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What does a sample residential leaseback agreement look like in NYC?

What happens if the seller wants to stay past closing? What is a post occupancy agreement form? What does a NYC residential leaseback agreement template look like?Matching closing date preferences and general timing between home buyers and home sellers is a tricky process. Sometimes a seller wants to stay past closing because he or she has not found a new home to move into yet. When this is the case, the parties can either agree to delay the closing date or to a sign a residential leaseback agreement.A residential leaseback agreement allows a seller to stay past closing in the apartment even after ownership has changed. The amount of money paid by the seller to effectively rent the seller’s former home is negotiable, but is typically at least greater than or equal to the buyer’s mortgage and maintenance payments on a monthly basis. This arrangement might be favorable to either party as a faster closing provides certainty in many areas. For example, a quicker closing may allow a buyer to lock in a favorable mortgage rate instead of having to wait.See a sample NYC residential leaseback agreement template in its original formatting here: NYC Residential Leaseback Agreement Template | Hauseit NYCNYC Residential Leaseback Agreement TemplatePOST CLOSING POSSESSION AGREEMENTAGREEMENT, made this [X] day of [Month], 2015, by and between [Seller Name], (hereinafter referred to as the “Seller”), and [Buyer Name], (hereinafter referred to as the “Purchaser”).WHEREAS, Seller and Purchaser have entered into a certain Contract of Sale (the “Contract”), dated the day [X] of [Month], 2015, for the purchase of Premises known as Cooperative Unit [X] at [Address], andWHEREAS, Seller is desirous of remaining in possession of the premises after the transfer the Shares and Proprietary Lease appurtenant to the Unit, (the “Closing”), that has occurred on this date pursuant to the Contract.NOW THEREFORE, in consideration of the transfer the Shares and Proprietary Lease appurtenant to the Unit to the Purchaser on the [X] day of [Month], 2015, without the Seller giving vacant possession of the Premises to the Purchaser, it is hereby agreed as follows:Post Closing Possession Period. The Seller shall have the option of remaining in possession through 7:00 PM on November 31, 2015.No Landlord/Tenant Relationship. This agreement shall not be deemed to have created the relationship of Landlord and Tenant between the Seller and the Seller shall not be considered a tenant of the Property and shall pay no rent therefore, but shall be considered as former owners remaining in possession and may be treated in accordance with R.P.A.P.L Section 713(8).Holdover Fee. Upon closing, Sellers shall pay to or credit the Purchasers the sum of $[Number] ([Amount] Dollars) representing the Seller’s fee for the period from closing, through November 31, 2015, based on the per diem mortgage payment on Seller’s current loan and the monthly maintenance on a per diem basis.Escrowed Funds. Upon closing, the Sellers shall deposit with Sellers’ attorney the sum of $30,000.00 (Thirty Thousand Dollars), (the “Escrow Funds”), with Seller’s attorney agreeing to act as Escrow Agent, and hold the Escrow Funds in escrow, until such time as the Seller has delivered the Premises vacant and in broom clean condition with all personal property as stated in the Contract, no later than 7:00 PM, November 31, 2015, (date of possession). The escrow fund shall not be a limitation on Seller’s liability.Holdover Penalty. In the event that the Seller has not delivered the Premises vacant and in a broom clean condition by November 31, 2015 at 7:00 PM, then, and in that event, it is agreed that the Escrow Agent shall pay to the Purchaser the sum of $1,000.00 (One Thousand) Dollars per day, for each and every day that the Seller fails to deliver the Premises vacant and in a broom clean condition to the Purchasers, in addition to all fees and expenses pursuant to paragraph 3 Said payment or payments shall be made from the Escrow Funds held by the Escrow Agent but shall not be limited thereto, the Seller remaining liable for any deficiency that may thereafter occur.Utilities. Until Seller vacates the Property, Seller shall be responsible for and pay all utility charges including but not limited to gas, electricity, telephone, water, propane and/or fuel and oil use, and cable and security system charges if any.Maintenance of Premises. Seller shall maintain the Property, including the smoke alarm and carbon monoxide detectors, in the same order and condition as of the Closing Date, reasonable wear and tear Seller shall not make any alterations or changes to the appearance of the Property during the Term without the prior written consent of Buyer, including, without limitation, the redecorating or remodeling of any portion of the Property, or the removal of any included appliances and fixtures, except as otherwise provided herein.Damage/Repairs. In the event that the Premises are not delivered in accordance with the terms of the Contract, then the same shall be repaired by the Seller, at