Proposal Terms

Thank you for considering Cisco-Eagle

Please contact us with any questions regarding these terms.

General conditions

• Pricing is valid for 30 days after date of proposal unless otherwise noted.
• The price or prices stated in this Proposal are based on the price for steel and material in effect as of the date of this Proposal. If there is a significant change in the price of steel or materials from the time Cisco-Eagle provides a firm price, and the date Cisco-Eagle receives a firm price from a third-party vendor or at time of shipment, the parties will work in good faith to equitably adjust the price to reflect same. A change in price shall be considered significant when the price increases or decreases 2% from the date of the Proposal to the date Cisco-Eagle receives a firm price from the third-party vendor or at time of shipment.
• All Federal, State and Local Taxes including sales, consumer, and use taxes associated with the supply of goods and services for this project will be the responsibility of the purchaser where applicable.
• Pricing is based on one purchase order being issued for the complete job.
• Cisco-Eagle reserves the right to review pricing if the amount purchased does not equal the amount quoted.
• All Purchaser provided Contracts, Purchase Orders, and/or Agreements are subject to contract review prior to acceptance.
• All material is “knock-down” unless otherwise specified.
• A minimum 20% cancellation charge will be applied to all cancelled orders. If higher percentage cancellation charges are assessed to Cisco-Eagle by manufacturers fabricating non-stock items, these higher charged percentage rates will apply.
• Any alteration or deviation from this proposal’s specifications involving a change in cost will be reflected in a written change order.
• Delivery agreements are subject to changes in the event of strikes, accidents, or delays beyond our control.
• Estimated lead times are as of the date of proposal and may vary; confirm upon order placement.
• Actual lead times start upon Cisco-Eagle’s receipt of written purchase orders and/or signed approval drawings.
• All sales, use, import, excise and similar taxes which Cisco-Eagle, Inc. may be required to pay, or collect, with respect to the goods and services provided by this Order, and any permit, construction, occupancy, or other governmental fees shall be the responsibility of the Purchaser, except as otherwise provided by law.
• In no event shall Cisco-Eagle’s maximum liability hereunder, whether in contract, tort, or otherwise, be greater than the amount of the applicable purchase order or contract amount. In no event shall Cisco-Eagle be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, loss of use, loss of profits, loss of production or economic loss regardless of the nature of the claim.
• Cisco-Eagle shall not be responsible for any delay caused by Customer, Owner or other contractor, or an Act of God or Force Majeure event beyond the reasonable control of Cisco-Eagle, including but not limited to, epidemic, fire, flood, unusually adverse weather conditions, lightning, wind, earthquake, strike, lockout, labor dispute, war, riots, civil insurrection, acts of the public enemy, or acts of civil or military authority. Any such delay shall be an excusable delay and the period of such delay shall be added to the schedule.
• Unless the product is manufactured by Cisco-Eagle, Cisco-Eagle explicitly disclaims any responsibility for damages arising from the use of the products sold herein. The Seller acts solely as a distributor and not as the manufacturer of said products. Any claims, liabilities, damages, or losses incurred as a result of defects, malfunctions, or failures of the products shall not be attributed to the Cisco-Eagle. The Buyer acknowledges that any recourse for such issues lies solely with the manufacturer of the products.
• Cisco-Eagle shall be fully indemnified and held harmless from any and all damages, injuries, or fatalities resulting from the improper or negligent use, operation, or handling of equipment, whether directly or indirectly caused by any party or entity.
• If the product is assembled by Cisco-Eagle, Purchaser agrees that, under no circumstances shall Cisco-Eagle’s total aggregate liability, whether based on contract, tort, strict liability, or any other cause of action, exceed the price paid by Purchaser for the product. Purchaser agrees that, in no event will Cisco-Eagle be liable for any penalty or for any indirect, special, liquidated, incidental, or consequential damages, including, without limitation, the loss of use, income, profits, or production, or increased costs of operation, or damages to material, or down-time costs, or costs associated with the removal of equipment or products from service, or reinstallation, disassembly, or reassembly, or claims of third parties against Purchaser arising in connection with the sale, installation, use of, inability to use, or the repair or replacement of Cisco-Eagle’s products, even if Cisco-Eagle has been advised of the possibility of such damages. This section shall survive completion or termination of the contract. For purposes of this provision, “assembled” refers to the process of combining or fitting together pre-manufactured components or parts into a finished product, without materially altering the individual parts.
• All claims and disputes arising hereunder, including for the validity and interpretation of these terms, will be governed and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles. The parties consent to personal jurisdiction in any action brought in any court, federal or state, within Dallas County, Texas, having subject matter jurisdiction arising under the these terms and with respect to any such claim the parties irrevocably waive, to the fullest extent permitted by applicable law, any claim, or any objection they may now or hereafter have, that venue is not proper.

