Supply of Substation Control Buildings amendment 1-2-3-4-5156-Amendment ATTACHMENT 1
Renewal of Irby Contract/RFP 5156
Irby will charge an additional 1.75% of the project sell price (not including freight) to accept net 30
payment terms .
Shipment and Provision of Services:
a. Seller will attempt to comply with, but in no case will guarantee, a Product's shipment date or the
date for completion of Services. Seller shall have no liability for loss, damage, delays or inability to ship
or install Products for reasons beyond its control including, but not limited to: Acts of God; fire; floods;
war embargoes. In the event of default by Buyer, Seller reserves the right to post pone, cancel or deny
the provision or sale of Products or Services to Buyer without waiving an y of its rights under the Order.
b. Adequate all -weather site a ccess is required to permit a semi -tractor with trailer and the building
load, to d rive into the site and stag e. This requires a suitable site road surface and a drive entrance
with a broad enough radius and approaches without width or height obstruction s, i.e. tree branches,
buildings, power lines, etc. DME cannot unload the building during inclement weather . Irby will not
require DME to unload during inclement weather. However, Any expense incurred for holding the truck
over will be at DME’s expense. (IE. site prep, weather, crane availability, etc.)
c. Seller is not responsible for damage to the ground surface, i.e. asphalt, concrete, gravel etc. during
placement of the building due to the crane, semi -tractor or trailer.
d. The customer o r their agent will sign the Bill of Lading upon delivery, indicating receipt of the
building in satisfactory condition. Irby will expect acceptance within 72 hours to allow time for
inspection.
Codes, Site Installation and Site Preparation:
a. The building is quoted as specified in the Trachte Building Specification. Trachte builds to major
National Codes (IBC, UBC , NEC, etc.), however because of local building department
jurisdiction, it is t e customer’s responsibility to verify that the specifie d Trachte designed shelter meets
LOCAL building codes and requirements. Seller assumes no responsibility or liability for failure of the
customer to do so or the potential delay or rejection resulting from the customer’s failure to investigate
or secure an y required approvals or permits
b. The quoted price may include normal installation work if specified on a written quotation.
c. If installation is included, Seller agrees to install the Product ready for use on the site designated
by Buyer, provided that the site has been made to conform to the Site Specification Requirements
provided by Seller to Buyer. Seller will have the option to inspect the site prior to installation.
d. Buyer shall provide all necessary site work for the Product installation including but not limited to
site preparation and electric service as required to attach and install the Product ready for use. Buyer
shall obtain all permits and licenses required by federal, state or local authorities in connection with the
installation and operation of the Product and shall bear any expense in obtaining the same or in
complying with any related rules, regulations, ordinances and statues.
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e. In the event Buyer’s local labor conditions make it impossible or undesirable to use Seller’s regular
employees for such installation and connection, such work shall be performed by laborers supplied by
Buyer, o r b y a n independent contractor chosen by Buyer, at Buyer’s expense, and in such case, Seller,
agrees to offer optional adequate site supervision for proper completion of the installation for a fee.
f. Arrangements for internal movement of the Product to the final installation location are the
responsibility of Buyer.
g. Buyer assumes all responsibility for P roduct damage caused by contractors or laborers supplied by
Buyer.