the Seller’s sole cost and expense, and upon failure to do so by the Seller, the Purchaser shall cause the necessary repairs and/or cleaning to be made and the Escrow Agent shall pay for same from the Escrow Funds upon presentment of receipted bills evidencing the cost thereof to the Purchaser, however, payment shall not be limited to the amount held in Escrow, with Seller remaining liable for any deficiency that may thereafter occur.Release of Escrow. The Escrow Agent shall not release the Escrow Funds to Seller, until such time as the Purchaser shall have had a fair opportunity to inspect the Premises, and Escrow Agent has been informed by Purchaser that the premises are in the condition as contemplated by the Contract of Sellers’ attorney, upon notice that premises are in order shall, within 48 hours, release any and all remaining escrow funds to Seller. If following the date of possession, Seller’s’ attorney is not notified of any problems relating to the condition of the premises within 3 business days, Purchaser will be deemed to have accepted the premises in their current condition, and Seller’s attorney shall release all remaining escrow funds to Seller.Insurance. Seller shall maintain and continue to have liability insurance policy for both property and personal injury (which may be in the form of a “tenant’s policy”), in full force and effect throughout the term of their post-closing possession, as tenants, or as so required by the insurance Purchaser shall be indemnified and held harmless from any liabilities or claims made upon Seller during the period of Seller’s post-closing possession. Purchaser shall be required to purchase a cooperative “homeowner’s” policy to take effect on the date of closing. Each party shall submit a copy of such policies to the other at closing upon request.Purchaser Inspection. Purchaser shall have the right to a “walk through inspection” within the 48 hours prior to Closing, as well as a second “walk through inspection” within twenty four (24) hours after Seller provides vacant and broom clean possession.Indemnification. To the fullest extent permitted by applicable law, without regard to the lapse, cancellation, failure or disclaimer of the insurance policy(ies) referred to in Section IO above, Seller shall indemnify Purchaser from and against any and all liability and shall hold Purchaser harmless from and shall pay any claims, damages, loss, cost or expense (including without limitation, reasonable legal fees and disbursements, court costs, the cost of appellate proceedings and any other reasonable costs of litigation) which Seller incurs arising out of or in connection with bodily injury or property damage occurring to any person or persons, including but not limited to Seller, members of Seller’s immediate family, guests, licensees and invitees, occurring during the Term and within or on any portion of the Property, regardless of the cause, excepting only events of injury or damage caused by the willful misconduct or negligence of Purchaser, Purchaser’s agents, contractors, employees, invitees, guests and permitees.Seller’s Default. In the event Seller does not deliver the Premises in accordance with this Agreement, Seller shall be in default of the Purchaser may, upon Seller’s default, proceed with summary eviction proceedings governed by the provisions of RPAPL Article 7, including but not limited to §713 relating to “grounds where no landlord-tenant relationship exists.” Seller specifically authorizes delivery of a copy of the Notice of Petition and Petition pursuant to RPAPL §§713 and 735 and acknowledges and agrees that such delivery shall be deemed good and sufficient service upon Seller. Seller shall pay Purchaser’s expenses (including, without limitation, reasonable attorneys’ fees, disbursements, court costs, the costs of appellate proceedings, and any other reasonable costs of litigation) should such action be necessary.Purchaser’s Access. Purchaser shall have the right to access the Unit at reasonable times, and with reasonable notice to Seller, during the post-possession period.Miscellaneous.This Agreement represents the complete agreement of the parties concerning the granting of post-closing occupancy of the Property to No oral agreements or promises will be binding. If any of the terms and provisions of the Contract conflict with any of the terms and provisions of this Agreement, the terms and conditions of this Agreement shall prevail, except that in the case of such a conflict as to the description of the Property or the identity of Buyer or Seller, the Contract shall control. If any of the terms or conditions of this Agreement are for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any of the other terms or conditions of this Agreement.This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any and all disputes, controversies or litigation that may arise between the parties must be brought in the county where the Property is located.No waiver by Seller or Buyer of any rights of the parties hereunder shall be deemed or construed to be a waiver of such rights with respect to other or future actions of the parties.This Agreement shall inure to the benefit of the parties hereto and bind their respective heirs, successors and assigns, except as otherwise provided herein. The rights of possession hereunder are personal to Seller and Buyer and may not be assigned, nor may the Property be sublet. Any assignment shall be absolutely null and void and constitute a breach of this Agreement such that Buyer shall, at Buyer’s option, have the right to terminate this Agreement.