Terms & Conditions


As discussed during the vendor selection process, the current duration of this project is approximately _________________years.



A). This purchase order shall be contingent upon submittal review and approval.

B).  The actual delivery date and ship to address will be determined by Purchaser after submittal review and Owner-engineer approval.  Delivery shall be based on the quoted delivery time frame, project specific requirements and the actual date of the submittal approval by the Owner-engineer.  Please note, receipt of approved submittals does not in itself constitute release for fabrication and shipment.  Purchaser is to address this request as a separate issue.

C). DO NOT  release for fabrication or shipment until you have been notified by Purchaser that the above -referenced equipment/material has been approved by the engineer of record.



By acceptance of this Purchase Order and/or commencing performance hereunder, Seller agrees to comply fully with the terms and conditions hereof.  All previous offers by Seller are hereby rejected.  Purchaser shall not be bound by terms additional to or different from those contained in this Purchase Order that may appear in Seller’s quotations, acknowledgments, invoices or in any other communication from Seller unless such terms are expressly agreed to in a writing signed by Purchaser.  Acceptance of materials or services, payment or any inaction by Purchaser shall not constitute Purchaser’s consent to or acceptance of any such terms.  Upon acceptance, the terms contained in this Purchase Order shall constitute the entire agreement between Seller and Purchaser with respect to the subject matter hereof and may not be modified, added to, or rescinded except by a writing signed by Seller and Purchaser.  If bonds are not required at the time of execution of this Purchase Order, Purchaser reserves the right to require a supply contract bond at any time written by a surety and on a form acceptable to Purchaser and will reimburse Seller for the cost of such bond upon Purchaser’s acceptance of Seller’s materials and service.  Unless Seller returns signed acknowledgement copy of the Purchase Order within fifteen (15) days of delivery to Seller, Purchaser may at its option rescind this Purchase Order without liability whatsoever.


1.4          INVOICING.

Submit three (3) copies of invoices for each shipment, attach two (2) copies of the B/L or freight receipt showing proper description, point of shipment and Purchase Order number.  Separate invoices are required and must be rendered for each Purchase Order.  Extra  chargesunder this Order will not be permitted except as agreed to in writing by Purchaser. 


1.5          PAYMENT.

All payments by Purchaser under this Purchase Order are conditioned upon receipt by Purchaser of goods conforming to this Purchase Order and all applicable project specifications.  All payment terms shall be stated on the front side hereof.  All sums tentatively earned by Seller by the partial or complete performance of this Purchase Order and any balance of unearned funds shall constitute a fund for the purpose of:

A) First, full completion of the work or material to be supplied under this Purchase Order,

B) Second, payment of any backcharges or claims due Purchaser from Seller on any project,

C) Third, payment to the laborers and material and service suppliers of Seller who have valid and enforceable mechanic’s lien claims or valid and enforceable bond claims (if the project is bonded).

Such tentative earnings shall not be due or payable to Seller or anyone else claiming in Seller’s place and stead, including, but not limited to, a trustee in bankruptcy, receiver or assignee of Seller, until and unless such Purchase Order is fully and satisfactorily completed and any amounts under 1.5 A, B or C above are fully paid and satisfied.  Purchaser may demand written evidence of Seller’s financial capability to perform and that Seller has made such payments at any time.


1.6          SHIPPING.

The times set forth for delivery are of the essence, and unless a delivery date is otherwise specified on the face hereof, all deliveries shall conform to the date or dates specified from time to time by Purchaser’s representative.  Seller shall only be entitled to and granted an extension of time as its sole remedy for delay if Purchaser is so entitled and granted under its contract with vendee and Seller shall be liable to Purchaser for all damages which Purchaser may sustain by reason of any delays caused by or resulting from Seller.  Each piece of equipment/material shall have a permanent tag number.  Purchaser must be given notice of routing before Seller forwards shipments.  Seller must advise purchaser of the shipping point and initial carrier.  Carrier must be directed that forty-eight (48) hours notice prior to delivery is required.  Seller will notify carrier of the jobsite telephone number and jobsite contact name.


