Opening of Bids - 6000 More or Less, Universal Nestable Refuse and Yard Waste Containers - Pyramid Equipment, Inc.

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CASCADE ENGINEERING Report No.:3182829GRR-001B Date: July 17, 2009 Reference No.: 09-0603-202466 P.O. No.: ISE15448 Page 10 of 11 SD 3.1.2 (10/19/07) Mandatory TERMS AND CONDITIONS 1.0 INTRODUCTION These Terms and Conditions are incorporated into the Intertek proposal made and submitted to you. The party executing this document (“Client”) indicates acceptance of this proposal as a contract between Client and Intertek which governs the performance of the stated services and the rights and obligations of the parties and that Intertek may proceed with the work. 2.0 PROPOSAL TERM Unless otherwise stated in the proposal, this offer shall remain valid until accepted, but in no event for a period longer than thirty days from the date of the proposal. 3.0 CLIENT INFORMATION Client represents that the information supplied by it or its agents to Intertek is accurate and complete and samples are representative, and Client has informed Intertek concerning any dangerous or potentially dangerous characteristics of such samples which could cause injury during the performance of the work or in the transporting of such samples and Client also acknowledges that Intertek is relying upon such information and samples or data in the preparation of this proposal without further verification by Intertek as to its accuracy or completeness. The Client agrees to hold Intertek harmless and indemnify Intertek from any liability of whatever kind or nature, including but not limited to court costs and reasonable attorneys fees if information provided by the Client is inaccurate or incomplete or samples are not representative. Intertek agrees that information received from the Client shall remain the property of the Client and will be returned to the Client upon demand, except for that which is necessary as a basis for the Intertek Reports. Client may designate in writing any information provided by Client to Intertek as confidential and proprietary. If Client has done so, Intertek will not release to third parties any such information without the prior written consent of the Client or only in response to a proper court order or process. As to that information, Intertek may make and retain copies. Client shall designate in writing to Intertek if it does not wish to have Intertek transmit any information, including test data and Reports, via electronic means. 4.0 PROPOSAL, PRICE AND SCHEDULE Intertek will work diligently to provide the services according to the costs and schedule stated in the referenced proposal. Client recognizes and agrees that the proposal is a good faith estimate of the costs for the services to be provided and times of completion, but such estimate is not a guarantee of the total costs or time that may be involved in completing the proposal. Intertek will not exceed the authorized estimate of costs without written authorization of Client. Samples will be shipped by Client to Intertek prepaid and will be returned collect or disposed of at Client’s expense within thirty (30) days after testing is completed, unless alternative arrangements are made by Client. Additional fees will be charged for unanticipated assembly or preparation of samples. Test services will not be initiated until satisfactory credit has been established with Intertek’s accounting department. 5.0 INVOICING Invoices will generally be issued upon project completion. In certain instances, interim invoices may be issued. Invoices are due and payable to Intertek at its offices, within thirty (30) calendar days after receipt of invoice, and Client agrees to pay reasonable collection costs if necessary in the event of non-payment. 6.0 INSURANCE Intertek declares that it maintains workers’ compensation and employer’s liability insurance on Intertek employees in a form and amount as required by applicable laws. This insurance does not cover any employees of Client or third parties who may be involved with the work to be performed, whether on property of Intertek, Client or third parties. 7.0 REPORTS The Client agrees to waive any claim against Intertek and defend, indemnify, and hold Intertek harmless from any and all causes of action, lawsuit, proceedings or claims, including legal fees and expenses incurred by Intertek, allegedly arising as a result of unauthorized use of Intertek’s Reports. The term Reports includes all reports, laboratory test data, calculations, estimates, notes and other documents prepared by Intertek in the course of providing services to the Client. All technical determinations of compliance arising from product, material or system evaluation shall not be considered final until issuance of a written report, reviewed and signed by an Intertek qualified Reviewer. All final decisions on product certification are made by the Certification Manager. Intertek retains any and all rights of ownership of Intertek’s concepts, ideas, inventions, patents or copyrights used by Intertek in preparing Intertek’s Reports and the provision of services to the Client. Only the Client is authorized to copy or distribute Intertek’s Reports and then only in their entirety, and the Client shall not use the Reports in a misleading manner. Client further agrees and understands that reliance upon the Reports is limited to the representations made therein. Any use of the Intertek