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be transmitted electronically and the parties intend that electronically or facsimile transmitted signatures constitute original signatures and are binding on the parties.This Agreement is intended to supplement the real estate contract to memorialize the intent of the parties, and shall be considered legal and binding upon the Parties. The parties ratify and reaffirm the real estate contract and agree that in the event the Title is not transferred from Seller to Purchaser, this Agreement shall be deemed null and void and have no further effect.This Agreement shall survive closing.IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.Seller:Purchaser:Agreed to by Escrowee:Please note: this article is not intended to serve as legal or tax advice. You should consult your lawyer and tax attorney for all aspects of your real estate transaction.

What is the content of a procurement plan?

Below please find a complete Basic Procurement Plan I prepared for any Project I worked on. I developed specific Procurement Plans based on this template according to each project’s scope. I worked for an Engineering Company that developed projects for different Clients. It is a fairly comprehensive Plan and can serve as the basis for a any Procurement Plan you may need (I hope it helps you):“Procurement PlanCompany will be responsible for all procurement activities and will oversee and direct these activities to ensure the work is performed in accordance with project procedures, budget, and schedule. Additionally, the project procurement team will oversee and coordinate all procurement activities performed from other Company offices worldwide.In coordination with Client’s procurement team assigned to the project, Company will develop a project specific procurement plan, based on Client’s requirements and Company’s established Procurement Procedures and Work Instructions. The plan will detail the procurement organization and procurement philosophies that will guide the project. This plan will identify critical items and define specific procurement requirements such as, but not limited to, RFQ and Purchase Order formats, Terms and Conditions for purchase, authority for project costs, bidders lists, domestic and international sources, purchasing strategies, negotiation requirements, methods and levels of expediting and shop inspection, transport and shipping terms, export crating requirements, and any other issues, pertinent instructions and policies such as import requirements, vendor assistance, spares, manuals, etc.Company will issue Procurement Procedures that will become part of the Project Procedures.Concurrently with the development of the project schedule, Company will coordinate the overall procurement schedule based on engineering schedules and the overall project schedule.Company will do its utmost to pursue any market edge, particularly in the case of bulk materials such as structural steel, piping, and mechanical and electrical supplies. The object is to find any additional benefit, both in price and delivery, among worldwide suppliers to help the project.Company will access its worldwide organization for information such as surveys of market conditions, special discounts, low pricing of particular materials, excess production, or any situation that could benefit the project.Additional sources of supply can be analyzed and considered, such as used equipment, economy on bulks given purchasing on other projects or by Client, savings given commercial agreements between countries (e.g., Mercosur, European Common Market Agreement, North American Free Trade Agreement, etc.), freight savings with charters shipping, excess materials on other projects being managed by Company, etc.1. PurchasingCompany’s worldwide procurement network for support in purchasing, inspection, and expediting is available to the Client Project. Our extensive vendor database coupled with Company’s buying power will guarantee the project the most commercially competitive and reliable equipment and materials in the world.Company uses its project controls system for all procurement processes. We will execute the procurement phase of the project in our offices in “City”. The “Name Specific” procurement system covers all procurement activities and allows an overall control of these activities, taking into account all related activities from requests for quotations up to materials management at site. The system can be tailor programmed to the scope of each project, in this case beginning with basic and detailed engineering and later to construction. The system has been applied with success in a series of projects both locally and worldwide. The system is an “Summarily explain System”.Company