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Proforma InvoiceNumber AAAQ24249
12/11/2015Date
2001 SW 6th St.Lincoln, NE 68522402-475-BEER (2337)www.AmericanBeerEquipment.com
Death of the Fox Brewing Death of the Fox BrewingChuck Garrity Chuck GarrityMickelton, NJ Mickelton, NJ
Ph: 609-234-7405 Ph: 609-234-7405Fax: Fax:Email: [email protected] Email: [email protected]
A.B.E. Contact P.O. Number Shipping Terms
Amanda Podwinski FOB Lincoln, NE 50% deposit with balance due prior to shipment
ABE is a Division of Norland Inlt Inc. Please provide tax expempt form from CA, MN, SD, and TX. Taxes are off invoice.
Line Qty Description Unit Price Total Price
1 1 $8,398.00 $8,398.00Grist Mill 1,200 lbs/hr Cracking Capacity
Features:
* 6x6 Single Pair Malt Mill * Designed specifically for the milling of malt for use in breweries* WEG 1800 RPM 3-Phase XP Motor* Magnet, Brew* 25" Brew mill stand with 45 degree flex auger boot attachment unloader piece* Optional Stairs Available for $927
- High yield extract efficiencies= 88-95%- Save 4 - 6% on grain cost- 100% dust tight- 6 x 6 Dual rollers- Heavy duty construction- 1,200lbs/hr of Cracking Capacity- Motor starter with thermal overload- Explosion proof motor available but not included. (additional charges apply)- Stairs availabel but not includd. (additional charge apply)
* Manufacturers six month on-site limited warranty includes: frame, motors, motor
Page 1 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
mounts, rolls, shafts, bearings, gear boxes, pulleys, fine adjustmentassemblies, slopes, belt guards, feed roll box, feed roll shaft, and idlershaft. Includes spare set of belts and belt tension tester.
2 1 $3,218.00 $3,218.0025' Flex Auger System
Features / Advantages- Priced at 25' with 2 elbows (final price may vary based on length, elbows andmotors required)- (PVC) tubing is extruded and formed to exacting standards. Blended PVC allows foroptimum compound for UV stabilization, strength and wear resistance.- Flex auger reduces dust, provides protection against insect and rodentcontamination, and reduces operation noise. - Direct drive auger is driven by a 1/3 to 1-1/2 horsepower, totally enclosed, fancooled motor at a standard 358 RPM- Increased wall thickness on the elbow for strength and wear resistance.
3 1 $16,567.00 $16,567.0010 Ton Commercial Water/Glycol Chiller System
System FeaturesTwo stage 10 Ton air-cooled water chiller system, to provide approximately 120,000Btu/hr of cooling capacity with a leaving fluid temperature of 50°F with an ambient airtemperature of 95°F when operated at 60Hz. Suitable for outdoor use to -20°Fambient temperature.
CAPACITY- ±5% AT 50° LCWT / 95°F AMBIENT - 10 TON- 120,000 BTU/HR- COMPRESSOR TANDEM HERMETIC SCROLL- REFRIGERANT R410A- CONDENSER COILS COPPER TUBE / ALUMINUM FIN- CONDENSER FANS / CFM 2 / 8,000- EVAPORATOR STAINLESS STEEL / COPPER BRAZED- FLUID CONNECTION 1-1/2 NPT MALE INLET / 1-1/2 NPT FEMALE OUTLET- VOLTAGE / PHASE / FREQUENCY 208/230V / 3Ø / 60Hz 460V / 3Ø / 60Hz- MINIMUM CIRCUIT AMPS 50.5 @ 208v / 28.3 @ 460v- DIMENSIONS 61 1/2" L x 40" W x 75" H- APPROX. WEIGHT 1,000 LBS- PUMP HP 1.5- PUMP OUTPUT 55 GPM @ 30 PSI- TANK SIZE 41 GALLON- TANK CONSTRUCTION 304 SSNote: All specifications subject to change without notice.
