Preview
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
Page 1 of 3
61500-CW
$ JUL 09, 2013
Vendor: DAY & NITE REFRIGERATION Project Chris Wolske
10 CHARLES STREET Manager: chris.wolske@baring.com
NEW HYDE PARK, NY 11040
Phone: 516-378-u76
Fax: jeanne@day-nite.com
. ..
Bill To: Baring Industries PLAZA CONSTRUCTION CORP.
Ship To:
3249 SW 42nd Street NYY STEAK
Ft, Lauderdale, FL 33312 7 WEST 51ST STREET .
Phone: (954)327-6700 NEW YORK, NY 10020
Fax: (954)327-6793
Ship the week of: Ship Vla: FOB Point: Terms:
07/09/13 BEST WAY . DESTINATION NET 30
PER ATTACHED
Origination/Execution: FT. LAUDERDALE / PARSIPPANY, NJ
Item Qty Description . Each Total
Z.99999.1 1 DAYN-P121177-CO1-1 66,250.00 66,250.00
Installation, refrg. systems, & draft beer : Installation
Vlark carton for NY YANKEES STEAKHOUSE-121177
tem # Z.99999.1
Purchase Order Total $66,250.00
Certifications: Equipment must be UL / ETL and NSF Approved.
Authorized Signature Maria Danin
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
.. .
Page 2 of 2
Mëts
61500-CW
JUL 09, 2013
Vendon DAY & NITE REFRIGERATION Project Chris Wolske
10 CHARLES STREET Manager: chris.wolske@baring.com
NEW HYDE PARK, NY 11040
Phone: 518-378-1176
Fax: jeanne@day-nite.com
Bill To: Baring Industries PLAZA CONSTRUCTION CORP.
Ship To:
3249 SW 42nd Street NYY STEAK
Ft. Lauderdate, FL 33312 7 WEST 51ST STREET
Phone: (954)327-6700 NEW YORK, NY 10020
Fax: (954)327-6793
Required Date: Ship Via: - -- - FOB Point: Terms:
07/09/13 BEST WAY DESTINATION NET 30
These special instructions are a continualien of our purchase order and form an integral part thereof.
1. MARKS: These have to appear on each box shipped as well as on.Inland BIIIs of Lading:-
NY YANKEES $TEAKHOUSE . -
Project No.: 121177
ITEM NO'S
2. Unless special freight arrangsmâñts have been made, ship freight prepaid and have carrier bill BARING'S FORT LAUDERDAl
OFFICE direct for freight. List Baring's PO ñümber on Billof Ladings, Manufacturer are required to provide demonstratit
of equipment to end user.
3.Send copy of Bill of Lading with Invoice to BARIÑG'S FORT LAUDERDALE OFFICE.
4. Send 6 copies of parts, service and inste!!etion manuals directly to BARING'S FORT LAUDERDALE OFFl0E (see address
above) Attn: GINA PENUELA, not with the equipment. Be sure to write on the outside of the envelope: Project Name: NY
YANKEES STEAKHOUSE and Project No.: Project No.: 121177
5. Manufacturer to provide in writing the name, address and phone number of the service agency local to NEW YORK, NY that
will paifórm warranty and repair work. infcrinaucñ should be e-mailed to mañüals bariñ9.com or faxed to 954/327-6793 Attn:
Manuals Department.
6. Appuss to Foodservice Equipmêñt Only: Manufacturer to providea One (1) Year Parts and Labor Warranty, with an
addiUanal Four (4) year Compressor warranty on refrigeratiOn equipment as a minimum. Menefacturer will provide a greater
if required periods will begin at the time of acveptance by Baring's client.
warranty by project specWicaticña. All warranty
7, Please provide serial numbers with Invoice for all electrical equipment.or whenever appHaabie.
8. Please acknowledge receipt of this Purchase order within 7 days.
9. Partial shipments not allowed without prior authorization.
10. Send recommended spare parts Ilst for _ year (s) of epem§on.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
"
BARING INDUSTRES PURCHASE ORDER PROVISIONS Page 3 of 2
t Tenns end acceptance:This orderbecornesa contract(1) when signedacknowledgementis receivedby the Buyer.Or (2) when shipfnenteccordingto scheduleof ell or any portionof
the goodscovered by this order shall be Inade, or (3) when written spprovalis givenSeller by Buyerof the priceend delivery :;chedüisof the goodsas stated by Severif Sellete vnitten
scknowledgmentof this order contelnseithen (s)a differenttype itent or (b) no pdceor no deliveryschedulefor theliem or Hemsfo which Buyer'sspprovalepplies.Exceptas providedin
the precedingsentence,it is a conditbn herein stated,and any alterationin this purchaseorder, shall haveno forcecr effect. and that the Seller by suchacknowledgrnenttherebyagrees
Nat any such provisionsthereincr any su eltera6onsin he order shall not constituteany partof thiscontractof thepurchaseand sale.This contracIcontainsthe entireagreementof
10partles, and faRureof either party to enforceendof Its rightshereundershall not constitutea waiverof Suchlights or of any other rightshereunder.