1.7          SUBMITTALS.  

Seller, as required by Purchaser, shall prepare and submit to Purchaser such shop drawings (or other submittals) as may be necessary to describe completely the details of construction of the work.  Approval of such submittals by Purchaser and/or architect/engineer shall not relieve Seller of its obligation to perform work in strict accordance with plans, specifications and other contract documents, nor of its responsibility for the proper matching and fitting of the work with contiguous work.  Seller shall provide the number of copies of the submittals to Purchaser as requested.



Seller shall furnish __________ sets of the required completed submittal data to Purchaser within ten (10) days from the date of this Purchase Order.

Submittals shall include, but are not limited to, seismic calculations, shop drawings, dimensional data, descriptive literature, performance curves, test data, electrical data, wiring diagrams/schematics, and/or any additional requirements as may be set forth in the Contract Documents.

Each submittal must be clearly identified with the following information: 

Date: Project Name: Project Location/Address: Engineer: Contract Number: Purchase Order No./Subcontractor No.: Specification Section No.: Specification Sub-Section _________ & Paragraph No.: Contract Drawings No.: Submitted by: Manufacturer’s Name:

NOTE:  Reference Specifications for any additional requirements, such as labeling, binder types, etc.



Seller shall furnish _______ sets of the required completed O&M Manuals.  Reference specific project specification(s) requirements.

O&M Manuals shall include, but not be limited to the following:

  1. Installation instructions.
  2. Operation/Maintenance instructions and schedules.
  3. Lubrication Instructions/Schedules.
  4. Spare parts list and spare parts price lists.
  5. Manufacturers cut sheet, rating data curves, (with applicable sections highlighted).
  6. Belts, sizes, types and lengths, as well as pulley sizes.
  7. Test report(s) and inspection report(s), as specified.
  8. Serial numbers of all principal pieces of equipment.
  9. Seller’s name, address, phone number and contact name.
  10. Wiring and control diagrams as specified for both packaged equipment, interconnecting and field equipment installed.Final setting for all controls, with control point(s) and throttle range(s) shall be included on the final revision of the control drawings.
  11. Cleaning report(s), as required.
  12. Three (3) complete sets of the final approved revision(s) of the control diagrams and the valve charts shall be mounted in an acceptable frame with clear glass front, or as otherwise specified.


                                                                                        The total dollar amount of $__________ (or percentage) will be withheld until O&M  manuals are accepted.



Seller shall provide start-up services for all the equipment furnished on this Purchase Order.  Start-up shall include, but not be limited to, alignments, calibrations, testing, and all specific or necessary training of Owner’s personnel, as specified by the contract documents. Seller is to pay for all costs associated with start-up services.  Start-up of equipment is required to be performed by a factory authorized representative or qualified agent, thereof.  Purchaser shall withhold 5% of the total Purchase Order amount, or an amount as otherwise specified in the Purchase Order line Item breakdown, until start-up services are completed and accepted by Purchaser and Owner.                                  

In the event that the goods ordered hereunder require, in connection with the installation thereof, the services of a supervisor, expert, or other employee connected with or employed by Seller, Seller agrees to furnish same, without additional charge.  It is understood that such individual shall not, while performing his duties with respect to the goods covered by this Purchase Order, be deemed an agent or employee of Purchaser, and Seller will assume full responsibility for all acts and omissions of such party. 



Purchaser as part of its Total Quality Management Program hereby requires that Seller comply with a Quality Management Program in providing the materials and services required hereunder. Upon request, Seller will provide Purchaser  with a copy of said Program.  Should Seller not have an acceptable written Quality Management Program, Seller agrees to abide by Purchaser’s current Quality Management Program.  Where shop inspection is required by  Purchaser, Seller shall notify Purchaser by telex or telephone at least five (5) days prior to the date such items shall be ready for inspection.  The initial inspections performed at Purchaser’s facility on receipt of material is conditional acceptance only and shall not waive the right of  Purchaser to reject the material which develops defects due to latent causes during installation and test of the product. The warranty period shall not commence until the project is completed and accepted by the Owner as per the specification requirements.