has extensive in-house procurement experience in various local projects related to every aspect of engineering, procurement and construction activities. This experience has been obtained from feasibility to construction projects, either under an EPC or EPCM administration. During these projects almost any conceivable mine and plant equipment has been quoted, negotiated, purchased, inspected, expedited, shipped, imported, warehoused and delivered to site for final erection. This world-class purchasing experience related to mining installations particularly in “Indicate Country” demonstrates our capability and expertise in worldwide sourcing of diverse “Indicate Type” equipment and materials.Company already has an extensive database of worldwide equipment and material suppliers fed into the system. The database is continuously updated and evaluated as ongoing projects are implemented and executed. With the large number of “Indicate Country”’ installations that are continuously being constructed, upgraded, expanded or modified, most of the international equipment suppliers have relatively large local representations that are easy to contact and are permanently available. Company also has extensive worldwide offices available for global procurement and contacts as required.During the purchasing phase of the project, activities such as the following are considered:Preparation of Bidders List for Main Equipment and MaterialWorldwide sourcing will be utilized to locate the appropriate suppliers and equipment. Company will issue a Bidders List from its system (with sufficient number of bidders to ensure competition) and, once commented and agreed upon with Client, will be used as the basis for the various quotations. If Client wishes to consider a sole source for any given supply, this will be taken into consideration in the RFQ phase.Bid PackagesCompany will prepare, whenever technically possible and commercially attractive, bid packages that will generate a final reduction in supply costs.Preparation of Commercial DocumentsCompany will agree, in conjunction with Client the standard commercial documents to be used in the project.Preparation of RFQ’sRequests for Quotation will be prepared in our system in accordance to the documents and bidders already approved by Client. Bids will be requested care of Company as Agents for Client.Issue of RFQ´sCompany will issue Quotations in accordance to the agreed schedule defined in the system. Offers will be requested as per agreed project requirements.Selection of Supplier and Recommendation of PurchaseOnce Company presents Client with the respective commercial and technical evaluations, a pre-selection will be made of those suppliers to be invited to negotiate the equipment. Once negotiated, Company will present a Letter of Recommendation to purchase the equipment from a specific Bidder.Spare Parts Recommended in Start-Up and Related CostRFQ’s will clearly require from each bidder the recommended overall spare parts list for the quoted equipment and their respective cost. Company will indicate said scope and value in the final purchase order only to maintain said values firm for one year as of the purchase order issue. The final scope and value are excluded from the purchase orders as Client will specify, negotiate and purchase all the spares required for the project.Supervision Scope and CostsEach bidder will be requested to quote supply scope and pricing for supervision (erection, start-up and training). In the case of major equipment, a Lump Sum Pricing will be requested for these services.Vendor Assistance and RepresentationCompany gives special emphasis to local vendor representation (accountability) and assistance and can negotiate inside the price of equipment assistance without cost for a given period.Guarantees and Warranties on Deliveries, Cost and PerformanceSpecial care is given to vendor guarantees (periods and scope) and formality of specific bonds that back the vendor offer.OEM ManualsAll manuals will be collated and delivered to Client by Company. Ten copies will be requested of each plus a complete CD with the same information, as per contractual requirement.Export PackingCompany will request each Bidder to indicate the cost of export packing for quoted equipment if not included in the final price. This will avoid future non-considered back-charges.FOB Cost for Equipment and MaterialsAll offers must indicate their final FOB value (all local taxes included) that will allow a better negotiation with freight forwarders and a better grasp on project costs.Dimensions and Weights for Freight and TransportEach supplier must clearly indicate the weights and dimensions of supplied equipment and materials, packing included, especially those pieces considered over-dimensioned or overweight.Vendor Procurement, Fabrication and Delivery of Equipment and DrawingsEvery bidder must deliver a clear and comprehensive schedule of procurement, fabrication and deliveries both for drawings and supplies. Company’s commercial documents clearly specify remedies and/or liquidated damages given late deliveries of both drawings and goods.Vendor Equipment SpecificationsEach vendor must deliver