MOTION FOR JUDGMENT CONCRETE SUPERSTRUCTURES INC only RESULT: Granted 6/28/2021 HON ROBERT YOUNG June 11, 2021 (2024)

 
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 DOCKET NO.: NNH-CV-19-5047135-S SUPERIOR COURT)ULMA FORM-WORKS, INC. J.D. OF NEW HAVENIV. AT NEW HAVEN(CONCRETE SUPERSTRUCTURES INC. AND367 ORANGE STREET LLC JUNE 11, 2021 PLAINTIFF’ S MOTION FOR JUDGMENT AS TO CONCRETE SUPERSTRUCTURES INC The Plaintiff move this court to enter a judgment against the above-captionedDefendant, CONCRETE SUPERSTRUCTURES INC only, in favor of the Plaintiff in theamount of $240,096.81. In support of this Motion the Plaintiff submits the attached A ffidavitof Debt, Affidavit of Attomey Fees and Bill of Costs. The Defendant has been defaulted forFailure to Disclose a Defense. See Dkt#118.10. The judgment sought consists of: Balance Due $231,232.81 Attomey Fees $8,046.50 Costs $817.50 Total $240,096.81 On or about May 23, 2018, ULMA FORM-WORKS, INC. (“ULMA” or the“Company”) entered into a commercial sales and lease agreement (the “Agreement”) withCONCRETE SUPERSTRUCTURES INC. (“CONCRETE SUPERSTRUCTURES”), whereby Hassett & George, P.C. 945 Hopmeadow Street, Simsbury, CT 06070 1 (860) 651-1333 Fax (860) 651-1888 Juris No. 407894.ULMA agreed to supply and/or rent CONCRETE SUPERSTRUCTURES certain materialsand equipment for its concrete forming and/or shoring systems (the “Equipment’) from time totime to use for a project (the “Project’”) at a jobsite known as “Audubon Square New HavenCt” and located at 367 Orange Street in New Haven, Connecticut (the “Property”). The[Agreement is attached as to the Affidavit of Debt as ExhibitA (“Ex. A”). From approximately July 2018 to May 2019, ULMA rented Equipmentto CONCRETESUPERSTRUCTURES as requested from time to time in accordance with their Agreement and]ULMA issued CONCRETE SUPERSTRUCTURES itemized invoices. See Affidavit of Debt(“AOD”), 16. CONCRETE SUPERSTRUCTURES accepted the Equipment and.responsibility to pay for the Equipment and made payment for certain invoices, but not all ofthem. AOD, 917. There is currently an outstanding account balance owed by CONCRETESUPERSTRUCTURES to ULMA in the amount of $231,232.81, excluding interest and legalfees and costs. AOD, 118. A true and accurate copy of ULMA’s account ledger showing thebalance owed is attached to the Affidavit of Debt as ExhibitB. The invoices which(CONCRETE SUPERSTRUCTURES has not paid are contained in Exhibit C attached to theAffidavit of Debt. The Agreement provides for reasonable attomey’ s fees and costs if ULMA should have Hassett & George, P.C. 945 Hoy Street, Simsbury, CT 06070 2 (860) 651-1333 Fax (860) 651-1888 Juris No. 407894to take collection action on any unpaid debt. Ex. A, p. 11, § 19(b). ULMA has incurrecattomey fees in the amount of $8,046.50, see Affidavit of Attomey Fees, and costs of $817.50.See Bill of Costs. Therefore, the plaintiff respectfully moves this Court to grant this Motion for Judgment, PLAINTIFF, By: [s/ 414833 David C. Yale, Esq. Jared M. Alfin, Esq. Hassett & George, P.C. 945 Hopmeadow Street Simsbury, CT 06070 Telephone No.: (860) 651-1333 Facsimile No.: (860) 651-1888 Juris No. 407894 Hassett & George, P.C. 945 Hoy Street, Simsbury, CT 06070 3 (860) 651-1333 Fax (860) 651-1888 Juris No. 407894.CERTIFICATION This is to certify that on the date first above a copy of the foregoing has been sent first class mail, postage prepaid, or via electronic delivery, to the following appearing and.mon- appearing parties: (Christopher G. Winans, Esq. 98 Mill Plain Road, Suite 2ADanbury, cT 06811\chris@cgwinansesq.comPeter E. Stmiste, Jr. Gordon & Rees LLP 95 Glastonbury Blvd, Ste 206Glastonbury, CT 06033[pstmiste@grsm.com /s/ 414833 BSI 1099 David C. Yale Hassett & George, P.C. 945 Hoy Street, Simsbury, CT 06070 4 (860) 651-1333 Fax (860) 651-1888 Juris No. 