Services Addendum

Installation Addendum to Sale of Goods Terms and Conditions

 

The following Addendum shall modify and supplement the Sale of Goods Terms and Conditions (“Terms”) between you (“Buyer”) and Interspace Living NY LLC and shall be incorporated by reference therein. This Addendum sets forth the terms and conditions of the installation of the Goods (the “Installation”) governed by the Terms.

  1. Installation Cost. Buyer acknowledges that the cost of installation is in addition to and not included in the Total Contract/Purchase Price payable under the Terms. Buyer further acknowledges that unless quoted separately as warehouse, storage or warehouse processing, any base installation quote provided by Seller is contingent upon Seller’s ability to unload, stage and place units directly onsite without the need of a third party facility. The use of a third party facility will result in additional costs to be paid by Buyer. 
  2. Installation Dates. Buyer will notify Seller of any change in the Delivery Date no later than 30 days prior to the Delivery Date. For the avoidance of doubt, any changes to the Delivery Date by Buyer shall be approved by Seller in its sole discretion, and may be subject to additional charges.
  3. Installation Instructions. Seller shall deliver the Goods according to detailed instructions provided to Seller by Buyer (the “Instructions”), setting forth the pieces that are to go into each room and diagrams of each room showing where each particular piece of Goods is to be placed. The Instructions and Unit/Furniture list shall be provided by Buyer to Seller not later than 45 days prior to the Delivery Date, and shall not be subject to changes at any time following their initial provision unless subject to change order.
  4. Buyer Responsibilities. Seller’s obligation to perform under the Terms are conditioned upon the following, to the extent applicable, being true and correct at the time of Installation. Buyer acknowledges that any deviation therefrom may require a change order and necessitate additional costs to be paid by Buyer. Any change order (invoice sent via email acceptable) not objected within three (3) days of submission by Seller will be deemed approved by Buyer:
    1. During Installation, Buyer will provide Seller with unimpeded access to each location of Goods Installation, including, but not limited to, entrances and exits, stairwells, one (1) dedicated elevator on independent mode when 3 stories or greater, doorways, hallways, units, and dumpsters, and agrees that Seller’s obligation to install Goods is expressly conditioned on Seller’s ability to access each Installation location’s entrances and exits, stairwells, elevators, doorways, hallways, units and dumpsters, as applicable during the time Seller is on-site for delivery.
    2. At the time of Installation, unless noted otherwise in the Quote, there will be no other trades, visitors or other persons will be simultaneously working in or around the units or otherwise interfere with building access, elevator use, or any other aspect of the installation.
    3. Each building into which Goods is to be delivered will have an unconditional Certificate of Occupancy (''C of O”). In the event that a C of O has not been issued for any such building, Buyer represents and warrants that the lack of such C of O will not prevent, obstruct, impede, slow or otherwise interfere with the Installation.
    4. An area for parking and unloading shall be provided for Seller’s exclusive use within 50 feet of the entrance to the building into which Goods is to be installed. Unloading will not be necessary beyond 50 feet from the building(s) and double handling of products will not be required due to restricted access.
    5. Adequate electrical power, and access to such adequate electrical power, will be available to Seller at all times during the Installation.
    6. Any and all mechanical or structural conditions or installations, necessary or appropriate to facilitate the placement and/or attachment of any Goods will have been prepared by Buyer, including but not limited to service or utility lines, final connections, electrical conduits, junction boxes, electrical and communication hardwire connections, plumbing and any other such matter requiring licensed trades.
    7. Unless noted otherwise in the Quote, Buyer will provide, at Buyer’s expense, two (2) dedicated dumpsters with the volume equivalent of 1 40 cubic yard per day on-site at Delivery Location in the Delivery Window to collect the boxes, cartons, containers and other trash resulting from the Installation and assembly process. Buyer will provide, at Buyer’s expense, trash removal service for dumpsters at regular non-delayed intervals for use solely in connection with the removal of trash resulting from the Installation and assembly process. If noted in the Quote that dumpsters are Seller’s responsibility, then Buyer will provide a dumpster location within 50 feet of the staging area.
    8. Unless specified otherwise, the Installation will be a single phase, continuous process, and there are no conditions, limitations or other impediments which will cause or result in a multi-phase non-continuous process.
  5. Occupied Units. Buyer shall provide duly authorized, competent representatives (number of representatives required by Seller will depend on the percentage of occupied units) to accompany, and be present at all times, with any of Seller’s personnel (including personnel of Seller’s subcontractors, if any) who enter, install Goods in, or work in all residential units that are occupied by residents thereof.  The parties acknowledge that the purpose this Section is to minimize unwarranted claims of theft or damage to the personal property of residents of occupied units, which Buyer acknowledges shall be its sole responsibility.
  6. The following additional installation terms shall apply:
    1. Unless otherwise specified, Seller shall only be required to complete installation during the following weekday hours: 8:00am through 5:00pm. Any overtime and weekend labor requested by Buyer or otherwise related to Buyer requesting acceleration for a Buyer delay will be compensated at a rate of 150% of the hourly rate.
    2. Buyer and Seller agree to comply with the installation schedule as shown on the Unit/Furniture list t to be provided by Buyer to Seller in accordance with Section 3 herein.
  7. Labor. The Purchase Price is calculated on the assumption that private contract labor will be used for delivery, installation and assembly of Furniture. If Buyer requires that union labor be used instead of private contract labor, Buyer agrees to pay Seller the amount of any increase in Seller’s delivery, installation and assembly costs, which payment is due and payable immediately following installation. If Buyer requires that union labor be used for delivery, installation and assembly, Buyer agrees to provide notice to Seller 45 days prior to the Delivery Date. If Buyer does not notify Seller that union labor is required within 45 days prior to the Delivery Date, Buyer agrees to reimburse Seller for any out-of-pocket expenses Seller incurs in connection with canceling private contract labor and re-scheduling delivery and installation, including any fees, penalties and additional travel costs.