their equipment and supply specification’s as per the requirements specified in the respective RFQ’s, allowing a comprehensive technical evaluation of their offers.Bid Opening and EvaluationBids will be opened with the formality and personnel specified in Procurement Procedures. Once opened, Procurement and Engineering will independently evaluate the bids commercially and technically. Once finished a Technical-Economical evaluation summary will be presented to Client so as to define final bidder or bidders with whom to continue negotiations.NegotiationsFinal negotiations will be held with defined bidder or bidders. The Procurement Manager will develop a negotiation strategy between Client and Company’s project management to define objectives, cost, terms and schedule details. The Procurement Manager will direct, control and document all negotiations.Letter of Recommendation to PurchaseAfter all commercial and technical issues are resolved to satisfaction of both procurement and engineering, a Letter of Recommendation to purchase will be issued to Client by Company, based on the best-evaluated price, technical acceptability, and scheduled delivery. This award recommendation will be submitted by the Company project manager for approval.Issue Purchase OrdersUpon approval of the award recommendation, Procurement will prepare and issue the purchase order based on the final specifications, negotiations and conditions. All purchase orders will be issued by Company acting as agent for Client.ReportsCompany will issue comprehensive and tailor-made reports as per Client’s requirements. The system has the capability of issuing all procurement reports to meet specific requirements and needs. Specific reports and report formats will be defined early in the project to supply comprehensive information to all those involved.2. ExpeditingCompany’s expediting function during the initial project stages will insure that all documentation for the bid process is received within schedule. In the first stages of the purchase orders it will guarantee that all drawings and vendor data are submitted on time and according to the negotiated terms of the purchase order.Expediting during the second stage of the project will allow a comprehensive control and reporting down to each line item on each purchase order. This will allow the project to continuously monitor every piece of equipment and/or material, no matter how small, to permit the procurement team to address any problem issue, promptly and efficiently.Company will expedite both local and offshore procurement, and the status of the expediting will be reflected on regular and comprehensive reports to be issued periodically per project requirements.Local expediting will be done directly with the suppliers and vendors. Offshore expediting will be done with the local representatives, if the purchase order was processed through their facilities and/or through Company’s worldwide installations whenever required.Expediting will be begun together with the purchase order follow-up and its application will be based upon the Expediting Program prepared for every purchase order and taken from the system. Expediting is linked directly to equipment and material inspections. In the case of offshore purchasing, either Company’s offices abroad or an independent inspecting contractor will supply the necessary personnel to pursue expediting and inspection on vendors’ premises. Every report issued from this source will be incorporated into the procurement program and respective inspection and expediting status reports.Expediting will identify the potential problems and hold points on every purchase order so that any necessary adjustment or action can be taken to maintain the agreed delivery dates with each vendor. This could imply an intensification of shop expediting, overtime work, extension of the ongoing shifts, expediting suppliers, helping the vendor detect critical items on their fabrication and/or supply program, shortening the cycle of drawing revisions, or requesting the project manager’s intervention through project personnel visits to the shop or wherever necessary.Additionally, during the expediting and inspection phases of projects, Company can use their worldwide network of companies located from the U.S: (East and West Coast), to Canada, Europe, South Africa and the Far East. This will give the project the capability of efficiently and economically inspecting and expediting offshore equipment and materials.3. InspectionCompany will ensure that the Supplier Quality Program for each Purchase Order is in place, that the specified quality surveillance level is appropriate to the material or equipment being purchased, that an Inspection Plan has been prepared, and that inspection assignments are made to, and carried out by, the appropriate Company office or contracted agency. Company will make use of its extensive worldwide network of engineers and inspectors to optimize both the cost and opportunity of inspection activities no matter where the vendor facilities are located. The overall Inspection Plan considers the following:Supplier Quality ProgramEngineering will furnish a Supplier Quality Program