Warranty of systems & equipment

Systems warranty

1. Wherever in this Proposal, or documents referenced herein, mention is made of Cisco-Eagle, Inc.’s “performance”, “system” or “integration” responsibility, or to furnishing a “turnkey” system, or similar terminology, it is understood to refer to this System warranty.
2. Cisco-Eagle, Inc. warrants that the system furnished will conform to these proposal specifications, including any performance requirements, which are a part of this proposal, and will be adequate for the purposes stated herein if (i) properly operated and maintained; (ii) the materials to be handled are of the type, size, shape, weight, and other characteristics as described in the specifications and in a condition to be handled; and (iii) operating conditions are as contemplated by the specifications.
3. This warranty shall apply for the same period as the Equipment Warranty set forth below, and subject to the same notice requirements. If any performance deficiency covered by this warranty is found in the System during said period, Cisco-Eagle, Inc. will correct the deficiency by repairing, adjusting, modifying, replacing or adding to the system equipment.
4. This is a warranty of specified System performance and not a maintenance undertaking. If a deficiency in performance is occasioned by the failure of individual parts or System components, Cisco-Eagle, Inc.’s responsibility shall be governed by the equipment warranty set forth below, unless it is found that the part of component was not reasonably suited for the particular system application and failed for that reason.
5. Cisco-Eagle, Inc. shall not be liable for any performance deficiency which results, in whole or in part, from (i) any alterations of the equipment by persons other than Cisco-Eagle, Inc. or its agents; (ii) absence of equipment or accessories recommended by Cisco-Eagle, Inc. or its agents but omitted at the Customer’s direction; (iii) development details or instructions furnished by the Customer or his agents; or (iv) combining Cisco-Eagle, Inc.’s equipment with any equipment or system furnished by others, including such equipment or System as is already set forth in the specifications.

Equipment warranty

1. Goods to be provided by Cisco-Eagle, Inc. shall conform to the description and specifications set out herein, shall be fit for the ordinary purposes for which such goods are used and shall be free of defects in workmanship and material at time of installation.
2. Cisco-Eagle, Inc. warrants that the material and workmanship used in the manufacture of the equipment offered in this proposal is of merchantable quality. Cisco-Eagle, Inc., and not the Customer, is the sole judge of the defects.
3. Cisco-Eagle, Inc. and its manufacturing partners agree to furnish, for a period of one year from the date of shipment to the Customer, without charge, F.O.B. shipping point, any part proving defective in either material or workmanship. Unless otherwise agreed to in writing by Cisco-Eagle, Inc., the Customer shall bear the responsibility and expense of installation of any part furnished as a result of this warranty. All defective parts must be returned with a proper RGA tag to a location designated by Cisco-Eagle, Inc. Freight involved in returning all defective parts will be the responsibility of the Purchaser.
4. All liability of Cisco-Eagle, Inc. shall be limited to the furnishing of the parts that are found to be in violation of the warranty set out above. Any failure of equipment or parts due to abuse, incorrect adjustments, exposure to corrosive or abrasive material or operation under any degree of dampness shall constitute a breach of this warranty.
5. This warranty comprises the entire and sole warranty pertaining to this purchase and there are no other warranties, expressed or implied, connected with the manufacture and sale of the product accompanying this warranty. No other agreement of any kind, verbal understanding or promise, either given by Cisco-Eagle, Inc.; its agents or employees will be recognized as binding upon Cisco-Eagle, Inc.; nor will such agreements, verbal understanding or promises act to vary the terms of this written warranty.
6. This is the Customer’s exclusive remedy for defective material or workmanship and such remedy is conditioned upon the Customer notifying the Cisco-Eagle, Inc. in writing promptly after discovery of the defect(s). Cisco-Eagle’s liability to the Customer, under this agreement, whether based on a contract or negligence, will in no case be greater than the cost of correcting the defects to the system. The Customer agrees to indemnify and otherwise hold Cisco-Eagle, Inc. free from any claim against Cisco-Eagle, Inc., to the extent that the claim arises from the Customer’s use of the system.
7. Customer shall be responsible for clear access to Cisco-Eagle as required for performing any Work or warranty work. Any warranty work will not extend the term of the original warranty period. Cisco-Eagle's warranty is limited in scope and liability to repairing or redoing the nonconforming Work or materials. Cisco-Eagle shall not be obligated under warranty or otherwise, to repair or replace defects caused by operating abuse, neglect, erosion, corrosion, acts of God, or other similar causes or normal wear and tear. No credit shall be allowed for any cost or expense Customer may incur in replacing or correcting materials or workmanship hereunder unless prior written notice to Cisco-Eagle is provided and Cisco-Eagle has had the reasonable opportunity to remedy the issue. Except as expressly provided in herein, Cisco-Eagle provides no Warranties, express or implied, of merchantability, fitness for use or otherwise.
8. Alteration of, or work done, on equipment warranted hereunder without Cisco-Eagle, Inc.’s prior written authorization shall void all applicable warranties.