Controls:- Electronic temperature controller with constant (set point & process) temperaturereadout on standard units, actual and programmed temperature LED readout.Refrigeration Components:- Efficient scroll compressors, sight glass/moisture indicators, balance port expansionvalves, filter drier, service valves, stainless steel brazed plate evaporator, fan cyclinghead pressure control with low ambient fan speed controls. Hot gas bypass forcapacity control.Process Fluid Components:- Stainless steel centrifugal pump with ODP motor, bronze Y strainer with 20 meshstainless steel screen, insulated stainless steel reservoir with shoe box lid. LowLCWT models -L- are capable of chilling to 20°F with the appropriate freezeprotected fluid.Safety Controls:- High/low pressure safeties, low water flow switch, internal or thermal overloads forcompressor and fan mot ors, safety fuses for pump.Construction:- Welded steel powder coated frame and cabinet, copper piping connections.
Optional Startup and 1 Year Labor Warranty for $1800
Page 2 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
4 1 $58,246.00 $58,246.00Brewhouse - 7bbl 2 Vessel Auto (Steam)
7 bbl 2 Vessel Auto SteamKey System Features:Includes: SEW-EURODRIVE Gearmotor.Full stainless steel work platform w safety railing and non-slip substrateStainless steel brewhouse, piping, valves, clamps and fittingsSanitary Single Stage Heat Exchanger 100 sq. ft. surface area
Control System- Fully automated with PLC and oversized touch screen display- Brew recipe storage and recall- Step mash program sequencing and recipe storage- Pneumatic actuated fluid valve system- Automatic steam valve controls (steam valves not included)- Automatic temperature controls (brew house and cellar tanks)- Variable frequency speed control on all pumps and motors- Remote auger on/off control- Iphone or Ipad link application for remote monitoring and control of brew house
Mash / Lauter Tun- Stainless steel grist hydrator w/ hot & cold hydration inlet- Upper and lower steam jackets w/ independent valve control- Heavy Duty false bottom with pillar support system- CIP spray nozzles under false bottom- Multiple wort drain locations- Fully insulated vessel- Stainless steel cladding- SS CIP spray ball with 360° of coverage.- Interior light- Sparge ring assembly- Top manway (tempered glass)- Side manway for automatic spent grain out process- Automatic variable speed rake system and spent grain plow
Brew Kettle / Whirlpool Tank- Upper and lower steam jackets w/ independent valve control- Tangential whirlpool inlet- Fully insulated vessel- Stainless Steel Cladding- SS CIP spray ball with 360° of coverage.- Top manway (tempered glass)- Interior lightWort Pump- Waukesha/Baldor stainless steel wash-down pump- VFD speed controlWhirlpool Pump- Baldor stainless steel wash-down pump- VFD speed control
5 1 $1,976.00 $1,976.00Hot / Cold Blending Assembly
Features:- 1.5" Hot liquor inlet- 1.5" tri-clamp thermometer gauge- 1.5" tri-clamp to 1/2" Globe valve for cold water inlet- Sanitary flow meter and totalizer for strike/sparge water
Page 3 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
6 1 $514.00 $514.00Wort Aeration Assembly
Features:- Stainless steel pipe assembly- Aeration stone- O2 1/4" NPT ball valve O2 disconnect- 1.5" Sanitary tri-clamp connections- Built in 4" sight glass
7 1 $3,868.00 $3,868.00Portable Transfer Pump System 1.5 hp
Features:- Baldor 1.5 h.p. stainless steel sanitary, washdown pump- VFD Speed Control- Stainless Steel cart mounted
8 1 $8,622.00 $8,622.0015bbl Hot Liquor Tank
Features:Hot Water Tank 15bbl volume- 304 Stainless Steel- Top Manway- Steam Jacketed and insulated - Insulation- Cladding- Stainless Pipes, Valves and Fittings
9 1 $2,660.00 $2,660.00Hot/Cold Liquor Piping and FittingsFeatures:- Stainless steel installation piping, valves, fittings and pump mounting
10 1 $2,133.00 $2,133.00Hot/Cold Liquor Pump System
Features:- Waukesha/Baldor stainless steel wash-down pump- VFD speed control