Seller warrants that all articles, material and work supplied by Seller under this Purchase Order will be merchantable, fit for Purchaser’s and Owner’s intended purposes, shall be free from defects in design, material and workmanship, and will conform to the Specifications, Drawings, samples or other descriptions furnished or adopted by Purchaser.  Seller also warrants to Purchaser that services will be performed in a first class workmanlike manner consistent with industry standards. In addition, if material furnished contains one or more manufacturer’s warranties, Seller hereby assigns such warranties to Purchaser. All warranties shall survive inspection, acceptance and payment.

Seller agrees to repair or replace free of charge any part or parts that prove defective or that do not operate per the plans and specifications.  Seller also guarantees that the items as specified in the Purchase Order are of sufficient size or capacity to perform as specified. Should the items not perform as guaranteed, Seller agrees to make promptly all necessary alterations, repairs, and replacement at no cost to Purchaser or Owner. Seller further agrees to bear all costs associated with the removal and/or correction of work of others necessary to perform the warranty work.  If the defects or failure to function cannot be corrected, Seller agrees to promptly replace said items at no cost to Purchaser or Owner or to remove the items and refund the full purchase price.  Such remedies shall be available to Purchaser in addition to all others afforded to it at law or equity.



From the time that Seller delivers the equipment, through set up and the start-up and/or system commissioning periods, and until Owner acceptance occurs as outlined herein for warranty commencement, Seller shall provide on-site project instruction to purchaser’s personnel for all the required and/or necessary preventative maintenance as is recommended by the manufacturer. Instruction to include the manufacturer’s written procedures and documentation requirements. Should purchaser require that Seller actually perform the on-site preventative maintenance requirement(s), then Seller shall provide a written quote to purchaser for review and approval.  When approved, all such additional costs will be reflected as a separate purchase order line item break-out.



Seller agrees to indemnify and hold harmless Purchaser, its officers, agents, employees and vendees from any and all loss, expense, damage, liability, claims or demands, either at law or in equity, including attorney’s fees, for actual or alleged infringement of any patent, invention, design, trademark, or copyright arising from the purchase, use or sale of materials or articles required by the Purchase Order.


1.14        TERMINATION.

Purchaser may terminate the work to be performed under this Purchase Order in whole or in part at any time, with or without cause, by written notice to Seller. The parties shall thereupon agree by negotiation the amount of reimbursement, if any, to be paid to Seller for such termination.  Any such payment shall be in accordance with the stated negotiated payment terms as reflected on the purchase order thereof.


1.15        DEFAULT.

If Seller fails to perform any of its obligations hereunder, Purchaser shall be entitled to all remedies and damages provided by law.



Purchaser will not accept shipment at any increase in price that is indicated in this Purchase Order unless this Purchase Order has been modified in accordance with Section 1.2 above.



Seller shall employ or contract with only such labor as will work harmoniously with other labor employed by or contracted with Purchaser.  Seller agrees that whenever an actual or potential labor dispute delays or threatens to delay the timely performance of this Purchase Order, Seller shall immediately give notice thereof to Purchaser and will be obligated to Purchaser to take all steps to resolve the impact to Purchaser of such dispute, including but not limited to replacement of Seller’s labor.


1.18        LIENS.

Seller shall promptly pay all amounts due for labor, materials and equipment used in Seller’s performance of this Purchase Order. On request by Purchaser, Seller will furnish evidence acceptable to Purchaser of such payments and obligations.  In the event Seller’s suppliers or subcontractors file any lien or claim relating to this Purchase Order, Seller shall indemnify and hold harmless Purchaser and Owner and shall bond over such lien within five (5) days of notice from Purchaser.  Purchaser reserves the right to pay such claims or bond over such liens upon notice to Seller and deduct all cost thereof from any amounts due to Seller.


1.19        APPLICABLE LAW.

This Purchase Order shall be governed by these terms and conditions, the drawings, specifications, addenda and other contract documents. In the case of conflict between these documents Seller shall be bound by the more stringent requirement as determined by Purchaser. Otherwise, the validity, interpretation and performance under this Purchase Order shall be governed by the laws of the state where the project is located.   Purchaser is an Equal Opportunity Employer.  Unless exempt, Seller shall comply with the Equal Employment Opportunities of the Civil Rights Act of 1964 (as amended), executive Orders 11246 and 11375 (as amended), Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, the Vietnam Era Readjustment Act of 1974, Federal, State, and/or local safety related laws and regulations, the Hazard Communication Standard for the Construction Industry and any Federal, State and local Right to Know legislation, and with all other governmental laws, orders and regulations relative to wages and hours of labor.  The prevailing party in any legal action between the parties relating to this Purchase Order shall be the party that receives an award of at least 75% of its total claims in an action or that is required to pay no more than 25% of the other party’s total claims in an action.  The prevailing party shall recover from the other party reasonable legal costs, including attorney’s and consultant’s fees, in connection with such action.  Any action between the parties shall be filed in the Superior Court of California in Los Angeles County or in the United States District Court for the Central District of California, Western Division.



