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A COMPLETE WATER TREATMENT
PROGRAM AGREEMENT NATIONAL
CHEMICAL
PREPARED FOR
• Marathon Airport
9400 Overseas Hwy
Marathon, FL 33050
A Division of National Service Industries, Inc.
DATE SUBMITTED: 840 Selig Drive, $W
Atlanta, Georgia 30336
DESCRIPTION OF EQUIPMENT TO BE TREATED UNDER THIS AGREEMENT:
1 ea. 80 -ton Marley cooling tower and condenser
1 operating 24 hours per day, 7 days per . week
i
j PRODUCT /SERVICES TO BE PROVIDED BY NATIONAL CHEMICAL:
1) All chemicals and services to maintain a properly controlled
water treatment program
z) '1'o eliminate rust, scale, corrosion and algae
3) Monthly visits to test all treated water, with written reports
furnished to personnel in charge
4) Filling of all chemical tanks
5
CUSTOMER AGREES TO PURCHASE FROM NATIONAL CHEMICAL AND NATIONAL CHEMICAL AGREES TO SELL TO CUSTOMER CERTAIN PRODUCTS
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT AND INCLUDING THOSE TERMS ON THE REVERSE SIDE. IN ADDITION
ALL PURCHASE ORDERS, ACKNOWLEDGMENTS AND OTHER CORRESPONDENCE BETWEEN CUSTOMER AND NATIONAL CHEMICAL SHALL BE
DIRECTED TO THE FOLLOWING ADDRESS, AS APPLICABLE.
CUSTOMER: NATIONAL CHEMICAL
NAME: Marathon Airport National Chemical
ADDRESS: 9400 Overseas Hwy 660 West 18th Street
Marathon, FL 33050 Hialeah, FL
PHONE: 305_887 -8241
FAX:
STARTING DATE: November 1, 1997 ENDING DATE October 31, 1998
TOTAL PRICE PER MONTH $240.00 PER YEAR OTHER
AGREEMENT EXTENDED BY MUTUAL CONSENT? Y X N
NATIONAL CHEMICAL AND CUSTOMER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS.
� — B Y: l TONA MI
Cut R 3
BY: _ - lliam E. Munro
• TITLE: (nunt
y Arlmi ni strator TITLE: Regional Manager
•
DATE: 10/23/97 DATE: 10/1/97
- /APPROVED BY:
DISTRIBUTION: OPERATIONS, CUSTOMER SERVICE -
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•
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TERMS AND CONDITIONS
1. National Chemical's Warranty. National Chemical warrants to you that the products sold to you (the "Products"), when used as part of National Chemical's comprehensive water treatment program, will inhibit deterioration
to equipment resulting from scale, corrosion or deposit accumulations as long as the equipment to be treated has been properly identified, the recommended formulations are used strictly as prescribed, and prompt notice is given
in writing to National Chemical of any relevant changes or perceived problems.
THE WARRANTY SET FORTH ABOVE IS MADE EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES TO YOU, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
• 2. Your Remedies.
(a) In the event that any unit of the products purchased by you shag not conform to the warranty set forth above, your sole and exclusive remedy shall be to promptly notify National Chemical in writing of such nonconformance,
return the unused portion of such Products to National Chemical and receive a complete refund of the purchase pace of at retumed products and all nonconforming Products purchased by you from National Chemical during the
sixty (60) day period preceding your notice to National Chemical of such nonconformance. National Chemical shall bear all transportation charges in connection with the exercise of your rights under the warranty.
(b) ANY LIABIUTY OF NATIONAL CHEMICAL TO YOU, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, SHALL BE UMITED TO A SUM EQUAL TO THE PRICE
PAID BY YOU TO NATIONAL CHEMICAL FOR THE PRODUCTS OR PART THEREOF IN RESPECT OF WHICH YOU MADE A CLAIM AGAINST NATIONAL CHEMICAL AND NATIONAL CHEMICAL SHALL NEVER BE
RESPONSIBLE OR HELD LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED
SAVINGS OR TO THE EXTENT SUCH LIMITATION IS PERMITTED BY APPLICABLE LAW, DAMAGES RESULTING FROM PHYSICAL INJURY TO TANGIBLE PROPERTY OR DEATH OR INJURY OF ANY OF YOUR
EMPLOYEES, AGENTS OR INDEPENDENT CONTRACTORS, OR ANYONE ELSE.