11 1 $3,386.00 $3,386.0012 Tank Glycol Temperature Control Panel
Features:- 12 individual tank capacity- NEMA enclosure - System is MOD BUS capable (can controlled from an external PLC/HMI)- Controllers are fused and relay protected- Compact design - Recommended RTD Sensor- Input voltage 110v - 220v AC- Control voltage 24v AC
Page 4 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
12 5 $7,295.00 $36,475.007bbl Stainless Steel Fermentation Tank
Features:
- Stainless steel (304) sanitary construction - 100% TIG welded and sanitary polished - Design pressure 15PSI, Test Pressure 30PSI (0.2MPa)- 4 heavy duty stainless steel legs with adjustable height and leveling footpads- Interior shell: 304 stainless steel, thickness 11 gauge (3mm)- Interior and exterior finish bright polish to 3A 240 grit, sanitary surface- 1.5" Tri-clamp sanitary fittings - Vacuum & pressure relief valve- Pressure gauge- Thermometer gauge- Sample valve- Lifting Lugs- Side man way door- CIP arm and spray ball 360° of coverage. - Dual zone cooling jacket with glycol inlet and outlet- Rotating racking port and discharge port with valve and fittings- Hop port- Thermo-well (RTD sensor not included)
13 5 $7,287.00 $36,435.007bbl Stainless Steel Brite Beer Tank
Features:
- Stainless steel (304) sanitary construction - 100% TIG welded and sanitary polished - Design pressure 15PSI, Test Pressure 30PSI - 4 heavy duty stainless steel legs with adjustable height and leveling footpads- Interior shell: 304 stainless steel, thickness 11 gauge (3mm)- Interior and exterior finish bright polish to 3A 240 grit, sanitary surface- 1.5" Tri-clamp sanitary fittings- Vacuum & pressure relief valve- Pressure gauge- Thermometer gauge- Sample valve- Lifting Lugs- Side man way door- CIP arm and spray ball 360° of coverage. - Visual Level Indicator- Glycol Jacketed- Carbonation stone assembly
14 5 $592.00 $2,960.00Steam Valve
Features:- ¾" FPT Motorized Steam Valve, 24VAC, NC - Slow open / slow close. - Specifically designed for steam boiler operation.
15 10 $192.00 $1,920.00Glycol Valve
Features:- ¾" FPT Brass, 24VAC, NC Glycol Valve
Page 5 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
16 10 $147.00 $1,470.00RTD Sensor
Features:- 3 Wire, 9" RTD Spring Loaded Thermal Probe, with ½" MPT Thread and Gang Box
17 3 $296.00 $888.00200' Roll: Shielded RTD Sensor Wire
Features:- RTD Wire, 3-Conductor Teflon Insulated, 24GA shielded
18 1 $3,688.00 $3,688.00Standard Brew House Transfer Kit* Final detailed parts list will be provided based on final equipment selection.- Sight glass- 12 tri-clamp ends for brewers/cellar hose- 12 clamps with gaskets for tri-clamp ends- 4 tri-clamp caps- 2 sets quick disconnects- 2 butterfly valves with tri-clamp ends- 12 worm gear clamps- Spare manway gaskets- Brewers hose (100')- CIP hose
19 $193,424.00 SubTotal
20 5 $695.00 $3,475.00On-Site Startup and Training Service (Estimate Only)
On-Site Startup and Training Service (Estimate Only)
- $695 per day, per technician
* Not inclusive of airfare, hotel, meals and travel (to be determined)
21 1 $0.00 $0.00Shipping, Insured Freight to Destination (Estimate Only, FinalCharges To Be Determined)Shipping, Insured Freight to Destination (Estimate Only, Final Charges To BeDetermined)
Page 6 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
Line Qty Description Unit Price Total Price
SubTotal $196,899.00
Tax $0.00
Shipping/Handling
Final Balance $196,899.00
Page 7 of 13
Amanda Podwinski Phone: 402-441-3746 Email: [email protected]
A.B.E. American Beer Equipment
Standard Terms and Conditions
FURTHER TERMS OF THIS AGREEMENT IN ADDITION TO THOSE ABOVE ARE SET FORTH IN THEAMERICAN BEER EQUIPMENT (A.B.E.), A DIVISION OF NORLAND INTERNATIONAL INC. STANDARDTERMS AND CONDITIONS, FOLLOWING HERETO AND ARE INCORPORATED HERE AS THOUGH FULLY SETFORTH HEREIN, AND, BY THEIR SIGNATURES BELOW, THE PARTIES ACKNOWLEDGE SAME AND AGREETO ALL TERMS OF THE AGREEMENT. THIS AGREEMENT IS ENTERED INTO AT LINCOLN, NEBRASKA.
