- Approved drawings are required for each item included in PROPOSAL/QUOTE prior to production.
- Unless specified in PROPOSAL/QUOTE there will be an extra charge for engineered or structural drawings required for permit purposes or any other use.
- ANY changes in the design, scope, materials of the item or items in PROPOSAL/QUOTE before or after this agreement is finalized are subject to price changes at OxCart’s discretion.
- Acceptance of this PROPOSAL/QUOTE, regardless of the form of approval including but not limited to; signature, email, verbal, text, Morse code, smoke signals, etc., will be subject to the Terms and Conditions of Sale.
- Any artwork or shop drawings produced by OxCart are the property of OxCart and may not be used, copied or reproduced for any purpose including but not limited to; solicitation, bidding, program design, concept drawings, etc., without the written consent of OxCart.
- Artwork or Shop drawings produced for this project prior to the acceptance of this PROPOSAL/QUOTE may be invoiced at OxCarts’ discretion if used without OxCarts’ written consent or if the job/project is not awarded to OxCart.
Unless stated therein, the PROPOSAL/QUOTE does not include applicable state sales and federal taxes, installation, permits, securing of permits, engineering, engineered drawings, surveys, freight or travel, or running of the primary electrical circuits.
Terms and Conditions
This proposal is made for specially constructed equipment and, when accepted, is Not subject to cancellation. OxCart shall not be responsible for errors in plans, designs, specifications or drawings furnished by PURCHASER or for defects caused thereby. The prices, terms and conditions are offered for acceptance by the PURCHASER within thirty (30) days from the DATE shown on the face of this contract. If thirty (30) days have passed from the DATE, OxCart reserves the right to refuse or re-bid this QUOTE/PROPOSAL.
OxCart is NOT responsible for Permits. The Purchaser agrees to secure all necessary governmental permits and/or all necessary permits from the building owner and/or others whose permission is required for the installation of the above item/items and he or she assumes all liability with regard to the same and all liability, public and otherwise for damages caused by the above item or items or by reason of it being on or attached to the premises.
There will be an extra charge for engineered or structural drawings required for permit purposes.
PURCHASER agrees to secure all necessary permission for use of any and all registered trademarks or copyright used.
PURCHASER is solely responsible for supplying art work, designs, concept drawings and build to specs and dimensions for the any and all projects. OxCart is not responsible for the supply of any artwork for the purposes of bidding, concept design, production, or final approval. OxCart reserves the right to produce manufacturing (shop) drawings at its discretion and any drawings or designs produced are the property of OxCart. Drawings and designs produced by OxCart may not be used, copied or reproduced for any purpose including but not limited to, solicitation, bidding, program design, concept drawings, etc., without the written consent of OxCart. Violation of this section will result in an invoice of an amount to be determined by OxCart.
OxCart unconditionally warrants the items above against defective workmanship and materials for (90) days from date of shipment. Whenever there is any circumstance on which a claim might be based, OxCart must be immediately informed in writing, or the provisions of this warranty are voided. OxCart shall not be liable for any damages or losses other than the replacement of such defective work or material. This warranty shall not include damage or loss by any Act of God, fire, flood, windstorm, vandalism, or any other circumstance whatsoever beyond OxCart’s control. This includes damage occurred during shipping assuming the damage was not caused prior to the product leaving OxCart. OxCart will not be financially responsible for claims filed for damage during shipping and any replacement product needed will require a new PO and will be the financial responsibility of the PURCHASER.
Payment for items purchased under the terms of this contract will be made on receipt of invoices submitted. In the event payment is not made as agreed, PURCHASER agrees to pay a service charge on past due amounts at the rate of 5% of the total cost of the project every 30 days. In the event this contract is placed with an attorney for enforcement by OxCart, PURCHASER shall pay all cost of such enforcement, including OxCart’s reasonable attorney fees.
Item or items included in the PROPOSAL/QUOTE will be invoiced upon completion or upon agreed shipping or pick up date. Once invoiced it will be the responsibility of the PURCHASER to arrange for shipping or pick up unless included in the PROPOSAL/QUOTE. Any item or items left at OxCart longer than 10 days from the date of invoicing are subject to a storage fee of 5% of the total cost of the project applied every 30 days starting from the date of invoicing.
OxCart is a wholesale manufacture and is not responsible for any taxes payable under the laws of the state into which the property is to be delivered. PURCHASER is solely responsible for any taxes required for the purchase of the above item/items. PURCHASER is also responsible for providing Oxcart with their re-sell tax certificate or equivalent paperwork prior to or with any purchase order or signed agreement.
OxCart will Not be responsible for delays in shipments caused by; suppliers, transportations services, labor disputes, Acts of God or due to any other circumstances beyond its control.
Title to all materials and property covered by this contract shall remain in OxCart and shall not be deemed to constitute a part of the realty to which it may be attached until the purchase price is paid in full. OxCart is given an express security interest in said material and property both erected and un-erected notwithstanding the manner in which such personal property shall be annexed or attached to the realty. In the event of a default by PURCHASER, including but not limited to, payment of any amounts due and payable. OxCart may at once (and without process of law) take possession of and remove, as and when it sees fit wherever found, all material used and intended for use in the construction of said equipment and any and all property called for in this contract without being deemed guilty of trespass.
It is agreed that this contract shall be constructed according to the laws of the Great State of Texas. If a Lawsuit or Legal action due to non-payment or any other circumstances is required PURCHASER agrees upon OxCart’s request to submit to the jurisdiction of Collin, Tarrant or Dallas County, State of Texas.
This purchase Contract contains the full, final and complete agreement of the parties and supersedes all prior agreements or representations, whether verbal or written. The parties specifically agree that there are no other understandings of any nature concerning the subject of the Purchase contract unless specifically included therein.