Seller shall not assign or transfer this Order, or any part hereof, or any amount due and payable or to become due and payable hereunder, without the written consent of Purchaser.  Any such assignment or transfer without such written consent shall be null and void.


1.21        U.L. REQUIREMENTS

                All electrical components will be U.L. approved and labeled, including control panels as a completed unit.


1.22        INDEMNITY

Seller shall indemnify and hold Purchaser harmless from and against all suits or claims that may be based upon any alleged injury to or the death of any person or damage to property or economic loss that may occur or that may be alleged to have occurred in the course of performance of the Purchase Order, except if the negligent act or omission of Purchaser was the sole cause.  Seller shall, at its own cost and expense, pay all costs and expenses of suit, including attorneys’, consultants’ and/or experts’ fees in connection therewith, and any judgment rendered therein. Any alleged separate or proportional liability by Seller shall be determined after Seller’s satisfaction of its indemnity obligations hereunder.  When requested, Seller shall provide proof of insurance acceptable to Purchaser covering its obligations herein.



Neither party shall be liable to the other for any indirect, consequential or special damages, even if a party has been advised of the possibility of those damages or those damages could have been reasonably foreseen by that party.  This section shall not, though, limit in any fashion Seller’s obligations or liabilities under the warranty and indemnification provisions of this Purchase Order.

These Terms and Conditions of Use apply to you when you view, access or otherwise use the website located at www.murraycompany.com (the “website”) or private blog location confidential (the “blog” or “weblog”) or both website and private blog (the “website/blog”). The website/blog is owned by Murray Plumbing and Heating, Inc., (Murray Company.) We grant you a nonexclusive, nontransferable, limited right to access, use and display the website/blog and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.


1. No Professional/Legal Relationship. We provide this website/blog for general informational purposes only. By using the website/blog, you agree that the information on this website/blog does not constitute legal or other professional advice. The information on the website/blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the website/blog on a regular basis, it may not reflect the most current information. The opinions expressed at or through the website/blog are the opinions of the author and may not reflect the opinions of the firm or any individual.


2. Privacy. Your use of the website/blog constitutes your consent to Murray Company’s privacy policy which is disclosed later in this page.


3. Copyright Notice.  All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to Murray Company, or the party listed as the provider of the materials or software.  UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANMCITTING OR DUPLICATING OF ANY OF THE MATERIAL ARE PROHIBITED WITHOUT PROPER CONSENT.  You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided that you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

© Copyright 2016 Murray Company Mechanical Contractor, All rights reserved.  All use subject to Terms and Conditions of Use set forth here.


4.  Commercial Use of Murray Company Site Materials and Screen Shots.  Reproduction, copying, or redistribution of materials on the Murray Company Site for commercial purposes is prohibited without the express written permission of Murray Company.  Any use, reproduction, or distribution of material on this Site which constitutes the personal information, property, or photograph or other depiction of any particular Murray Company employee may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney.  To obtain permission to copy portions of this site, please send email to marketing@murraycompany.com and provide the following information in the body of the email:

  1. the content you wish to use;
  2. where, when and how it will be used (for example, a seminar, newsletter or news article);
  3. where and how copies will be distributed and to what audience;
  4. how many copies will be produced and distributed;
  5. what other materials will be associated with the Murray Company content; and
  6. your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible.  Murray Company reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site. 


5. Service Mark Notice. “Murray Company,” “MC,” and other related marks are service marks of Murray Company and are protected by law.  They may be used publicly only with permission from Murray Company.  Fair use of the service marks requires proper acknowledgment.  ALL RIGHTS RESERVED. 