whenever applicable to a purchase order. This program includes the Vendor Quality Plan (VQP), Quality Program Requirements, and Quality Surveillance Instructions.Inspection of Work in Progress at Vendor FacilitiesQuality Surveillance LevelEngineering will determine the quality surveillance level and indicate the level (0 through 4) on the Vendor Quality Plan (VQP).Inspection PlanA Supplier Quality Surveillance and Shop Expediting Visit Plan will be prepared for every purchase order considered for inspection.Inspection AssignmentInspection assignments for individual purchase orders will be assigned to Company inspectors most economically and expeditiously available. Where no Company coverage exists, assignments will be made to contracted agencies. When and wherever appropriate, specific key engineers from the Client task force will participate in shop inspections.Notification of InspectionIt is the vendor’s responsibility to notify the project of readiness for a particular hold point, witness point, or final inspection as indicated on the VQP.InspectionDuring the initial visit to a vendor’s facility, the inspector will verify the inspection program with emphasis on the following:- Scope of inspection in accordance with Vendor Quality Plan (VQP).- Supplier progress evaluated against applicable schedules.- Verify approval of all drawings.- Verify welding procedures are approved and welders are qualified.- Random witness welding to verify procedures, qualifications and techniques.- Ensure welding consumables are being properly controlled and stored.- Review mill test reports to verify materials meet specifications.- Monitor material inspection program and transfer of material marking.- Random inspect edge preparation, root gap and fit-up on fabrication.- Ensure full penetration welds are provided where specified.- Perform random check of back gouging on pressure retaining welds.- Inspect critical/major materials of sub-vendors, or audit sub-vendors’ work.- Verify measurement and test equipment calibration.- Check nozzles and man-ways for size, thickness, rating, projection, etc.- Perform dimensional inspections on attachments, internal and external.- Make complete dimensional inspection prior to hydrostatic testing.- Verify that temporary attachments have been removed and inspected.- Verify or witness mechanical/electrical testing as per engineering.- Verify NDE procedures and NDE qualifications.- Maintain records to ensure vendor has performed non-destructive examination.- Final visual inspection for quality of work, packing, tagging and marking.- Verify hardness values are as required.Release for ShipmentA final inspection will be made when all outstanding items of equipment have been completed and all outstanding matters from previous inspections or communications have been resolved. Equipment or materials may be released for shipment when all required items have been inspected and accepted, all deficiencies and non-conformances have been resolved, and final documentation is complete.Inspection WaiverAn Inspection Waiver must be completed whenever a required inspection is to be waived.Deficient and Nonconforming ItemsDeficiencies or non-conformances identified during inspection will be processed and documented.Records/DocumentationIn accordance with the VQP, the vendor will be required to submit certain records as evidence of inspections, tests, certifications, qualifications, etc. These records will be submitted to the project during shop inspections, upon request, or with the final documentation package as identified by the purchase order.Final Inspection/Release of Equipment at Vendor FacilitiesInspectors will carry out all final inspection and testing in accordance with the VQP and equipment specifications to complete the evidence of conformance of the finished item to the specified requirements. No items will be released until all the activities specified in the VQP and equipment specifications have been satisfactorily completed and the associated data and documentation is available. If a third-party inspector or client representative is to participate in a final inspection, advance notice must be given to the Manager of Inspection/Expediting so this procedure can be allowed for in the Inspection Plan.Inspection Status at Vendor FacilitiesInspection and test status will be controlled through the use of completed and signed off VQP and supporting inspection records.Control of Non-conformance Items at Vendor FacilitiesAll non-conformances will be reported to the project as soon as possible. The defective item should be segregated when possible. The Inspection/Expediting Manager will ensure that non-conformances are held from further processing until they are corrected.Packing and MarkingInspections will be performed at vendors’ plants, as necessary, to verify that the packaging, preservation and marking of materials ready for shipment are in accordance with the Packing, Marking and Shipping Instructions of the purchase order.4. TrafficTraffic activities will be delegated to a freight forwarder with known international experience and local capability. These services will be assigned after a formal commercial and