A.B.E. is herein referred to as the “Seller” and the customer or person or entity purchasing Goods (“Goods”) from Seller isreferred to as the “Buyer.” These Terms and Conditions and all documents incorporated by specific reference herein(collectively, the “Agreement”), constitute the complete and exclusive statement of the terms of the agreement governingthe sale of Goods by Seller to Buyer.
1.) Identification. The Goods shall be identified to the contract upon the execution hereof.
2.) Inspection. Buyer may at its option and expense, inspect the Goods at Seller’s premises located at 2001 S.W. 6th St.Lincoln, Nebraska (“Facility”). Seller will permit Buyer to enter the Facility upon written notice during normal businesshours between 9:00 a.m. and 4:00 p.m., Monday through Friday. Equipment shall be inspected in a non-operational, staticmode. If Buyer fails to inspect the Goods prior to shipment, it will be deemed to have waived inspection and to haveunequivocally accepted the Goods. Once the Goods are delivered to Buyer, the sale shall be deemed final and conclusive.
3.) Limited and Standard Warranty. 2-YEAR LIMITED WARRANTY IS APPLICABLE TO METAL, WELDS, STEAMJACKETS AND GLYCOL JACKETS. IN THE CASE OF OTHER COMPONENT PARTS, SELLER WARRANTS THATTHE GOODS MANUFACTURED BY SELLER WILL BE FREE FROM DEFECTS IN MATERIAL ANDWORKMANSHIP UNDER NORMAL USE AND REGULAR MAINTENANCE FOR A PERIOD OF ONE YEAR FROMDATE OF DELIVERY TO BUYER, OR FOR OPERATION FOR 2,500 HOURS, WHICHEVER IS LESS. THIS IS THESOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO THE GOODS AND IS IN LIEU OFAND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OROTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABLITY AND FITNESS FOR A PARTICULARPURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS,DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER’S GOODS ARE SPECIFICALLY DESIGNEDAND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE.
THIS WARRANTY SPECIFICALLY EXCLUDES WEAR OUT ITEMS, DAMAGE DONE IN SHIPPING, FREEZING,CORROSION, EROSION, SCALING, IMPROPER MAINTENANCE OR INSTALLATION, ELECTRICAL SURGESAND UNITS MODIFIED OR USED FOR ANY OTHER PURPOSE OTHER THAN BREWING AND PACKAGING OFBEER, WINE, MEAD, CIDER AND OTHER SIMILAR NON-COMBUSTABLE ALCOHOLIC, OR NON-ALCOHOLICBEVERAGES. IF WITHIN THIRTY (30) DAYS AFTER BUYER’S DISCOVERY OF ANY WARRANTY DEFECTSWITHIN THE WARRANTY PERIOD, BUYER NOTIFIES SELLER THEREOF IN WRITING, SELLER SHALL, AT ITSOPTION AND AS BUYER’S EXCLUSIVE REMEDY, REPAIR OR REPLACE FREIGHT PREPAID BOTHDIRECTIONS THAT PORTION OF THE GOODS FOUND BY SELLER TO BE DEFECTIVE RETURNED TO SELLER.
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FAILURE BY BUYER TO GIVE SUCH WRITTEN NOTICE WITHIN THE APPLICABLE TIME PERIOD SHALL BEDEEMED AN ABSOLUTE AND UNCONDITIONAL WAIVER OF BUYER’S CLAIM FOR SUCH DEFECTS.
GOODS NOT MANUFACTURED BY SELLER, BUT BY 3RD PARTY AND PROVIDED BY SELLER AS PART OF ANYPURCHASE ARE SUBJECT SOLELY TO THE WARRANTY AND LIABILITLY TERMS AND CONDITIONS OF THEMANUFACTURER.
All costs of dismantling, reinstallation and freight and the time and expense of Seller’s personnel and representativesfor site travel and diagnosis under this warranty shall be borne by Buyer unless accepted in writing by Seller. Section 3applies to any entity or person who may buy, acquire or use the Goods, including any entity or person who obtains theGoods from Buyer, and shall be bound by the limitations therein. Buyer agrees to provide such subsequent transfereeconspicuous, written notice of the provisions of Sections 3 and 4.