407894.DOCKET NO.: NNH-CV-19-5047135-S SUPERIOR COURTULMA FORM-WORKS, INC. J.D. OF NEW HAVENVS. AT NEW HAVENCONCRETE SUPERSTRUCTURES INC. AND367 ORANGE STREET LLCAFFIDAVIT OF DEBTI,_Michelle Gerred , being duly swom, hereby deposes and say: 1. Iamover the age of eighteen (18) years and understand and believe in the obligation of an oath. Tam the @ representative for ULMA FORM-WORKS, INC. (“ULMA” or the “Company”), and the plaintiff in the above-captioned action, and have personal knowledge as to the debts owed by the defendant, CONCRETE SUPERSTRUCTURES INC. (“CONCRETE SUPERSTRUCTURES’) to the Company. On or about May 23, 2018, ULMA entered into a commercial sales and lease agreement (the “Agreement”) with CONCRETE SUPERSTRUCTURES, whereby ULMAagreed to supply and/or rent CONCRETE SUPERSTRUCTURES certain materials and equipment for its concrete forming and/or shoring systems (the “Equipment’) from time to time to use for a project (the “Project”) at ajobsite known, as “Audubon Square New Haven Ct” and located at 367 Orange Street in New Haven, Connecticut (the “Property”). The Agreement is attached as Exhibit A. 4. The document contained in Exhibit A was created in the normal course of the plaintiff’s business, it is the plaintiff’ s normal course of business to create documents such as contained in Exhibit A, and Exhibit A was created at the time the agreement wasentered into. 367 ORANGE STREET LLC is the owner of record for the Property. From approximately July 2018 to May 2019, ULMA rented Equipment to CONCRETE SUPERSTRUCTURES as requested from time to time in accordance with their Agreement and ULMA issued CONCRETE SUPERSTRUCTURES itemized invoices. CONCRETE SUPERSTRUCTURES accepted the Equipment and responsibility to pay for the Equipment and made payment for certain invoices, but not all of them. There is currently an outstanding account balance owed by CONCRETE SUPERSTRUCTURES to ULMA in the amount of $231,232.81, excluding interest and. legal fees and costs. A true and accurate copy of ULMA’s account ledger showing the balance owed is attached as Exhibit B. All information on CONCRETE SUPERSTRUCTURES’ account is maintained on a computer system known to be accurate. The unpaid invoices are contained in Exhibit C. It is the normal course of business of the plaintiff to create invoices such as those contained in exhibit C, the invoices in exhibit C were created in the normal course of the plaintiff’ s business and the invoices in exhibit C were created at the time the transactions were entered into.10. Despite demand, CONCRETE SUPERSTRUCTURES has failed and/or refused to timely pay for the Equipment provided, which constitutes a breach of contract, among other things.11. The Agreement provides for reasonable attomey’s fees and costs, as well as interest on the unpaid balance. Ex. A, p. 11,§ 19(b).12. ULMA seeks a judgment against CONCRETE SUPERSTRUCTURES in the amount of$240,096.81 as follows. Balance Due $231,232.81 Attomey Fees $8,046.50 Costs $817.50 Total $240,096.81 13. This affidavit is made in support of ULMA’s motion for judgment. 14. Lam not aware of any valid defenses, counterclaims or set-off to ULMA’s claim for damages. 7 Affiant: J A ie Print Name:Michelle Gerred, attorney in fact Subscribed and swom to before me this) (aay of _ Mo » 2021. TALoks \\\I/ Me LINDSEY SNYDER Print Name: Linds: \ Sayde4 NOTARY PUBLIC Notary Public * STATE OF OHIO My Commission Expires_ 2.9.93 A Recorded In Lake C% “ ee My C ‘omm. Exp. 2/21/2023 UT WOExhibit A - Page 1 of 12J ULMA Construction 1300-2018-0-US-000040-v1 5 CONCRETE SUPERSTRUCTURES INC. Audubon Square New Haven Ct PROPOSAL 5/22/2018 gees ose ay Be ULMA FORM WORKS, INC, adqueatars « 78-05 Fouts 208 Suita Ls » Pals Lawn, Mi07430 « T (20n) B42-1 922 © F (581) 222-6001 MigeAttantis Brbrehy © S809 ODonnall Siredi, Subs 140 » Batimece