technical bidding process. Company will administer and control the freight forwarder and define its responsibilities, reporting, control and activities. Their functions will be on a door-to-door basis and Company will participate in all negotiations related to freight (ocean, air and truck) and especially on over-dimensioned cargo. Company has an in-house Traffic Coordinator in the project organization whom will coordinate all traffic-related activities to and from the freight forwarder and the project.Special emphasis will be given to the freight, delivery and schedule of all cargo to avoid additional costs and delays on their delivery. Issues to be monitored include: ·Timely space reservationsExact dimensioning of cargoProper packing and shipping instructionsResponsibility for export packingOn and off-loading supervision on over-dimensioned cargoOffshore and local permits for over-dimensioned cargoDefinition of best ports for shipping and offloadingAccess restrictionsRequirement of ship cranes for off-loading over-dimensioned cargoDefinition of container rental or purchaseAvoidance of container “demourrage”4. Customs ClearanceCompany offers ample experience on recent construction projects, that include a “hands on” and comprehensive knowledge and management of activities related to customs clearance. Imports, duty payments, obtainment of tax exemption benefits, reduction of expenses due to delays or unnecessary cargo handling, process and acquisition of “Indicate Country” Customs, and coordination of all of these items will be controlled.Company can work either with Client or Company’s customs broker. In either case, Company will prepare a plan to coordinate all the necessary activities with the object of avoiding delays, optimizing cash flow, and having all the necessary import documentation, on time, and available at the moment of offloading the cargo in whatever mode of transport was chosen for each specific cargo.The steps to be taken into consideration are the following:Description, origin, weight, volume, measurements, mode of transport, RAS (Required On Site) Dates, etc., for very item on each purchase order.Engineering Company, freight forwarder, customs broker and transport companies.Obtainment of Special Import Benefits and respective import license, from “Indicate Country” Customs.Presentation of import documents to “Indicate Country” Customs and payment of duties before cargo is offloaded, but not before necessary, so as to optimize cash flow.Coordination of transport with freight forwarder to avoid any additional cargo handling due to unavailability of loading platforms for incoming cargo.Tax exemption benefits conceded by “Indicate Country” law will be duly processed. There are several international Free Trade Agreements and Regional Treaties, some recent, some still in process and others longstanding, that will be considered and used whenever applicable, to the full extent of the law.In general, a very close relationship must be maintained among all the parties involved in pursuit of an efficient and cost effective importation of cargo.Inventory ControlCompany’s controls system includes a Materials Management Module that is designed to track the receipt of material and equipment in and out of the project warehouse or storage location. It also allows full inventory control including overages, shortages and damages. This module is linked to the Procurement module for referencing purchase orders and expediting data, and to the Schedule Interface module for RAS (required on site) and installation dates. This module, fully proven and used in all of the latest projects Company has constructed in “Indicate Country”, is easily implemented and fed from the data incorporated into the system during the procurement and expediting stages. The module controls the following control points and documents:ReceptionIssue Pick TicketsInventory AdjustmentsBOM’sMaterials and EquipmentLocationAdditionally, the following reports can be issued, customized to each project and/or requirement:Material Receiving ReportShipments ReceivedPurchase Orders ReceivedPick TicketsWarehouse Material and Equipment InventoryMaterial and Equipment Inventory LocationsMaterial and Equipment Inventory ScheduleMaterial and Equipment TransactionsMaterial and Equipment SummaryUsing the system, Company will control all materials and equipment on site as of the moment the project begins. The information input can be easily exported to Client’s database if desired. The Material Controls Group will have the responsibility for receiving project equipment and materials on site based on the purchase order information, engineering specifications, drawings and the information supplied electronically by the expediting and inspection areas. Necessary steps will be taken to ensure that all cargo is received in the necessary conditions of quality and quantity, and delivered to the project contractors in the same conditions. In order to execute the work, the warehouse includes three well defined organizational areas that are detailed in the Project Procedures Manual:ReceptionIssuanceWarehouse Administration”

What are some examples of enforceable contracts?