4.) LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANYWARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR OR REPLACEMENT UNDER SECTION 3. SELLERSHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT,REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT,INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’SLIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFICGOODS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THATIN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDEINCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OFANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OR REVENUE, COST OF CAPITAL, COSTOF LEASE, RENT, WAGES, SPOILAGE, OR LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT.
It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods is givenwithout charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advicebeing given and accepted at Buyer’s risk.
5.) Assignment. Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without theprior written consent of Seller, and any such assignment, without such consent, shall be void.
6.) Interpretation and Representation. This instrument is intended by the parties to be a final, exclusive, and completeexpression of their agreement and its terms. No course of prior dealings between the parties and no usage of the tradeshall be relevant to supplement or explain any term used herein. Acceptance of, or acquiescence in, a course ofperformance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement eventhough the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to object.Buyer and Seller represent to each other that they are merchants with respect to the subject Goods. No representationswere made or relied upon with respect to the Goods or the terms of this Agreement. No agent, employee, orrepresentative of Seller made, or has any authority to bind Seller by any warranty, representation, or affirmationconcerning these Goods. Buyer acknowledges that no such affirmation, warranty, or representation has been made, nonehas been relied upon, and none forms the basis of this bargain. There are no understandings, agreements, representationsor warranties either written or verbal, relative to the Goods which are not fully expressed herein. No statements,recommendations or assistance made or offered by Seller or Seller’s agents or by sales literature, in connection with theuse of any Goods shall constitute a waiver by Seller of any of the provisions set forth herein. The provisions set forthherein supersede and cancel any previous understanding or agreement between the parties with respect to the subjectmatter hereof.
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7.) Severability. If any provision hereof is found by any Court of competent jurisdiction to be invalid or unenforceablefor any reason whatsoever, such invalidity or unenforceability shall not affect the provisions hereto, which shall remain infull force and effect. If any provision is found unreasonable due to its breadth, such terms shall be limited to the extentnecessary to be enforceable.
8.) Modification. This Agreement may be modified only by an instrument signed by the parties or their respectiveagents.
9.) Time for Bringing Action. ANY ACTION FOR BREACH OF THIS AGREEMENT MUST BE COMMENCEDWITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
10.) Payment of Taxes. Buyer shall pay all federal, state and local sales, use, property excise or other taxes imposed onor with respect to the Goods, except taxes levied on Seller’s net income.
11.) Confidential Information. All materials relating to the use and service of Goods that Seller has provided andidentified as confidential are proprietary to Seller. Such materials have been developed at Seller’s expense and containSeller’s trade secrets. Buyer may not reproduce or distribute such materials to any party unrelated to this Agreement.Buyer shall receive all such proprietary materials in complete and strict confidence, and shall exercise reasonable care tomaintain such confidentiality.
12.) Shipment Contract; Buyer’s Risk During Transit. Seller shall deliver all Goods to a carrier of its choice at its Facilityfor transportation to Buyer’s place of business, but all costs of transportation shall be borne by Buyer including, but notlimited to, all shipping charges and full invoice insurance.
Risk of loss to the Goods shall transfer to Buyer upon delivery to and receipt by carrier at Seller’s Facility. Any claimsfor shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to thecarrier. The estimated shipment date indicated herein is approximate and not guaranteed and is based upon promptreceipt by Seller of all necessary information and payment amounts.
If the shipment of the Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller forany and all storage costs and other additional expenses resulting there from. Seller will not be liable for any delay inperformance of any order accepted, or any delay in shipment or delivery of any material hereunder, when such delay iscaused directly or indirectly by fire, flood, accident, riot, war, governmental intervention, rationing, allocations orembargoes, strike, shortages of labor, delay of materials by suppliers or any other difficulties beyond Seller’s control.Delivery of such order shall be deemed suspended so long as any such causes delay its execution. Whenever such causeshave been remedied, Seller will make and Buyer will accept delivery of order.
13.) Seller’s action for Price-Resale of Undelivered Goods. If Buyer fails to pay the price as it becomes due, Seller mayrecover, together with any incidental damages, the price of the Goods identified to the contract if Seller is unable, afterreasonable effort, to resell them at a reasonable price or the circumstances reasonably indicate that such effort will beunavailing. If Seller sues for the price, it shall hold for Buyer any Goods, which have been identified to the contract andare still in its control, except that if resale becomes possible Seller may resell them at any time prior to collection of thejudgment. Net proceeds of any such resale shall be credited to Buyer and payment of the judgment shall be credited toBuyer. Deposits made for equipment are non-refundable. Payment of the judgment shall entitle Buyer to any Goods notresold. If, despite Buyer’s breach, Seller is held not entitled to the price, Seller shall nevertheless be awarded damagesagainst Buyer for non-acceptance. Any funds received by Seller from Buyer may be applied by Seller against any suchlosses of Seller.
