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<br />SUPPLEMENTAL SALE TERMS AND CONDITIONS
<br />1. AGREEMENT. These Supplemental Sale Terms and Conditions are incorporated by reference into the Sale Quotation and Agreement (defined as
<br />the “Agreement”) between Seller and Buyer (as identified in the Sale Agreement). All capitalized words used and not otherwise defined in these
<br />Supplemental Sale Terms and Conditions shall have the same meanings and definitions as those used in the Agreement. As used herein, “this Agreement”
<br />shall mean, collectively, the Sale Agreement, the Sale Terms and Conditions, and these Supplemental Sale Terms and Conditions.
<br />2. MODULAR BUILDINGS AND COMPONENTS. Buyer understands and agrees that: (a) the Equipment is only intended to be used for nonresidential
<br />purposes, such as office space, light storage or classroom facilities; (b) the Equipment is not pre-wired for features such as telephones, data lines, fire
<br />alarms, intercoms, lightning suppression, or other similar systems, and it is the responsibility of Buyer to wire the Equipme nt for these items or systems to
<br />meet Buyer’s needs and preferences in accordance with all applicable laws; (c) Buyer is solely responsib le for any utility or other connections to the
<br />Equipment; (d) in the event that the Equipment includes cabinetry/casework, such cabinetry/casework may be fabricated with particleboard, which is known
<br />to emit certain levels of formaldehyde. Buyer is hereby advised that lower emission and formaldehyde-free options are available for an additional cost.
<br />Seller shall have no liability for the effects of the emittance of certain levels of formaldehyde in connection with the Equi pment.
<br />3. SPECIAL WAGE REQUIREMENTS. Unless otherwise specified in this Agreement, prices do not include union labor, prevailing wages and fringe
<br />benefits under the Davis-Bacon Act, overtime provisions of the Contract Work Hours and Safety Standards Act, prevailing wages and fringe benefits under
<br />the McNamara-O'Hara Service Contract Act, or other special or certified wages or fringe benefits required in addition to those wages gener ally required
<br />under the Fair Labor Standards Act and applicable state and local law. It is the sole responsibility of Buyer to notify Seller, in writing, at least five (5)
<br />business days prior to execution of this Agreement, to the extent that any special or certified wage or fringe benefit requirements are applicable to Buyer’s
<br />project so that they may be included in this Agreement. If Buyer does not do so, and such special or certified wage or fringe benefit requirements are
<br />required, additional charges will apply. If requested by Buyer in writing, Seller will provide payroll and other related documents to the extent that Seller is
<br />allowed by applicable law or regulation to share such documentation with Buyer. Unless explicitly agreed upon in writing by S eller, Seller does not hereby
<br />agree to participate in any project-specific reporting requirements, including but not limited to special reporting systems, software, or online portals, and, if
<br />agreed to, such participation by Seller may be subject to additional fees payable by Buyer.
<br />4. DELIVERY OF EQUIPMENT. Buyer shall exercise due diligence and care in selecting a suitable Site for the Equipment and agrees that Buyer is
<br />solely responsible for: (a) providing Seller with free and clear access to the Site for (i) delivery and placement of the Equipment by truck using industry-
<br />standard delivery and set up methods and (ii) provision of any Services to be provided by Seller; (b) ensuring that the Site is dry, compacted (with a
<br />minimum soil load bearing capacity of no less than 2,500 psf) and level (defined herein as the length of the Equipment having no greater than a four (4)
<br />inch drop in forty (40) feet and the width of the Equipment having no greater than a one (1) inch drop in eight (8) feet); (c) identifying and marking all
<br />underground elements at the Site, including but not limited to utilities utilizing appropriate third -party services; (d) clearly marking the four (4) corners of
<br />the area where the equipment is to be placed as well as the location of the door, (e) clearing the area of all grass, shrubs, trees, and other similar hazards,
<br />(f) ensuring that the Equipment shall be placed in an area with adequate drainage to avoid flooding, and (g) obtaining the authority and right to place the
<br />Equipment at the Site, including, in the event that the Site is not owned by Buyer. If Buyer fails to comply with the preceding requirements and conditions
<br />prior to delivery, Seller shall be entitled to an extension of time to reschedule and complete delivery and an increase in the Purchase Price for all additional
<br />costs incurred by Seller. In the event that the Equipment must be adjusted, re-leveled or re-set due to Site or weather conditions (e.g., ground saturation,
<br />settling, instability, etc.) or due to the weight of Buyer’s personal property in the Equipment, such services may, at Seller’s discretion, be performed by
<br />Seller at Buyer’s sole cost and expense. In the State of California, DSA-approved Equipment is subject to the following additional installation requirements:
<br />(a) the area where the equipment is placed must be graded to within 4.5 inches of level grade; and (b) under no circumstances have less than a 1,500 psf
<br />minimum soil bearing pressure. Section 8 (“Tiedowns”) below is not applicable to DSA-type Equipment.
