STANDARD PURCHASE AGREEMENT
THE WARRIOR GROUP, INC.
ISSUING OFFICE: 1624 Falcon Drive, Suite 100, DeSoto, Texas 75115
PHONE NO.:
972-228-9955
FAX NO.: 972-228-9972
Date of Issue:
Vendor:
All American building Systems
Address: 1418 South 13th Street
Decatur, Indiana 46733
Attn:
Mark McLendon
Phone:
260-724-9171
Fax:
260-728-2282
Purchaser: The Warrior Group, Inc.
Address: 1624 Falcon Dr., Ste. 100
DeSoto, TX 75115
Phone:
972-658-7435
Fax:
972-228-9972
ORDER NO.:
10-0707-C-2075-22
Buildings 4 and 3
NOTE: THE ORDER NUMBER MUST BE REFERRED TO IN ALL CORRESPONDENCE INVOICES AND
OTHER DOCUMENTS ISSUED RELATING TO THIS ORDER.
FREIGHT TERMS (See Para. 5)
PAYMENT TERMS (See Para. 4 and 6)
GOODS / SERVICES: (See Exhibit "A")
SHIP VIA (See Para. 4 and 5)
TO THE WARRIOR GROUP, INC. AT AND FOR THE PROJECT DESCRIBED AS:
BCT-H complex, Increment 2, barracks PN 65474
UNACCOMPANIED ENLISTED PERSONEL HOUSING (UEPH)
Indefinite Delivery/Indefinite Quantity (IDIQ) for Design Build Services
2817 Khe Sanh Street, building 2137
Fort Carson, CO 80902
Prime Contract # W9128F-07-R0004
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE VENDOR NAMED ABOVE AND THE
WARRIOR GROUP, INC. HEREIN KNOWN AS WARRIOR GROUP.
WITNESSETH THAT FOR THE
CONSIDERATION TO BE PAID BY WARRIOR GROUP HEREINAFTER SET FORTH AND SUBJECT TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE VENDOR AGREES TO FURNISH, SUPPLY
AND DELIVER THE GOODS AND/OR SERVICES DESCRIBED BELOW IN COMPLETE ACCORDANCE WTH
THE GOVERNING CONTRACT DOCUMENTS, INCLUDING ANY ADDENDA OR AMENDMENTS THERETO,
FOR WARRIOR GROUP'S USE AND/OR INCORPORATION INTO THE ABOVE CAPTIONED PROJECT:
1.
This Standard Purchase Agreement and all exhibits ("Agreement") shall be
governed by and performed in accordance with the applicable provisions of the
purchase agreement ("Contract") entered into between WARRIOR GROUP and Hensel
Phelps Construction Company ("Contractor") and the prime contract between the
Owner of the Project and Contractor, including the plans and specifications and
addenda or amendments issued thereto (collectively, the "Contract Documents").
Except as otherwise provided herein Vendor hereby assumes toward WARRIOR GROUP
all obligations which WARRIOR GROUP assumes toward the Contractor under the
Contract Documents with respect to the work to be performed and the goods to be
supplied pursuant to this Agreement. In the event of any conflict or
inconsistency between the terms of this Agreement and the terms of the Contract
Documents, the terms of this Agreement shall control and prevail.
2.
Vendor warrants that the prices charged in connection with this order conform to
all applicable government regulations. Vendor further warrants and agrees to
defend and hold harmless WARRIOR GROUP from and against all suits or claims
arising herefrom for infringement of any patent rights held or alleged to be
held by others relating to the Goods and Services to be provided under this
Agreement.
3.
Vendor acknowledges WARRIOR GROUP status as a consumer. If a sales tax or use
tax is applicable to the purchase hereunder, Vendor agrees that such a tax will
be setforth as a separate item for billing purposes and is included in the price
set forth in this Agreement except to the