Maryacd 21224 « 7 1423) 2B-GRS2 © F (443} 298-0860 hnsadhewrn vimsconytnvetinn siExhibit A - Page 2 of 12 ULMA Construction 1300-2018-0-US-000040-vi EASCustomer JobsiteGONCRETE SUPERSTRUCTURES INC, Audubon Square New Haven Ct18 WALNUT STREISEYMOUR CONNECTICUT 06483 New Haven CONNECTICUTAttention: Deuglas Cartelli Uo40B3tDear Douglas Cartelli ,Thank you for considering ULMA Form Works, Inc. as your concrete form suppiler. Below you will find ourProposal for your review. We have prepared this proposal for your use fn evaluating a forming and/or shoringsystem for the above rafaronced project.oni our offitem 1: Shoring using Alupreps, Aluminurn Stingers and H20 Beam to support Partial 1st Level Elevated Slab a 1S toto certs gh) ge) oo)item 4:Adational invoicing Item 5: Terms and Conditions{tis a pleasure to provide you with this proposal. | remain at your disposal should you require any clarification oranything further.in order to plocead, please sign this agreement and retum it for an authorized signature. We will return anexecuted duplicate to you. Please feel free to contact us if you have any questions.We look forward to working with you and your sam.Priced competitively, stocked adequately, and accompanied by one of the best groups of supportServicas ever assembled, we at ULMA are indeed a formidable aily.Regards,Carlo CoppolaSener Account Manager .Cell: (978) 954 8989All prices are quoted F.O.8 Shipping Polnt. This proposal is valld for 30 days from the above data and shell bebinding upon ULMA Form Works Inc. only upon credit approval and when countersigned by an Authorized Officerat its main Office in Fair Lawn,ACCEPTED BY:Customer's Authorized Signature:By: ddealis Cems s/s Za € Print NameULMA FORM-WORKS, INC. Signature:By: EiAKNKC CoéA VEEN. efit lie” Print Namo Data &) ULA FORM WORKS, INC. Hezdquartgen ¢ 16-00 Raza 208 Sia th4 » Felt Love, M7400 * T (209) 082-1322 » F (S51) 224-8001 td aulantic Branch » 3600 Suter, Suits 160 » Oolkmere, Marland 21224 « T 45)286 GAS? « F (409) 295-9850,Exhibit A - Page 3 of 12\JULMAConstruction 1900-201: Bro-US-oono40-v4“ ENKOFLEX H20 WOOD BEAM SLAB FORMWORK SYSTEMVersatile, adaptable, safeULMA's ENKOFLEX Shoring system is designed to support small or large areas of deck slabs up to virtuallyany thickness and fs well suited for beams and slabs as weil as slabs with varying thicknesses. The independentbeams provide great versatility. it is adjustable to irregular geometries and to other formwork systems for infillingsolutions,FEATURES & BENEFITS ® Simple and easy to assemble, ENKOFLEX utillzes few system components: ALUPROP, Brace Frame, heads, Aluminum Stringer and H20 wood beam or 3x4 lumber joist by contractor. ® ALUPROP maximum height with single prop: 19 ft, - 8 in (22 ft.» 11 in with a 3 ft. - 3 in ALUPROP extension) and a maximum load (at S to 1 safely factor) make it the perfect solution for most shoring applications. At minimum extension with 1.65 prop 20,700 Ibs. At maximum extension with 4.5 prop (without ALUPROP extension) 7,100 lbs. The ALUPROP aluminum bracing frame allows for a safe and fast connection of props and erection of towers Great versatilily for differant slab geometries, thickness and heights based on beam grid jayout and shoring used. ENKOFLEX can be supported with props, shoring towers or frame shoring, depending on height requirements. = Ee ce oe i | J eS ui i besMore fofo... ULMA FORM WORKS, INC, Resdquartere « 16-60 Routn 208 Suita LL © Foi Lawn, N2 O7610 « 7 (201; 882-1122 a F (561) 224-6001 Palg-Attnatie Branch + 3600 OTennes Streat Sua 150 » Batomoro. Maryland 21224 » T =A2) 295-9842 @ F (423) 205-0860 late ayermvelmnsoaineatignesExhibit A - Page 4 of 12/ULMAConstruction 1300-201 S-oS-00004001item 1: Sharing using Aluprops, Aluminum Stringers and H20 Bearn to Support Partial 15 Level Elevated Slab For