14.) Startup Service. A startup service is recommended from Seller’s technicians at an additional cost and this serviceconsists of making initial adjustments and training the equipment operators. No startup service will be provided unlessthis is indicated on the front of the contract along with its costs. Start-up and training service is available at the rate
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quoted herein, assuming preparation of facility to ABE specifications. Startup and training services quoted herein areestimated. A specific quotation for startup and training service will be provided to Buyer after placement of order.
Prior to startup, the Buyer will be required to provide written confirmation of the readiness of the facility, includingreadiness of the building, electrical supply, air supply, water supply. The Buyer may also be required to provide bottledesign drawings, sample bottles, sample labels and other information upon request of ABE. In the event that thesematerials are not provided in response to requests, the manufacture and delivery of the equipment may be delayed, andthe Buyer agrees that this delay shall be its responsibility. In the event the ABE technician(s) arrives and the equipment isnot mechanically or electrically connected, the Buyer will be charged accordingly to normal service rates. Seller alsoreserves the right to remove personnel from the premises until proof of proper preparation to the facility can be provided.Rescheduling startup and training service will depend on availability of ABE personnel at that time. Airfare, local travel,hotel, or boarding accommodation and meals during startup and training service are the responsibility of the Buyer withprepayment required prior to technician departure. Additional technician days required beyond the estimated timequoted will be charged to buyer at the per diem rate listed above.
15.) Prices; Terms of Payment; Payment Delinquency. All prices are in U.S. Dollars and exclusive of taxes, transportationand insurance, which are to be borne by Buyer. Payment terms as stated above. Unless otherwise specified by Seller,terms are net from date of Seller’s invoice in U.S. currency. Failure of Buyer to timely pay per the terms as described onthe front of this Agreement will result in the addition to the balance due of interest at the rate of one and one third percent(1-1/3%) of the balance due for every month that the balance remains delinquent. Seller shall have the right, among otherremedies, either to terminate this Agreement or to suspend further performance under this and/or other agreements withBuyer in the event Buyer fails to make any payment when due, which other agreements Buyer and Seller hereby amendaccordingly. The provisions of this paragraph are subject to paragraph 12 above. Deposits are non-refundable unlessotherwise agreed upon prior to order and stated in writing.
16.) Installation; Maintenance. Unless otherwise provided herein, Buyer shall be responsible for receiving, inspecting,testing, storing, installing, starting up and maintaining all Goods. Installation and start up of Goods should only becompleted by a thoroughly trained and experienced technician. Improper installation or start up procedures may resultin damage to personnel, equipment or building. Vibration that occurs during shipping may loosen some of the electricalconnections such as those at the circuit breakers, motors, motor starters, pumps, contactors and heating elements. Allhigh amperage electrical connections should be thoroughly tightened prior to start up. Failure to tighten looseconnections may result in excessive heat buildup on the electrical components resulting in damage to the component,equipment or even the building. A.B.E. expressly disclaims any damages or losses of any kind resulting from looseelectrical connections.
17.) Indemnification. Subject to the limitations of the second paragraph of Section 4, Seller warrants that the Goodssold, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent orcopyright in existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notifySeller of any claim or suit involving Buyer in which such infringement is alleged and cooperate fully with Seller andpermit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller'swarranty as to use patents only applies to infringement arising solely out of the inherent operation according to Seller'sspecifications and instructions (i) of such Goods, or (ii) of any combination of Goods acquired from Seller in a systemdesigned by Seller.
In the event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods isenjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at its option and expense, toprocure for Buyer the right to continue using such Goods, or replace them with non-infringing Goods, or modify same tobecome non-infringing, or grant Buyer a credit for the depreciated value of such Goods and accept return of them. In theevent of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods, withoutliability.