Terms of ServiceLast updated: July 26, 2016These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Quora, Inc. ("Quora") (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.Use of the ServiceYou may use the Service only if you can form a binding contract with Quora, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Quora.We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Quora will not be liable for any loss or damage arising from your failure to comply with this instruction.You represent that you are over the age of thirteen (13) years old (or over the age of fourteen (14) years old if you live in Spain or South Korea)(the “Minimum Age”). If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.User Content"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.Your License to QuoraBy submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).You agree that this license includes the right for other users of the Service to modify your Content, and for Quora to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Quora or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Quora the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Quora reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.Quora's Licenses to YouSubject to these Terms, Quora gives you a worldwide, royalty-free, revokable, non-assignable and non-exclusive license to re-post any of the Content on Quora anywhere on the rest of the web provided that the Content was added to the Service after April 22, 2010, and provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Quora by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on http://quora.com on every page that contains Quora content; (c) upon request, either by Quora or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Quora or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on http://quora.com; and (e) upon request, either by Quora or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on quora.com.You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Quora, or any Quora user of you or your use of the work, without the separate, express prior written permission of Quora or the Quora user.If you operate a search engine or robot, or you republish a significant fraction of all Quora Content (as we may determine in our reasonable discretion), you must additionally follow these rules:You must use a descriptive user agent header.You must follow robots.txt at all times.You must make it clear how to contact you, either in your user agent string, or on your website if you have one.Subject to these Terms, Quora gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Quora.Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Quora be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Quora will not be responsible or liable for any use of your Content by Quora in accordance with these Terms.We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Quora, its users and the public.RulesYou must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to Quora" section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Quora's computer systems, or the technical delivery systems of Quora's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Quora (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Quora (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Quora except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.We may make available one or more APIs for interacting with the Service. Your use of any Quora API is subject to these terms and the Quora API Rules, which will be posted before we make these APIs available (as part of these Terms).Proprietary RightsAll right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Quora and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Quora name or any of the Quora trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Quora on the Service are subject to change. In consideration for Quora granting you access to and use of the Service, you agree that Quora and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.Copyright PolicyQuora respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:Quora, Inc.Attn: Copyright Agent650 Castro Street, Suite 450Mountain View, CA 94041Email: [email protected] note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://lumendatabase.org/notices/12073901#. A link to your published notice will be displayed on Quora in place of the removed content.We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Quora will also terminate a user's account if the user is determined to be a repeat infringer.PrivacyQuora values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or to other countries for storage, processing and use by Quora in accordance with our Privacy Policy.LinksThe Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Quora of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.Third Party Beneficiaries -- Medical and Legal ContributionsAll Quora users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. Quora and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR http://PURPOSE.In no event shall Quora or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Quora or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Quora nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.See Quora's policy regarding questions and answers to medicine-related questions and Quora's policy regarding questions and answers to law-related questions.Quora has provided certain disclaimer template language that Legal & Medical Contributors may edit and incorporate in their answers. Ethics rules differ by state, so we are not sure that this language will work for every attorney in every location -- especially since rules can change over time. Legal & Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state's http://rules.As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.Answers to Medical QuestionsContent posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.Content is not a substitute for professional medical advice, examination, diagnosis or treatment.You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.Content is not regulated by the Food and Drug Administration or any state or national medical board.Information posted to Quora publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.Answers to Legal QuestionsContent posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit How Can I Find and Hire the Right Lawyer?Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.Content is not regulated by any state or national bar association.Information posted to Quora publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish attorney-client relationship without the express consent of the Legal Contributor.Reuse of Quora's Policies, Disclaimers, & Terms of Use Language Regarding Legal & Medical ContributorsIn order to develop Web industry standards for online contributions by legal and medical professionals, Quora encourages other companies and organizations to adopt all or part of our policies, disclaimers, and terms of use language as part of their own products and terms of service. Quora therefore expressly permits other companies to copy and edit the provisions contained in this section of its terms of service for their own use. Additionally, Quora welcomes comments and suggestions on these terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.Disclaimers; IndemnityYour access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, QUORA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Quora will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Quora has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Quora or through the Service, will create any warranty not expressly made http://herein.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUORA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUORA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.Open Source LicensesThe Quora Service and Applications may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at http://www.quora.com/about/open_... and/or in the Quora application's documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.General TermsThese Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.These Terms are the entire and exclusive agreement between Quora and you regarding the Service (excluding any services for which you have a separate agreement with Quora that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Quora and you regarding the Service.The failure of Quora to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revisionis material under applicable law we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.If you are a U.S. government user (i.e., you have a .gov or .mil email address), see this addendum to the Quora Terms of Service.The Service is operated and provided by Quora, Inc., a Delaware corporation, located at 650 Castro Street, Suite 450, Mountain View, CA 94041. If you have questions about these Terms, please contact us at [email protected].

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