pricing purposes, we are quoting shoring using Alu-Props, Aluminum Stringers and H20 Wood Beams to Support Partial ist Level Elevated Slab for approximately 30,000 sq. ft. (16°-5” +/- Floor High) as a representative price below. Any additional equipment requested will ba billed atthe same rentals quoted. on this proposal.. Ulma proposas to supply its Alu-Props, Aluminum Stringers and H20's to shore the elevated slabs.The system utilizes Uima’s Alu-Prop with Tripods along with Aluminum stringers. The Alu-props long4'-11" screw jack is integrated into the shore which greatly reduces assembly time and gives greatflexibility. The Aluminum stringers and H20’s allow larger spacing of the Alu-Props greatly reducing theamount required resulting in less labor,INCLUDED EXCLUDED * ALUPROP Props 4.5 to 6.0 (14'-9" to 19-8") © Applicable Sales Taxes ® ALUPROP Pallats © Planking ® Aluminum Stingers ® Handrails @ H20 Wood Beams © Guardrails ® Tripods/ Braces (2-Towers per 1,Q00SF) ® Toe boards ® All Connecting Hardware © Bulkheads © Ladders ° Lumber fbox-out 8 Job-built fiers a Plywood a Lumber ® Sale items and freight (priced separately) @ Re-Shoring design & material ® Engineering ® Cleaning a=To Support Partial 1* Level elevated Slab (16'-5" +/- Floor High)Offered QuantityApproximately 30,000 SFDescription of UseMaximum Design Load: 10 Kips per legShoring Height: Approximately (16"-S" +/-)Slab thickness 10”Approximate list price of rental equipment $1,020,000.0028 day rental at 2.5% of list price $___25,500.00/ 28 day rental ULMA FORM WORKS, INC. vertats» 16-9 auto 206 Suit Lis o Falr| awe, NIGTSIO # T (201) 882-0122 = F (881) 224-8001 Misvatientic Branch « 3600 ODonned Seer Suko 180 « Aatmeta, Maryan 2}224 « T (643) 250.0887 o F (443) 2Re-9860 hip Jose vier onateurtien ysExhibit A - Page 5 of 12 ULMA 1400-2018-0-US-000040-v1 Construction é Crane-set Formwork MEGAFORMEffective, efficient, robust forming system f ‘ ffULMA’Sinches’ MEGAFORM Gang Form System is a Clamp Type Gang Form System, man 1includes sul Incorporaling “state-of-the-art” design features. # assembles faster than conv antially more built-in features than other similarly advertised systems. Lf ot lured “in feet and fonal systams andFEATURES @ Design Strei th — Rated up to 1650 PSF for walls; 1850 PSF for colum © Imperial Meastyements — The entire system is fabricated in Imperial its so it’s user-triendly. @ Various Sizes indard Panel heights are 2-0", 4'-0", 0", 10'-0% idths can be as smail as 4", all the way to 8”-0". e Multifunctional Univ at panels designed to form comers, pijdsters, columns and irregular seomeies. Universal panels ate supplied in 58" and 31" widths with heig ranging from 2-0", 4’-0", 8-0", 10". se ® Stripping Corners— To ea ly strip the forms in tight areas,Such as cores, ot between pilasters. ® Adaptable ~ Panais, fillers, co rs and an impressive at y oj accessories can easily form most any Vertical form. ‘, © Easy to use— A handful of clamps'and mini stittenerg‘will put a gang together with lightning speed, ® Walght— Form weight is about 14 bsXSF (18ibs. sembled}, lighter than other conventional gang forms. * Minimum number of Ties~ up to 8-0" ney 2h 's are needed per panel and only 3 tles for a 10'-0” panel. « Large Tie Capability — Tie holes will acc rdate up to 1 2" diamater she-bolts ar taper ties. @ System Compatibility — Can be combin withather ULMA forming systems - BIRA & MEGALITE, fADVANTAGES @ Panels with muttipte holes that oof be combined with niversal panels to ofter solutions to form numereus geometries. ® Holes in ribs to tie accessories ® High-quality phenclic plywo: lor excellent concrete finishes ® Only 2 Mega Lifting Hooks gre required to lift large size gangs with Bynasimumn total weight not to exceed 16,000 pounds. ° Easy and Simple c tion between panels with the adjustable camp. One