erection of partition, where db sound reduction values are quoted they are based upon results observed under laboratory test conditions and such db values refer only to said partitions i.e. unglazed products without doors. Unless otherwise stated this estimate does not include for any purpose treatment.
  30. The Buyer shall indemnify the Seller against all damages, penalties or other expenses arising out of any patent or registered design for any claim for such involved in work carried out in accordance with the Buyer’s specs.
  31. The carrying out of day work and overtime by the Seller and the charging of time lost in waiting for any reasons beyond their control will be on the understanding that the Sellers are specialist contractors or subcontractors and that payment will be made in accordance with the Seller’s specialist rates.
  32. Estimates are based on continuity of work in a logical sequence on a clear and level site and to our agreed program during the hours we require to work and our estimate is based upon the assumption that the site working hours will not restrict us in any way.
  33. Unless otherwise stated this estimate does not include costs and charges for:
    • Unloading and placing of materials in dry storage and under protection from the weather in the place where the work is to be done. This shall be carried out by the Main Contractor or Buyer free of charge to the Seller. The Seller will however, carry out the work at the Seller’s “specialist day work rates” if instructed to do so at time of order.
    • The removal from site of rubbish and debris resulting from our work, should this service be required we shall be pleased to provide our additional price upon request.
    • The provision of electric light and power from less than 5 amps to be supplied to the Sellers and it shall be in accordance with the local and statutory requirements.
    • The provision of scaffolding.
    • The provision of adequate site heating during adverse weather conditions.
  34. Due care will be taken to avoid damage to flooring and floor covering including carpets where applicable, fixtures, hinges, walls, and/or ceilings. The Seller cannot be held responsible for any damage or markings which may have been caused by the Seller’s employees or agents during the execution of work unless the Buyers have previously provided adequate protection against such damage.
  35. The Seller shall not be liable for any delay in completing the work as a result of obstruction on the site or any uneven issuer due to variations in surface of ceiling, floor, and/or walls. Any additional cost caused by subcontractors or variations will be charged to Buyer as an extra.
  36. It is a condition of this estimate that buildings to receive a partition and/or ceiling installment must simulate as near as possible the conditions which will prevail after occupation. All external guidelines and doors etc. must be installed and all internal finishes i.e. plastering, screening, flooring etc. must be completed and thoroughly dried out before the installation of the partitions and/or ceiling is commenced.
  37. Each party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the County of Westchester, State of New York having subject matter jurisdiction over the matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the County of Westchester, State of New York. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.