R-2026-051 - 3/12/2026 RESOLUTION NO. R-2026-051
WHEREAS, the City of Round Rock ("City") desires to purchase demolition and installation
services related to divider curtains at the Round Rock Sports Center, and
WHEREAS, the City is a member of the Sourcewell Cooperative, a cooperative purchasing
program, and
WHEREAS, 1421 Group, Inc. is an approved vendor of the Sourcewell Cooperative, and
WHEREAS, the City desires to purchase certain goods and services from 112I Group, Inc.
through Sourcewell Cooperative Contract No. 050924-PTA, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement
for Purchase and Demolition and Installation Related to Divider Curtains at the Round Rock Sports
Center with 1-12I Group, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and
incorporated herein.
The City Council hereby finds and declares that written notice of the date,hour,place and subject
of the meeting at which this Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and the subject matter hereof were
discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,
Texas Government Code, as amended.
RESOLVED this 12th day of March, 2026.
CRklo MOR AN, Mayor
City of Rou Rock, Texas
ATT T:
ANN FkANKLIk, City Clerk
01 12.20252
EXHIBIT
A
CITY OF ROUND ROCK A REEMENT FOR
PURCHASE AND DEMOLITION AND INSTALLATION
RELATED TO DIVIDER CURTAINS
AT THE ROUND ROCK SPORTS CENTER WITH
H2I GROUP, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase of demolition and installation services
related to divider curtains at the Round Rock Sports Center, and for related goods and services
(referred to herein as the "Agreement"), is made and entered into on this the day of the
month of , 2025 by and between the CITY OF ROUND ROCK, a Texas
home-rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (referred to herein as the "City"), and H2I GROUP, INC., whose offices are located
at 7240 Brittmoore Road, Suite 110, Houston, Texas 77041 (referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to purchase certain deliverables, demolition and services related
to divider curtains at the Round Rock Sports Center and City desires to procure same from
Vendor; and
WHEREAS, City is a member of the Sourcewell Cooperative Purchasing Program
("Sourcewell") and Vendor is an approved Sourcewell vendor; and
WHEREAS, City desires to purchase of certain goods and services from Vendor through
Sourcewell Contract No. #050924-PTA as set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell same. The
Agreement includes Vendor's Proposal, attached as Exhibit "A," and incorporated herein by
reference for all purposes.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE, TERM, PRICES FIRM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate upon the installation of the divider curtains as
described in Exhibit "A."
C. Prices shall be firm for the duration of this Agreement. No separate line-item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
D. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference to
the terms and conditions of this Agreement.
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4.01 SCOPE OF WORK
Vendor shall satisfactorily provide all goods and complete all services described in
Vendor's Proposal, Exhibit"A,"attached hereto and incorporated herein.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services must be negotiated and
agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as
described herein.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor$200,922.00 for the goods and services set forth in Exhibit"A."
6.01 INVOICES
All invoices shall include, at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
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later. Vendor may charge interest on an overdue payment at the "rate in effect" on September I
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
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Chad McKenzie
Sports Management and Tourism Director
221 East Main Street
Round Rock, Texas 78664
cmkenzie(a!roundrocktexas.go_v
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements set forth at insurance
requirements as required by the City's Purchasing Department as set forth at:
https•//www roundrocktexas gov/w-content/uploads/2024/12/CORR-Insurance-08-2024.pdf
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
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C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution)against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term
of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Agreement on behalf of Vendor verifies Vendor does not have a
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practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association, and it will not discriminate during the term of this Agreement against a firearm
entity or firearm trade association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1)does not boycott energy companies; and(2)will not
boycott energy companies during the term of this Agreement. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott energy companies, and it will
not boycott energy companies during the term of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
H2I Group, Inc.