6. Links to Other Sites and/or Materials.  Links may appear on the Site that may be used to link to other Site(s).  These links are provided solely as a courtesy to our Site visitors.  Murray Company has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. Murray Company is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites.  If you decide to access any of the linked Sites, you do so entirely at your own risk.  Murray Company reserves the right to terminate any link at any time. 


7. Prohibited Actions.  You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.  Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law.  You may not use the Site for anything other than a lawful and legitimate purpose.  You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.  You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site.  The Site is not intended for use by anyone under the age of 19.  We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious. 


8. Modification of Terms and Conditions of Use. Murray Company reserves the right to revise these Terms and Conditions of Use at any time by updating this posting.  Your continued use of the Site constitutes your agreement to comply with such revisions, if you should visit this page from time to time. 


9. Email May Not Be Used to Provide Notice.  Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to Murray Company or any of its officers, employees, agents or representatives, such as where notice to Murray Company is required by contract, or any federal, state or local laws, rules or regulations. 


10. Disclaimer; Limitation of Damages. 

(a) Murray Company expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site.  THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MURRAY COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. 



11. Applicable Laws; Venue. Murray Company operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations.  The display of the Site alone does not subject Murray Company to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited.  If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations.  You may not use or export any of the Site materials in violation of U.S. export laws and regulations.  Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein.  Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California.  The access, viewing or use of this Site constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.

Murray Plumbing and Heating, Inc. (“MC”) contacts such as clients; vendors; and personnel are located throughout the United States.  In the course of its operations and through its representation of its clients, MC at times comes into custody of certain personal information. This Privacy Policy (this “Policy”) is being implemented to the principles contained therein. This Policy applies to all personal information received by MC in the United States.


1.  Notice.  Where MC collects personal information directly from individuals in the United States, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which MC discloses that information, the choices and means, if any, MC offers individuals for limiting the use and disclosure of personal information about them, and how to contact MC.

Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to MC, or as soon as practicable thereafter, and in any event before MC uses or discloses the information for a purpose other than that for which it was originally collected.  Where MC receives personal information from other entities in the United States, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.


2.  Choice.  MC will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.  For sensitive personal information, MC will give individuals the opportunity to affirmatively and explicitly consent (opt-in) to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual, unless the purpose is necessary to establish legal claims or defenses.


3.  Data Integrity.  As a part of this Policy, MC ensures that any personal information is relevant for the purposes for which it is used.  MC takes reasonable steps to ensure the data is reliable, accurate, complete, and current for its intended use.


4.  Transfers.  Personal information is not disclosed to third parties other than to certain entities providing services to MC, and then only if such disclosure is permitted under applicable law and only if the third party operates in accordance with MC’s privacy and data security standards, and for the purposes of MC’s representation of its clients.


5.  Access.  Upon request, MC will grant individuals reasonable access to personal information that it holds about them and will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, unless such disclosure could interfere with private causes of action or a fair trial.


6.  Enforcement.  MC maintains strict security and confidentiality policies that govern all information any attorney or other personnel of MC receives in the course of his or her employment or association with MC.  All personnel are made aware of these policies and MC has in place procedures to train all personnel in the implementation of these policies.  Failure to adhere to MC’s privacy policies results in appropriate discipline.  MC has in place procedures for periodically conducting objective reviews of compliance with this Policy.


7.  Verifications; Dispute Resolution.  MC’s Corporate Office will verify compliance and designate a contact for handling questions, complaints, and other privacy issues.  Please email marketing@murraycompany.com


8.  Limitations.  MC’s adherence to the privacy principles may be limited (a) to the extent required to respond to legal or ethical obligations; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by applicable law or regulation.


9.  Amendments.  This Policy may be amended from time to time, consistent with the requirements of the general privacy principles.  If MC decides to amend this Policy, it will inform you by posting the amended Policy on the MC website.  The amended Policy will go into effect on the revision date disclosed in the amended Policy.  This Policy was last revised on: August 2016.


Murray Plumbing and Heating, Inc., a California Corporation DBA “Murray Company“ and “Murray Company Mechanical Contractors.”   

© Copyright 2016 Murray Company Mechanical Contractors. All rights reserved.