US Furnaces Contract Example

Contract for Manufacture of Goods

  1. Names

    US Furnaces, LLC, a New York limited liability company (Seller), and Customer Company Name (Buyer), agree
    to the following terms.

  2. Property Description

    Seller agrees to manufacture and sell to Buyer, and Buyer agrees to buy from Seller, the following
    property:

    • US Furnaces LLC
      Max-4000
      Aluminum Sweat Furnace.

    Seller will manufacture the property according to the specifications that are designated

    Attachment 1 to this contract.

  3. Purchase Price

    The purchase price of the property is $191,000.

  4. Down Payment

    Buyer will make a down payment of $114,600 when this contract is signed. This down payment will be
    applied toward the purchase price.

  5. Time of Payment

    Buyer will pay Seller the purchase price less the down payment in installments according to the schedule
    established in Attachment 2.

  6. Delivery

    Seller will deliver the property to Buyer by Month, Day, Year:

    • Address
    • City, State, Zip
  7. Bill of Sale

    Concurrently with the delivery of the property to the Buyer, Seller will execute and deliver to Buyer and
    transfer ownership of the property to Buyer through a bill of sale.

  8. Security Interest

    Seller will retain a security interest in the property. At the time the property is delivered to Buyer,
    Buyer will sign and deliver to Seller a security agreement and UCC financing statement giving Seller a
    security interest in the property until the purchase price has been paid in full.

  9. Other Terms and Conditions

    Contract Other Terms and Conditions

    Price of equipment as stated in this contract is good for a period of 30 from the date signed by the
    seller. A new contract will be required after the 30 day deadline.

    Buyer is responsible for the following:

    1. All shipping from points of manufacture (main furnace, refractory, burners & control components).
      Note that a one time travel fee for bringing in our portable shop and office along with the valve
      trains, control panel, and associated components will be included in the itemized shipping invoice,
      in addition to the contracted price of the furnace. Average freight total is $7,500.
    2. All crane and rigging fees.
    3. All labor personnel for pouring material and assembly of the unit: 2 of your men (preferably the
      future furnace operators) throughout the entire project. 2 extra men will be required for labor
      during times of mixing and installing material (3 four hour sessions).
    4. A welder will be required for mounting brackets, installing forms, shields (materials provided by
      seller). We will instruct the welder in the fabrication of loading tables, rake- out tools, tracks,
      etc. (materials supplied by buyer).
    5. An electrician will be required to run electrical service, disconnects, conduit and wire to our
      control panel. Electrician will also run conduit and wire between control panel and main junction
      box on the furnace, and to junction boxes (located at each burner). All electrician service and
      materials fees to be paid for by the buyer.
    6. A plumber will be required to run the main gas service to the furnace (valve trains supplied by US
      Furnaces).
    7. All permit fees and service fees are to be paid by the buyer. US Furnaces will assist buyer and
      environmental engineers with the permit process and guarantees compliance as per state and federal
      regulations. US Furnaces and Recycling Services International will not be held responsible for
      delays in permit issuance. Final payment is due upon completion of the installation.
    8. It is advisable that at least one of your maintenance personnel assist us and be available for full
      maintenance and troubleshooting procedure training while all burner components are being installed.
    9. The average start up time is 4 weeks from the date of the arrival of the installers (Recycling
      Services International). Should any delays be caused by outside contractors, gas companies,
      electrical suppliers, permit issuance, or lack of personnel required, listed in items 2 through 8,
      extra charges will apply. The balance of the total purchase price will also be due at that time.
    10. Extra charges will be paid to Recycling Services International, LLC at a rate of $650 per man, per
      day plus travel & living expenses for all days caused by delays as described in item 9.
  10. Entire Agreement

    This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements
    between the parties, as well as any prior writings.

  11. Successors and Assignees

    This agreement binds and benefits the heirs, successors and assignees of the parties.

  12. Notices

    All notices must be in writing. A notice may be delivered to a party at the address that follows a
    party’s signature or to a new address that a party designates in writing. A notice may be delivered:

    • in person
    • by certified mail, or
    • by overnight courier.
  13. Governing Law

    This agreement will be governed by and construed in accordance with the laws of the state of New
    York.

  14. Counterparts

    The parties may sign several identical counterparts of this agreement. Any fully signed counterpart shall
    be treated as an original.

  15. Modification

    This agreement may be modified only by a writing signed by the party against whom such modification is
    sought to be enforced.

  16. Waiver

    If one party waives any term or provision of this agreement at any time, that waiver will be effective
    only for the specific instance and specific purpose for which the waiver was given. If either party
    fails to exercise or delays exercising any of its rights or remedies under this agreement, that party
    retains the right to enforce that term or provision at a later time.

  17. Severability

    If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity
    or unenforceability will affect only that provision and will not make any other provision of this
    agreement invalid or unenforceable and shall be modified, amended or limited only to the extent
    necessary to render it valid and enforceable.

SELLER

US Furnaces, LLC,

a New York limited liability company 20 Roosevelt Blvd.

Cohoes, New York 12047

Dated:________________________________________________________________

By:_________________________________________________________________
Dave Conway
USF, LLC. Member

BUYER

Company Name

Address.

City, State, Zip

Dated:_________________________________________________________________

By:_________________________________________________________________
Officer Name
Authorized Agent

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