7240 Brittmoore Road
Suite 110
Houston, Texas 77041
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock,TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
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21.01 APPLICABLE LAW,ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
s
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS H2I GROUP INC. j
By: By:
Printed Name: Primed
Title: Title: Pf Y Y
Date Signed: Date Signed: I —
Attest:
By:
Ann Franklin City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
Exhibit"A"
Vendor's Proposal
H21GROUP
H2I 1 G R O U P 15344 Vantage Pkwy.E,Suite 150,Houston,TX 77031 J l Ph:832.616.1060 l/ Toll Free:800.795.0696
0001*
PROPOSAL 126216 SOURCEWELL#050924-PTA
To: Round Rock Sports Center Date: 10-29-2025
ATTN: Jason Remmert Project: Divider Curtains
Location: 2400 Chisholm Trail Rd, Round Rock,TX 78681
Material, Freight,and Installation: $200,922.00
Divider Curtains:
• Demo/Haul off 7 existing center-roll divider curtains
• Installation of 7 Porter#2080 center-roll divider curtains
3 90' in length
4 68' in length
• Divider curtains will be identical to what was originally installed
• Dual torque arm drive assemblies
• Lower half of curtain to be Boz Fleximesh mesh (Red)
• Upper half of curtain to be 8oz Fleximesh mesh (Red)
• Powr-Touch operation
Qualifications:
1. Pricing is subject to revision after 30 days.
2. Current manufacturing lead time:10-12 weeks(as of 9-5-2025)from receipt of approved colors and verified field
dimensions.
3. We reserve our right to a schedule extension;or change orders for additional costs(including but not limited to material
escalation;labor rate increases;acceleration costs;shipping costs;storage costs;administration overhead;etc.)related to
any occurrence of an event which is outside of our reasonable control and which prevents us from performing our
obligations(Examples but not limited to: acts of God;strikes or other labor disturbances;delays in transportation;war;
acts of terrorism;epidemics;pandemics;(such as COVID-19);etc.).
h2iaroup.com
•� INFO h2i4roup.com
888.239.8747
`%%46, 112I GROUP
H2I 1 G R O U P 15344 Vantage Pkwy.f,Suite 150,Houston,TX 77031 11 Ph:832.626.1060 11 Toll Free:800.795.0696
000*
Excludes:
1. State Sales&Use Taxes. Purchaser by acceptance of this quotation agrees to furnish Tax Exemption Certificates when
requested on non-taxable materials,otherwise any applicable tax will be added at time of invoicing.
2. Any liquidated,consequential and/or actual damages clauses.
3. Any electrical work,connections,and materials(high or low voltage)
4. Any equipment cleaning not listed above
5. Any additional structural building support
6. Engineer stamps
7. Any custom graphics/colors
8. Storage of product on site/warehouse
9. Any products,parts,or services not listed above
10. Bonds
Note:Clean-up Is to be limited to removing all debris,dirt,and rubbish accumulated as a result of our installation to a dumpster
provided by others,leaving the premises broom-clean and orderly.
SEE LAST PAGE for Terms & Conditions
This proposal is based upon usage of the AGC/ASA/ASC"Standard Form Construction Subcontract,"1996 Edition or a subcontract
form otherwise acceptable to H21 Group,Inc.
TERMS: Net 30 Days
ACCEPTED: Company RESPECTFULLY,
Name H21 Group,Inc.
Date JT Spencer—Service Manager
JTSpencer(dh21group corn
(713)897-1017
h2iorouo.com
�. INFO(abh2ioroup.com
888.239.8747
H21GROUP
2 I . GROUP 15344 Vantoge Pkwy.E,Suite 150,Houston,TX 77032 11 Ph:832.626.1060 J I Toll Free:800.795.0696
PROPOSAL126216
H21 Group Inc. Terms and Conditions
General
These terms and conditions are a component part of the attached proposal and constitute the entire agreement between H21 Group Inc (hereinafter H21). By signing the proposal,
Customer acknowledges that they understand and accept the proposal and the following terms and conditions. All work shall be done in accordance with the attached proposal unless
otherwise provided for in wrifing and signed by H21. Applicable sales,excise and use taxes are not included unless otherwise stated in the proposal. Tax exempt enwes hereby
agree
to furnish tax exemption certificates when requested on non-taxable matenals. Material Only Contracts: Responsibility for the unloading,handling,storage,and installation of
material
transfers to the Customer upon shipment from the factory. Customer is responsible for receiving,unloading,and inspecting materials and filing freight claim for any shortage
or damage
of materials. Delivery and freight charges are not included unless otherwise stated in the proposal.
Site Conditions
A smooth,level,and dean sub-floor shall be provided or as required by H21 Maintain environment at proper temperature(55-80 degrees F.)and humidity(35-50%)before,during and
30 days following installation. Delays due to circumstances beyond the control of 1-121 shall entitle H21 to an equitable adjustment of time and contract price.