harmer blow is enough, @ Can handie lumber 9 steel fillers up to 4” between panels. / oe sa AAS ee red = if ‘Sg ray aes ‘RRR pat pooh VNMore into. ULMA FORM WORKS, INC. rdquarters « 16-09 Fovia 206 Suite Lt » Fair Lnare, NP OTAYO « T (201: B6z4122 o F (551) 224-200 tid-Atlansie Branch = 3500 ODannal Steet. Suita 160 « Bslimora. Maryisnd 21224 « T ($43) 256-0882 © F (843) 265-8569 ro Pew vimacoameungn 9Exhibit A - Page 6 of 12JULMA Construction 1300-2018-0-US-000040-v1tiem 2: MEGAFORM Gang Sysiem to from two sided shear walls (Shear wall 10 & 71) 7 fULMA Propdses to supply approximately 3,000.00 SF of MEGAFORM Gang System to {oi hear wails 10 & 14at a height y-4", aS a representative price below. Any. additional equipment. requested. will be billed ‘at thesame rental rate’as quoted on this proposal.Our Megaform gang ystem utilizes many different sizes up to 10°x8" heavy duty pa Is that are easily assembledwith clamps that are fastqned with only a hammer allowing extremely fast assembl (imes, The forms are tiedwith taper ties, or she-boltassemblies and have an allowable pour pressure of 1,630 psf, creating safer and fasterpour rates than other competitive systems.INCLUDED EXCLUDED @ MEGAFORM ior panels ® ApplicableSales taxes ® Fillers and corners \, ® Plankin ‘s Pipe braces on one side only * Hangdils ® She-bolts and/or * Ta cards ® Adjustable Clamps ders © Taper Tie Assembly Lumber bulkheads/box outs. ® One row of walkway brackets at the top /® dob-built fillers * Bulkhead Walers ‘s ® Plywood ® Hold Down Brackets © Lumber ® Lifting Hooks <@ Anchors for Hold-Down Brackets ® Allatiaching hardware namfers te items and freight (priced separately) ¢ En eering ® Clean of UseShear Wall 10 & 14Offe: tant!Approximately 3,000 SFDescription of UsMaximum Concrete Pr: ure: 1,650 psfCasting Height: Varies from 20°-4"4/-Formwork Height: 0"Approximate A price “ rental equipment $276,000.00 $__6,500.00/ 28 day rent BLMA FORM WORKS, INC. Mesdquartore © 19-00 Rowe 208 Sul LL « Fas Lawn NJ O7AIO © T (201) 8601122 0 F (S51) 226-2007 Mid-Atloedic Branch # $600 GDonnell Sueat Suilo 180 6 Eoueace Maryland 21224 wv F '643) 256-9082 « F (443) 2969860. ate rah 3Exhibit A - Page 7 of 12 1 ULMA Construction 1300-2018-0-US-000040-v1tem 3: meaargy Gang System to from 12"x38" Column (1 Set-up 167-0")ULMA Proposes to su ly MEGAFORM Gang System to form 12" x 36" Column (1 set-up 166 a representativeprice below. Any additio! al | equipment raquested will be billed al the same rental rate as queled'on this proposal. steINCLUDED EXCLUDED ®@ MEGAFORM form panels ® Applicable sales tere @ Pipe braces on one side only ‘, # Planking é 4N ® Adjustable Clamps ® Handrails fZ © One row of walkway brackets at the top, 2 Toe boards ® Hold Down Brackets ¢ (adders ® Allattaching hardware ® Lumber Hulkheads/nox outs ® Job-byilt fillers ® Plywgod e Lupiber hors for Hold-Down Brackets ‘Chamiers Sala tems and Weight {priced separately) ® Enginesring ® Cleaning UseColumn 12” x 36" (1 set-up}Offers antiApproximately 180 SFDescription of UseMaximum Concrete Pressure: 1,6: 5Casting Height: Varies from 18°-0".Formwork Height: 16’-0"Approximate list price of renta equipment $ 21,934.0028 day yentalat 2. oF S__ $48.36/ 28 day ayFinat list price of wos wil! be determined following compistion and approval of formwork a wings and asdirected by the con! ctor. Should you feel your requirements are other than those quoted, please ontact us SOwe can review yoyf specific needs and adjust our budget figures accordingly. / ULMA FOAM WORKS, INC. sere < 15-00 Route 208 Suta 1.4 a Fair Lawn, NY G74i0 © T (201) B82. 