These terms and conditions govern your use of McGill & Company DBA Modular Office.com (the

"Service"), an online information service operated by McGill & Company. By using the

McGill & Company dba Modular-Office.com

Terms and General Conditions:

1.      End user to provide unloading.

2.      If installed end user to provide fork truck and trash bin next to each project and haul all trash.

3.      Payment Terms: Net 30 Days from the shipping date with approved credit. A deposit may be required

This proposal is subject to your acceptance within 30 days of the proposal date, it shall become a binding contract upon receipt of your purchase order and approval by an authorized employee of McGill & Company.  No portion of the proposal shall be waived or amended unless by written approval of both parties, and no other contract shall supersede the terms and general conditions of this contract/proposal.

·         This proposal provided only for materials or labor specifically mentioned here.

·         McGill and Company shall not be responsible for delays or defaults due to causes beyond our control including but limited to acts of God, armed conflicts, embargoes, shortage of labor, raw materials, transportation or strikes.

·         McGill and Company assumes no liability for engineering, design, or specifications prepared by other parties including owner, architect, or general contractor, and will not be responsible for damages resulting from faulty engineering, design, or specifications.

·         McGill and Company is to be indemnified by the Purchaser or Owner against loss by fire, water, weather, and any other damage.  Purchaser agrees to insure at his own expense all merchandise delivered or installed during progress of job against loss by fire, theft, or any other damage. Purchaser shall be responsible for all damage.  Purchaser shall be responsible for all materials and goods damaged or stolen from the job after same have been delivered by McGill and Company.

·         The Purchaser shall secure at his own cost and expense all permits, approval or authority as may be required by law for work called for under this proposal.

·         Any additional material provided by McGill and Company for Purchaser, not specifically mentioned herein, shall be considered an extra.

·         Except for any special written guarantees made a part of this proposal; our guarantee on material is one year from date of delivery.

·         Modular-Office.com is not a contractor; permits, architectural services, engineering, licenses or bonds are not included. Building code compliance is the responsibility of the customer. All orders are FOB factory and are subject to Modular-Office.com terms, conditions of sale and warranty. Delivery dates are subject to change.

·         Purchaser cannot cancel the Proposal or Purchase Order after acceptance unless agreed to in writing by McGill and Company.  Purchaser agrees there may be a cancellation charge of 50% or more of the contract price.  We reserve the right not to accept any returns.

·         McGill and Company does not agree to participate in any claims for liquidated damages for any reason whatsoever.

·         A service charge of 1 1/2% per month (annual rate of 18%) will be charged on past due accounts.  Purchaser agrees to pay interest and costs of collection (attorney fees and court costs) if McGill and Company incurs such costs.  Should any court action for collection be required, that court action will be initiated in the State of Tennessee.

·         No other agreement oral or written, expressed or implied, shall limit or qualify the said terms and conditions of this proposal.

•  The products as described above are based on National Partitions Inc., Porta King, Cogan Wire, and others standard specifications.  The prices quoted do not include plumbing, unloading, bulbs, or electrical hook up.  The compliance with appropriate state and local building codes, including permits and engineering calculations, as well as applicable taxes, is not included in this quotation.

• If any provision of this order is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable it is to that extent to be deemed omitted, and the remainder of the order shall in no way be affected or impaired thereby.

•  In the event that any Standard Sales terms of McGill & Company or User Terms and Conditions is found non enforceable all other shall remain in effect.

Shipping

• Offices are shipped LTL or truck load.  Payment may be freight collect due on delivery or billed to the users freight account.  We also offer per pay and add.  Modular Office pays the freight and bills the user cost of the freight plus 10%. Unless otherwise noted, the prices quoted do not include off loading, building installation, electrical hook-up, climate control installation, permits, engineering calculations, or architectural-type drawings.  If you need a lift gate truck or a flat bed trailer it will be an extra charge unless noted in the quotation.

Taxes

We collect sales tax from the State of Tennessee where we have an office.  Any other Taxes sales or Use taxes or what ever type of tax is the responsibility of the buyer.

National Partitions Service Terms

IMPORTANT SERVICE AND CLAIM POLICY:
If you require field service, repairs, or have any other claim, National Partitions policy requires  notification no more than 30 days after the shipment and approval PRIOR to proceeding. Please take these necessary steps first:
1. Contact the Service Team Email: service@n-p.com or Telephone/Fax 888-818-5754
2. Wait for your written approval before proceeding. All claims will be approved in writing and will be sent to you via the ticket system email. After approval, repairs will be scheduled by our Service Team or we will authorize someone else to make the repairs and issue a Purchase Order.
3. Reimbursement for authorized work is to be billed to National Partitions referencing our Purchase Order Number. Deductions from invoices are not allowed.
National Partitions reserves the right to perform all necessary repairs or authorize others to make the repairs, at its option.
NOTE: Unauthorized claims or repairs will not be honored and will void the factory warranty. Liability for any claim shall be limited to the amount charged for that item. 
 

This Agreement shall be construed in accordance with the laws of the

State of Tennessee, and the parties irrevocably consent to

bring any action to enforce this Agreement in the Federal or state courts

located in Memphis, Tennessee. This Agreement constitutes the entire agreement

between the parties with respect to the subject matter hereof, and

supersedes all previous written or oral agreements between the parties and

no waiver by either party shall be deemed a waiver of any preceding or

subsequent breach or default.

This Agreement shall be construed in accordance with the laws of the

State of Tennessee, and the parties irrevocably consent to

bring any action to enforce this Agreement in the Federal or state courts

located in Memphis, Tennessee. This Agreement constitutes the entire agreement

between the parties with respect to the subject matter hereof, and

supersedes all previous written or oral agreements between the parties and

no waiver by either party shall be deemed a waiver of any preceding or

subsequent breach or default.