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18). Cancellation and Returns. Purchaser may not cancel all or any portion of an order after work begins or return anymaterials, except upon Seller’s written agreement and the payment to Seller of (a) for non-customized products, a 25%restocking fee; and (b) for customized products, the total of (i) the anticipated profit margin of the Seller and (ii) anyexpenses of the Seller incurred toward fulfillment of the order, including overhead, plus any expenses incurred incancelling the order. Payments are due within 10 days of cancellation, and thereafter shall accrue a finance charge at thesame rate as an unpaid invoice. In addition, if Purchaser wishes to cancel in part, Seller may elect to cancel the remainderof Purchaser’s order without incurring any liability toward Purchaser and without waiving any rights under theseStandard Terms and Conditions.
19). Reverse Engineering. Purchaser will not reverse engineer or assist any other party with reverse engineering Seller’sequipment (including, but not limited to, any equipment purchased from Seller, on loan from Seller, or any otherequipment designed and/or built by Seller), and will notify Seller upon becoming aware of any other party having reverseengineered any of Seller’s equipment.
20.) Applicable Law. The validity, construction, performance and all other matters relating to the interpretation andeffect of this Agreement shall be governed by the laws of the State of Nebraska. Buyer and Seller agree that the propervenue for all actions arising in connection herewith shall be only in Nebraska and the parties agree to submit to suchjurisdiction. THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALLNOT APPLY TO THIS AGREEMENT.
21.) Export/Import. Buyer agrees that all applicable import and export control laws, regulations, orders andrequirements, including without limitation those of the United States and the European Union, and the jurisdictions inwhich the Seller and Buyer are established or from which Goods may be supplied, will apply to their receipt and use. Inno event shall Buyer use, transfer, release, import, export, Goods in violation of such applicable laws, regulations, ordersor requirements.
22.) English Language. Unless otherwise specified in the Agreement, this Agreement and all documentation includingbut not limited to manuals, user guides, instructions, warning labels and technical drawings are written in the EnglishLanguage and the Parties agree that the English version will govern.
23.) This Agreement shall not become effective unless and until signed by Buyer and delivered to Seller at itsprincipal place of business in Lincoln, Nebraska and signed by Seller.
24). “DRAWINGS PROVIDED BY ABE INTERNATIONAL/AMERICAN BEER EQUIPMENT ARE FORRECOMMENDED LAYOUT OF EQUIPMENT AND CONNECTIONS ONLY, AND ARE BASED UPONDESCRIPTIONS OF BUILDING CHARACTERISTICS AND MEASUREMENTS PROVIDED TO THE SELLER BYTHE BUYER. THOSE BUIDLING CHARACTERISTICS AND MEASUREMENTS HAVE NOT BEEN VERIFIED. THESUITABILITY OF ALL FINAL POSITIONS AND CONNECTIONS ARE THE RESPONSIBILITY OF THE PURCHASERAND SHOULD BE APPROVED BY PURCHASER'S CONTRACTOR TO MEET ALL RELEVANT LEGAL CODES ANDBEST PRACTICES. SELLER EXPRESSLY DISCLAIMS SPECIFIC KNOWLEDGE OF THE BUYER’S BUILDINGCHARACTERISTICS FOR SUPPORTING WEIGHT BEARING LOAD REQUIREMENTS OF THE EQUIPMENT,AND THE DRAWINGS PROVIDED FOR HEREIN MAKE NO REPRESENTATIONS REGARDING THESUITABILITY OF THE LOCATION FOR THE WEIGHT BEARING LOADS CREATED BY THE EQUIPMENT ORTHE PRODUCTS USED, PRODUCED OR STORED BY THE EQUIPMENT. ANY CHANGES IN EQUIPMENTPOSITION REQUIRED BY THE BUYER, OR BY THE BUYER’S INTENDED USE OF THE EQUIPMENT AFTER THEDRAWING IS PROVIDED BY THE SELLER MAY RESULT IN INCREASED INSTALLATION COSTS TOBUYER/OWNER.”
AGREED TO BY:
For and on Behalf of Purchasing Company For and on Behalf of: A.B.E American Beer EquipmentNorland Intl. Inc. -
Name (Buyer) Name (Seller)
Title Title
RECEIVED BY:
NORLAND INTERNATIONAL, INC.DBA: AMERICAN BEER EQUIPMENT
BY:
DATE:
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