1322 « F (651) 224-8001 Wle-Allentis Bree « 2609 GDsenod wet Sura 486 e Batansna, Masslacd 2422 w T (44D) 2OE-N882 « F (AAS) 206.9060 2 ei i iExhibit A - Page 8 of 127 ULMA Construction 1300-2018-0-US-000040-71ftem 4. Additional InvoicingFreightPricing is FOB ULMA's yard.important Note: The allotted time for unioading ot loading of material will be a maximum of twa (2) hours.Beyond the two (2) hour time limit, a demurrage fee wilt be charged al the rate outlined below. The Customerreserves the right to use or organize their own trucking if desired.Note: Weekend deliverles are additional and will be priced separately. UNION NON UNION FULL TRUCKLOAD $1,1250 LTE (14,000 pounds maximum} $787.00 Waiting Time $75.00 $75.00PI ‘se note: P: nt is due within 30 days of Freighti ice date.Customer must provide own means of loading and unloading equipment.Customer Arranged Material Pick-ups & RetumsULMA requests a forty-eight (48) hour (minimum) advance notice of aff customer arranged pick-ups and seturns,This request is made in an effort to coordinate yard personnel and to minimize wait times for loading andunloading of material,Damages or DI anclif customer Identifles damages or discrepancies In the counts, custamer shall notify ULMA in writingwithin five (5) warking days of receipt of equipment or forfelt all rights to remedy and/or replace at noadditional cost.EngineeringULMA requests that the cusiomer provides CAD drawings for this project. Engineering fees are tabulaisd below: Fee Per E erin, 500 ure? Su gon! Hourly. Charge for M es_| $75.00 hour Brawini It red Sheet PE Calculations dif r CalculationPlease note: Pay ent is due within 30 days of Engin: ing Invol date.CleaningCleaning charges will be cal on the st jare footage of the returned material as follows: MEGAFORM, 30.35 MEGALITE $0.35 BIRA $1.20 Co-4 $0.20Please note: Payment is due Within 30 days of Cleaning Invoice date. ULMA FORK WORKS, ING. Readquariars © 16-00 Revie 208 Suto LLA «Frit Laval, NJQPANO « T (208) OB2-4 522 6 FtS61) 24-8001 Mia Ausre teach « 3800 O'Donnel Ses Suhe £50 « Baimore, Maayan 21224 9 F (0) 206-9682» F483) 2S86)Exhibit A - Page 9 of 12\JULMAConstruction 1300-2018-0-US-000040-viDamageEquipment returned deemed to be DBA (Damaged Beyond Repair) will be counted and photographed. Thedamaged equipment will then be invoiced and a discount, if applicable, will be applied to the invoice. Picturesdocumenting the damage will be attached/enciosed with the invoice. You will have the option to physically inspectthe damaged equipment at our location within thirty (30) working days from retum date.Please note: Payment is due within 30 days of Damages Involce date. Unreturned MateriatFollowing notification by the customer thai all materials have been returned from this project (last return ofaquipment from the jobsite}, ULMA will provide the Customer a list of unreturnad material, The Customer will beable to review the list and vetily its accuracy with ULMA. That ULMA equipment which has not been returned or{ost by the customer will be invoiced immediately and a discount, if applicable, will be applied to the invoice. Please note: Payment is due within 30 days of Unretumed Material invoice dale.Payment TermsAll invoices will be based on the rental rate percentage of the list price value of equipment on sile and are due infull within thirty (80) days of the date of the invoice. ULMA will have the option to delay any additional shipmentsto the customer until any unpaid accounts are paid current. Delive: Based on the date of a fully executed proposal and/or fully executed purchase order, delivery can start as follows: Engineering drawings can be submitted for approval in approximately two (2) weeks. Shipment of equipment can be approximately two (2) weeks fram approval of engineering drawings.dob Duration Any minimum duration listed, if any in the proposal is in no way indicative of the actual duration required by the customerto complete the work with the equipment being purchased or rented, ULMA Form-Works, inc, makes no representation whatsoever regarding the