<br />5. HYBRID CAMPUS MAKER, ECO, ECO II AND TYPE IIB SIDE STACKABLE CLASSROOMS. In the State of Florida Hybrid Campus Maker, Eco,
<br />Eco II and Type IIB Side Stackable Classrooms types of Equipment have a one-hour firewall on the long side walls. Buyer is duly advised that penetration
<br />of these walls may cause such Equipment to lose its one-hour fire rating and the Equipment will fail to be code compliant. Buyer shall be solely liable for
<br />any failure to maintain one-hour fire rating and code compliance in the event of any wall penetration by Buyer.
<br />6. TIEDOWNS. “Tiedowns” means tiedowns, earth anchors, seismic and/or wind restraints. In the event that Tiedown installation is not expressly listed
<br />in the “Charges Upon Delivery” section of this Agreement, Buyer, at Buyer’s sole judgement and discretion, has effectively rejected Seller’s offer to install
<br />Tiedowns on the Equipment at the sole risk and liability of Buyer. Seller shall bear no liability for any damages to person o r property in or around the
<br />Equipment or to the Equipment or any Accessories, nor shall Seller be liable for any injuries, including death, that may occur due to the lack of Tiedowns
<br />or the failure of Tiedowns. It is the sole responsibility of Buyer to ensure compliance with all requirements of any applicable governmental authority
<br />pertaining to the foundation system of the Equipment and any Tiedowns requirements. In the event that Buyer elects to have Tie downs installed, the
<br />following terms and conditions are applicable: (a) friction-based or earth anchor seismic/wind restraint systems are rated for exposure C wind loads as
<br />defined in the plans provided to Buyer and are designed to be used on sites with a minimum soil bearing pressure as specified on such engineered plans;
<br />(b) additional charges may be incurred by Buyer for custom foundation engineering and additional or different foundation materials and/or work; (c) for an
<br />additional charge, wet-stamped engineered plans and calculations are available for seismic/wind restraint systems; (d) Seller does not warrant that Buyer’s
<br />site conditions will be adequate for the seismic/wind restraint system; (e) upon request, Seller may provide a recommendation of the number of earth
<br />anchors based on the size and type of Equipment, it being understood and agreed by Buyer that Seller’s recommendat ion is not a guaranty or warranty of
<br />any kind as to the number of required earth anchors; (f) the Warranties set forth in the Agreement do not apply to any seismi c/wind restraint systems in
<br />the event that Buyer has not elected to purchase wet-stamped engineered foundation plans and calculations; (g) at the time of installation of earth anchors,
<br />in the event that ground penetration is hindered for any reason, including without limitation, by large rocks, lime, cement, or utility lines, Buyer is solely
<br />responsible for all costs associated therewith, including replacement of broken earth anchors (in the event of any damage to utility lines, the cost of repairs
<br />will be borne solely by Buyer); and (h) at the time of return of the Equipment, Seller will cut the straps of the earth anchors in order to remove the Equipment
<br />and Buyer shall be responsible for removal of the earth anchors from the Site. Seller shall not be responsible for any patchi ng or other repairs to the Site
<br />ground surface that may be required following removal of earth anchors.
<br />7. PLUMBING. If any Equipment includes plumbing systems, Buyer is solely responsible for making waste and water connections to the Equipme nt
<br />stub outs. Buyer is solely responsible for providing the plumbing and assembling the plumbing manifold and for final on-site connections. Seller makes no
<br />guarantees that the stub out locations or set height of the Equipment will coincide with existing stub outs, holding tanks or other connection-related items.
<br />Buyer is responsible for any malfunction of lines, valves, piping, etc. related to foreign matter, improper connection of waste/water lines, negligence or
<br />misuse, or for any other malfunction not directly attributable to a the failure of the equipment to conform to the applicable warranties as set forth in this
<br />Agreement. Testing of water for chlorination, pressure or other items/issues is the sole responsibility of Buyer. If Buyer is connecti ng Equipment plumbing
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