Acceptance
This proposal may be accepted within 30 days subject to credit approval. H21 reserves the right to revoke this offer prior to acceptance by customer Customer agrees that,by
signing,
grant authority to credit bureaus to release credit history information for the purpose of establishing credit with H21 and its subsidiaries H21 and its subsidiaries may,if
payment for work
performed by H21 will pass th u from a third party require a credit application,joint check agreement with the property ownerfend user if the property ownerlend user is a separate
entity
from the Customer,a copy of the Customers payment bond,and/or a personal guarantee,as a condition of credit approval. Customer agrees that payments received from a third party
for services performed by H21 shall be held in trust and first paid to H21 for material and labor costs paid by H21.
Installation
This proposal assumes unloading ane elevator use shall be conducted during normal business hours. This proposal is based on completing the work during normal business hours.
Overtime,evening,and weekend work is available at additional charge.Customer agrees to provide H21 with sufficient and timely unloading facilites,dock and elevator access as
needed
at no additional cost to H21. Customer shall provide temporary,secure storage fog materials prior to installation. Customer shall provide adequate electrical power,lighting,water,and
restroom facilities during installation. Customer shall provide area that is free and dear and prepared for installation.
Engineering
Al engineering,proposal drawings,specifications shall represent H21's investment in engineering skill and development and remain the property of H21. Such are submitted with
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understanding that the information will not be dlsdosed or used in any way detrimental to H21's interests.
Changes
Any requests for changes to the scope of work shall be made in writing with signed acceptance by authorized personnel from H21 and Customer.
Liability
H21 shall not be liable for damages in any form or any other claim arising out of strikes,floods,fire,accidents,or any other causes beyond our control. H21 shall not be liable
for liquidated,
consequential or any other damages or penalties of any kind for delays In completion of work. H21 indemnity obligations to the Customer and owner are limited to the liability
created by
the gross negligence of Haldeman Homme Holdings,as employees,or subcontractors. In the event the terms of this agreement conflicts with the Customer's proposal or purchase order
the partes acknowledge and agree the terms of this agreement shall control.
Payment
Payment in full will be due and payable thirty(30)days from invoice date. Customer agrees to pay progress-billing invoices during the course of the project reflecting partial
shipment of
material and/or partial completion of labor work performed. Where materials are stored or staged temporarily at the job site or in offsite or bonded warehouse,customer shall
pay for
materials and reasonable storage charges. The failure of the Customer to make payments within contract terms shall entitle H21,in addition to all other rights,to suspend all
work and
shipments and shall further all H21 to an extension of time of performance of the work. No payments shall be withheld from,or penalties assessed against H21 due to causes for
which H21 is not responsible.
Customer agrees that,1 the billed amount is not paid within terms,a service charge will be charged on the overdue balance at a percentage rate of 1 5%(18%ANNUAL PERCENTAGE
RATE)for all accounts. If the customer fails to pay the entire unpaid balance on the account when due H21 may without further notice or demand,exercise all rights and remedies
available
by law for the collection of the balance due on the account. H21 reserves the option to always exercise its lien rights in accordance with applicable law to secure collection
of amounts
due.Applicant will be liable for all expenses of collection with or without suit,including all court costs and reasonable attorney's fees to the extent under applicable slate
law. Venue shall
be the State District Court of Minnesota.
Disputes
Customer and H21 hereby agree that disputes between the parties which cannot be settled amicably,shall be settled through the Stale District Court of Minnesota.
Cancellation
An officer of H21 must approve cancellation requests in writing. In order to compensate H21 for its investment in engineering,time,processing and administrative work,approved
cancellations shall be subject to cancellation charge of 25`h of the contract amount plus the cost of materials produced or in production.labor or other services performed,freight,taxes
and any other oat of pocket expenses incurred by H21.
Warranty
THE MANUFACTURER EXPRESS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY H21,
Insurance
H21 maintains insurance and will provide certificates of insurance if requested on coverage and limits as provided by its insurance policy. No other insurance coverage is provided
including waiver of subrogation or additional named insureds.
Codes
Customer,architect and/or contractor shall be responsble for all local,state,and federal agency code compliance,permits,fees,design,engineering,and testing. H21 does not provide
professional liability or pollution insurance for any of these services. Costs for any and all such services are not included in this proposal-
Signature: ,._ _ __ NameDate: _
(Kase Print)
h2jgroup,COM
INFOCaih2iarour).COM
888.239.8747