3. Services. All services provided to you by National Chemical are ancillary to the sale of Products by National Chemical to you. Unless you and National Chemical expressly agree otherwise, all payments made by you to
National Chemical shall be deemed payments for Products supplied by National Chemical, and shall not be considered payments for services.
4. Taxes. The amount of any present or future sales, use, excise or other similar tax applicable to the Products shall be paid by you. or in lieu thereof, you shall provide National Chemical with a tax exemption certificate
acceptable to the taxing authority.
5. Entire Agreement. This Agreement is the entire agreement between you and National Chemical with respect to your purchase of Products and supersedes all prior oral and written agreements. No terms set forth in any
purchase order or other form or document, whether provided by you or National Chemical, shall modify or add to the terns set forth herein unless agreed to in writing by both you and National Chemical.
6. Miscellaneous. In the event that any one or more of the provisions, or parts of any provisions, contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of
competent jurisdiction, the same shall not invalidate or otherwise affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision or part of any provision had never been
contained herein. No waiver of any provision hereof shall be effective unless written and signed by the party against whom such waiver is claimed. Neither National Chemical nor you shall be liable for the failure to perform any
obligations under this Agreement (except for payment obligations) if such failure is caused by the occurrence of any force majeure beyond the reasonable control of such party. This Agreement and the sale of the Products hereunder
shall be governed by and construed in accordance with the laws of the State of Georgia.
DO NOT WRITE IN THIS SPACE
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MECHANICAL CONTRACTORS PROPOSAL FORM
DATE \ MASTER ACCOUNT #:
\
TO \ JOB
\
/ 1
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ATTN: ATTN: �
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IS THE PHYSICAL ADDRESS OF THE'•PROJECT THE THE SAME AS THE SHIPPING ADDRESS? Y ❑ No ❑
IF NOT, SHOW THE PHYSICAL ADDRESS HERE:
•
CONTRACTOR'S P. O. # DATE TO BR MGR FOR BILLING BY:
THE FOLLOWING IS A PRICE QUOTATION ON \ THE ABOVE REFERENCED JOB. ALL QUO TIONS ARE MADE ACCORDING TO BID
SPECIFICATIONS UNLESS NOTED AND EXPLAINED.\ NOTE: EQUIPMENT PRICES ARE EFFE VE FOR 1 MONTHS FROM ABOVE DATE.
\
TOTAL COST OF CHEMICALS (NUMBER OF MONTHS ) OUNT
TOTAL COST FOR CLEANING ALL SYSTEMS SERVICE ONL AMOUNT
TOTAL COST FOR ALL EQUIPMENT AS PER BID SPECIFICATIONS' AMOUNT
, / FREIGHT
\ /
' TOTAL QUOTE
\ HOME OFFICE USE ONLY
NO. OF DESCRIPTION % \ COMPUTER MSP SHIPPING
ITEMS \` NUMBER FACTORY
0
\
/ \ \\
/
REPRESENTATIVE:
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INTERNAL CONTRACT PROPOSAL FORM
ESTIMATE SHEET
DATE: 10/1 /97 NEW X RENEWAL ACCT #
BILLTO: Marathon Airport SHIP TO: Same
9400 Overseas Hwy.
Marathon, FL 33050
P. O. #: PHONE #
CQNTRACI'7f1 BE B1LLZ YEARLY$ QUARTERLY$ MONTHLY$ 240.00
TOTAL ESTIMATES SERVICE AND BILLING DATES
TOTAL COST OF CHEMICALS: STARTING (MO/YR)
TOTAL COST OF FREIGHT: ENDING (MO/YR)
TOTAL COST OF EQUIPMENT FREIGHT INCLUDED IN CONTRACT PRICE
IF APPLICABLE: ES NO
TOTAL COST OF CLEANING SYSTEMS BILL EQUIPMENT IMMEDIATELY
IF APPLICABLE: IN THE AMOUNT OF:
TOTAL QUOTE EQUIPMENT INCLUDED IN CONTRACT PRICE•
NO
ESTIMATED CHEMICAL USAGE
FORMULA QUANTRY /SIZE REQUIRED PRICE EACH TOTAL PRICE ESTIMATED FREIGHT
1300 -15 -L 5 ga1 /20 ea 70.C2 1412.40
5 ga1 /10 ea 78.80 788.00
EQUIPMENT FURNISHED
# OF ITEMS DESCRIPTION MSP PRICE
N/A
CLEANING OF SYSTEM
CHEMICALS NEEDED PRICE
N/A
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