schadule or duration of the project(s). Not included Other than listed above, if any any consumable items are not included. Any applicable sales taxes are not included. Plywood, sills, lumber, wood planks, hand rails and toe boards for platiorms, edge forms, bex-outs, job built fillers, chamfers, etc, are not included. Sales Tax Liability Youare responsible to pay sales tax in the state where you accept this material. Tax Exemptions and Resal Certilicates must ba received within 90 days of the first rental, sale or service rendered, We are required to collect applicable sales tax and remit to the proper state. If we do not have a valid certificate on file, we will not issue credit for sales tax if received after 90 days as noted above. ULMA FORM WORKS, ING, lara o 18-00 Flouto 208 Suis LUA » Fair Lawn, MU C7A10 © T(201) 892.1122 o F (861) 224-6001 wissaanti rane bh @ 3806 O'Donnel Sir90i, Suite atime, #aryienal 21225 « T (453) 295-0852 « F (4433 295-0560Exhibit A - Page 10 of 12/ULMA Construction 4300-2018-0-US-000040-v4 ULMA FORM WORKS, INC. - GENERAL TERMS AND CONDITIONS FOR SALES ANG LEASE AGREEMENTSAl guatant, propos’,eats ad ans of Eaulpmant vy ULNA Foom Wea, oe ot 1640 Route 2c8 Sov, Fa Lan, Nl O78 resnates "Soli! 1.535877) to customer (Purchaser. ozase) orp mada with, and scbjecl 10 Mesa Genoea. Tons ene ‘861 forth herein end in sotortanee 8 requiromanis of tho Fair Lebar Stancands Az of 1938.88 ‘Thate Govars Teme sn Gondttre tate vate azzoceled quate 0 Propel ceapled a atmorareen wai puegrayh t Draw along wt any writen aonceman ct cnbints thereia, shall eonsitute the ontite agraemant botweca the parties and shel. codecs ba referred lo harcin aa tha “Salat emve Agracinenl |, ACREPTANCE OF SALES ANDIOH RENTAL, ORDERS. 47y oot gn aumuam ea oropotl or autten ua ol conte whining conc oe Aone unl we prpoeal shese Gener Terms end ig socapted by erties Signature ol the envhoiised signatory of both tho Seed essex end Purchased 00. Sihosete: be thor cnteges upon is ral approve ol Puroaaark teen. end osierctor may itzrneanedl aerosol of avian (af oral), SeimiAassors sole iaiew of Purchasartessc's credit. NotWihstanding the feGuomants of ts permgra The acceptance by Purdimenflostoa 2, TAXES FOR SALES ANO/OR RENTAL ORDERS All pices quoted aude any stata andor focal sates tax. Such taxes wit be biled separates in nocomdanca with stato. ‘andor local sates tax regulations, Tax Evsenpi Caniachtes oust be submninedt prior to inital sxipment 3. TERMS OF PAVIAENT Usious atacvsa specs in w mrogota quoaion 7 ice the net amount of an ini vi ba dua el win 29 Gaya mp ate Af Deicke,Salesaaoct shel not be sieted 1 wy wt oho a Is payment dasa expres rogue by aw, 61 Mo want shal HLesaae have thy right towitha any 1 dus tenton. ball ited to, alegad fafa ntto meal tha roqultementsef any plans or Epeciieations anioss Saliw7Lessorai Ta beck che ov ethneldea entng Te he onl her any sab of easchnpy I ahd ‘Sy Solera tsr ann wo ol Gey fo sip chase ol payment 4 char Sima Hat directly atieciOd by sald wthotding orb ackshoige, 4. NET LEASH, TAXES Purchasai{.ofs00 lniends tha iota pojmants Bacoundar to be Molto SoHo-Loesr. PurchasedLeeste shal pay oY sala, uit, end ecisa oxas and eX eepleatio fons, fines, panakion and smitas ‘on Ihe ownership, pasearsion cr usa ot tng Equipmunt during ma ton of thie Saloeate Ageaamam, and iY #4 fax09 (Oxcopt Stsnosare Fase oe Seta bens toeoe) imposed on sotehastor or Drchesaiasees ot ape fo th tariai pas f Purchavarabiea shat rine ‘SetarA.gsact tr ai taxes pale by or advancedby Salovossor, Puvcuserk asso chal baal runs tequbodiarelre and arash copie 0 Sh aston S.LEASE 01a loaton wo chneafLanee, and Purcayo/asten heey longs tom Sane/Lésir he aqueren! dasesbad fhe nzccnad propos or c*nt {roferred fo herein, ot 2) rplacamantpans, capa, ona, ard accattoven es Re Equipment”) an the (orms and condtlone set doch in thle Selekouse Agrooment, {lems a5 "Sate' tems.) @. INSURANCE (For Listed Squipment) For tha till tem at tho Tease, ax sot fot in ptragemph 7 horain, Prechaget/Laszeg shalt obtain snd matotsin, ti te cost ae xara, 8) "ak HSK" jose ov damaye coverage 0 tha Eauipmont from every cause whatsonvar, for Rol Jaxs than tho tu list velua of the Equipment, and seme shal bo tot tha employoca, sens, succoman Baas Basigrs, ive general Gablily end propery damage Insurnnce bn whe minkrrun Gmaual of iwo milion cca {$200 000 ‘per al] menans atising fromst’s Sala. sase andfor the Equipment and its wes. all such ineurenice shal (9 ba ie tom and amour} tnd $y Safechantc vit: (2 eam Satartateor an Lo Payne aa Ns eigen may sopnnt a aekkonal avutd a tha casa nay 8; (8 wake ion of naeption fio ere ang that Rny Qihee veurancs Car by 307 shall ba wecens and foncont Bevis ptbnllwe ouelno ad ok soled sethcons staoncs coma eter Slerncs ndh eos lw land's ws Paya etry pune odenencion| fisumat, that give Satac‘Lessar a dg fu 20 days’ writin iotco boloce tha policy ean be ehatad oF Canbatied anc tha sight to payment of premium watt ‘naurance races ate say a ascaivn option al Laniy, tui’ ane, (a} evar he cntanamart.osormtan rap of ha Eada cf} award aya ohm bat ‘ol Lassne under7. Ten ARD RENT {erlang Sue tc, The ann ofthe amen prove fr ra Salt en Agoent onmmance en tha exe vn ti Expat ede (a oi Purchaverhassas's Agont( oe ial extn Sor alm of Tworty-sight 26) diya. Tho tm shat cane sr date tha Equipmact is telumedia a cactas ot Sabot intasioer near tod Whol Popanarh ovtons obtons oer ‘rowing bul not knot Puschaserhoseee’s payment andl absigns Wal tbo fois harmless by Purchaseeaaran In tha event of a fallyze to eupply such adeitonsh Equinaesd wlan neqdod 1O.PINANCE CHANGES Purchaser/Lestoy aqrens to bay a tance chars of 1-1/2 percont pps month (18% par enrzn) simple interest 68 sumounis mat wr Ne pail win tity (60) says fier nveien Gata, Furdhxtar/Lesuea shall ba fable for any and 2 addtional expanses iontad by SeleciLesser ns 0 tasul ef coftedtion eiforis, bxduding bul not dewied te atomseye toga ansiogsts. 14, BHIDHIEY FOR SALES ODERS AND RENTALS Ti fet spn is pomnimeta: SétafLeasar wi mika evar arom 16 Geer ESuorait ap sasualy aged wr Ral iota fr ‘any dolsys, Al tusnsportition chargas 9 aad from Solar’. o#bor's warohovs0 oF axsignod F.0 B, SHIMPING PUINY are ta be pald by Purebanari.ncsas, ‘suall be sole fo a leadingat unloading ot Equant won ton of Eauement en SABA cesta aangof Eavpron! rium fo Sebe/Laziar an al be ‘olny responsible lor si demurrage chages ‘Howowwr,in po avent thal Sater/Lessor be lisbin ‘exponen any manne a ny Sage, Joaase, 0 inconvaroncaa ol any kind whattogver, monetary or Sfonteo, ‘Seung tom performance ot tack of porformance o 8 Thi Pany Shaper SaievLation mey wihnold ‘Sonar Uuassors sola ond ecusve Gaeroion i Purenseavtavsea Is nal cueet woh any wralr af of Poshaeacan onedes Enon undo! fhe Sees Rgreementhoase AROSE, Sales Invoicn and tase General Terms and Condé ions. 12, DISCLAAEA OF WARRANTIES ANO WAIVER OF DGFENSES FOR SALES ANO/OR RENTAL ORDERS {A) DISCLAIRER OF WAAHANTIES BY SELUERILESIOR, As 10 Sefari.ussar, PurchasarlLessea purchssovlases the Equipment “as is" unioss Sator\.ossor seooives, within 60 12) utinass days of Equipment dulivary. writen rolicy from Pumhasort.o2208 of demupas Iv Equarnerk andlor dscienseas s thd covet of Eutioren), tn the ovent Sellen. qssor recalvan, 514 Uenely writen colico, Selortasvar attra wole aad exclusive Seaotion stall rapa. eaptace or furish ihe Equiprent To the exter priper tunaly ncrloa 18 rot provided, er Expulprrant taguites topar OF replecemant at point it uma alOr two (2j business days o) der wary, Sale ALossor sh) havo no further obtgation lo opt oF seplace 

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