These are our operational procedures with reference to the topics described. These Terms and Conditions supercede any such terms and conditions that were previously published and/or distributed.
Terms and Conditions
Estimates and Proposals
To be in effect, all estimates, proposals, bids and any other form of quotations (hereinafter referred to as "Estimate" or "Estimates") must be in writing, dated and signed by an authorized agent of Red Bear Industries, Inc. (hereinafter referred to as "Red Bear"). Verbal Estimates on any proposed work to be performed by Red Bear on any equipment, vehicles, materials, parts and/or such other items (hereinafter referred to as "Goods") must be accompanied in written form if they are to be honored at the time of invoicing and payment thereof.
All Estimates are only good for a given period of time specified on such Estimate. Whenever no such time limit is specified, then such Estimate will be effective for no longer than thirty (30) days from date of such Estimate.
All Estimates must be accepted and signed by an authorized person for the entity that is responsible for payment of the subject goods and/or services to be performed by Red Bear (hereinafter referred to as "Customer") with a signed copy evidencing such acceptance forwarded to Red Bear prior to commencement of the subject work by Red Bear. A fax'ed copy of the signed Estimate is acceptable.
Any additions, deletions, and/or any other changes made after an Estimate is submitted to a Customer and accepted by that Customer must be accompanied by a Change Order signed by such Customer that is forwarded to Red Bear.
In instances where a Customer disagrees with their invoiced amount, then such Customer must submit their copy of any Estimate or related Change Order in order to receive any credit to any subsequent invoiced amount to which, such Customer feels that they are entitled.
Any equipment, materials, parts and/or such other items (hereinafter referred to as "Goods") that are brought to Red Bear's facility are subject to storage fees beginning on the 8th day after their arrival unless an Estimate is accepted and work by Red Bear has commenced. Such storage fees are determined and charges made under the same guidelines as Goods left after notification in paragraph No. 4 and No. 5 of "Invoicing and Payment" as described hereinafter.
Invoicing and Payment
All invoices, including any and all related charges for change orders, etc., are due and payable, in full, upon job completion and/or receiptas outlined in section 3) below.
Any alternative payment arrangements other than payment in full as described in No. 1 above must be discussed with, and approved by, an authorized management person of Red Bear (hereinafter referred to as "Management") prior to finalization and acceptance of any estimate proposal for work to be performed by Red Bear. Such alternative payment arrangements will only be considered with approved credit and good prior payment history.
Upon completion of the contracted services and/or charges provided by Red Bear, the party responsible for payment or such party's agent (hereinafter referred to as "Customer") will be notified of the date that they can pick-up their Goods and the amount of payment required to pay the invoice in full. Customer's Goods cannot be taken from the premises of Red Bear until all charges are paid in full, including any change orders, storage charges, past due amounts and such other charges of any type and kind.
Any Goods that are left on Red Bear premises longer than TWO WEEKS (14 days) after notification that such Goods were ready for pick-up and payment therewith will be subject to daily storage charges ranging from $10.00 per day to $50.00 per day, depending upon the size and type of such Goods. Any and all storage is at Customer's sole risk, including, but not limited to theft, damage, deterioration, or loss. Red Bear will have the sole discretion in determining the amount of such charges for a given item of Goods.
Any Goods that are left on Red Bear premises for an additional period of THIRTY (30) DAYS following the two week period described in No. 4 above) will be subject to being sold by Red Bear for invoiced amount and any accrued charges and storage as provided herein.
In situations where Red Bear agrees to perform services on Customer's Goods under a "time and materials" arrangement, Customer agrees that Customer will make progress payments, the time period[s], and amounts of such payments is solely at the discretion of, Red Bear.
Customer agrees that Red Bear is hereby granted a lien or security interest in or upon such Customer's Goods that are the subject of a related invoice for the payment of such invoice. Customer further hereby agrees that Red Bear's rights under such lien or security interest are not subject to any defense or counterclaim by such Customer, except where expressly provided by applicable law.
Red Bear has the sole and exclusive right to grant a security interest in, or assign, any invoice, invoiced amount and/or such other revenue due said Red Bear to any third party for value. Customer agrees that such third party may exercise all the rights of Red Bear under such invoice, invoiced amount and such other revenue and will not be subject to any abatement, recoupment, reduction, defense, setoff or counterclaim therewith, except where expressly provided by applicable law.
Failure on the part of Red Bear to perform any of the above referenced requirements does not relieve any Customer from their respective responsibility to pay for any services performed by Red Bear nor such Customer's obligations as outlined above.
The parties hereto agree that Customer shall pay to Red Bear, in addition to all other sums due Red Bear hereunder, all attorneys' fees and expenses incurred by Red Bear in enforcing these Terms and Conditions without limitation and the parties further agree that all obligations under such Terms and Conditions are performable in Jefferson County, Texas.
These Terms and Conditions are effective June 1, 2005, and any or all of the provisions as contained herein are subject to change without notice.