2. Deliveryis fkne of essence: Buyers scheduresare baseduponthe agreementthatthe Qoodswill bedeliveredto Buyer by the datesspecifiedon the face of the purchaseorder,Time
is rnereforeof the essence andif goods are not deliveredwithin thetime specifiedhereon, Buyarmay re]ectsuch goodsand cance)order.The acceptanceof later or 6efectivedelivedes
shall not be deemeda wolver by Buyerof Its right to cancel thle order,or waive any of Buyers rights,or to refuse to accept furtherdeliveries.
. .
3.Packing: rech packageshall be nurnberedand labeledwith Buyers order number,stock number,contents,endweight, shallcontainan itenitzed packingqTipand sheUbe propedy
prepaidfor shipinent so es to securelowesttranW.5 endinsurancerates andto rnestcarriefs tâq.itect,5rdsunlessotherwisespecifled.Packingslips must be IncludedIn sil
shipmentsand last copy must state*0rder Cornpleted"
4. Invoices: invoices meat be renderedin duplicatenotlater than the day folkyningthe shipment Attachb1Ifof lading or expressreceiptfo each involos.
d. Deliveifes Deliveriesmust be madepursuantto Buyers directions,notto indMdualsor departments.
6. ExtreCharges: No eddit1onÒchargesof any kind,includingchargesfor boxhg, packing,breaking,freight express,carlage, or otherextrasv.€! M-d unless specificallyegreedto in
writing in edvance by Buyer.
7. Payment: Itis Understood1hatthe cash dismM~W will date fromBuyers receiptof $ellets invoice.C.O.D. shipmentswill not be eccepted.Draftswillnot be honored.
6. QuanUtles:The specific quantity orderedmustbe deliveredin fill andnot be changedwithoutBuyer'sconsentInwriting. Any suthorizedquantity is subjectto our rejectionandretum et
Seller'sexpense.
9. Pace: Prices recorded In this order are not subjectto increase,IIpdce is not statedin thisorder,Itis agreedthat the goodsshall be billed at the priceInst quoted,or bliled at the --
preveningmarket price, whicheveris lower.This ordermust not be lilled at a higherpdoe thenthe last quotedor chargedwithout Buyer'sspecificauthorization.
10. Supp!emetery Mf~menam Any special Instructions,specifications,drawings,notes, Irtstrucks, engineeringnotices,or technicaldate referredto In thla Purchaseorder shall be
deemedto be incorporatedherein by referenceas if fully set forth.In case of any discrepandesor quesGons,trie Seller shallrefer to Badngfor decisionor!=±: or for
interpretation.
11. Texes: Exceptas may be otherwiseprovidedin We Pushese Order,the conIrectprice includesell spplicablefederal,statee*ndlocal foxes In effecton the-dateof this Purchase
Order, if spplicable lo Buyer.
12.TechrdcatExpertise: Seler shell provide, at no edditionaicost, technkel edviseeyellableto Seller,as reasonablyrequestedby buyer.
13. Fabricationand Matedai Ced..m: UnlessotherwiseauthodzedIn writing by Buyer, Selfershall not makecomrnitrnentsfor materletsnor fabdcaleIn edvanceof IIrne necessary
to permit shipmenton delivery dates,
14.Work at site' Whenthis ordertncludesInstallation,or work et site-
0 All work, whetheron or off site, shall be dinein sidet accordancewnh union regulatbns,when appilcable.
b} The propertype of labor shall be employedto theend that there shall be no strikes,stoppages.or slowdowns.
o) certircates of Insuranoesausfactoryto Baringmustbe furnishedbeforework may be startedc
d) You shall comply with off requirementerelatingtojob procedures,formaliUes,payroll,etc. FundeleItsmay beobleined at thejob.
e) You sesumefull liability for all taxes, includingbut not limitedto sales,use, property,socialsecurity,unemployment,disability income,v‡Mwrg, elo. now or hereInafter
imposed by federet,state or municipalgovemments,orany subdMsionthereof.
15. indemnificationby Seller: The Seller vdil Indemnify,save harmless,anddefendthe Buyerfromall liabilityfor toss.demage.or lrduryto personor propertyin any manrtererisingout
of or incident to the performanceof the contractandthe goods.sold anddeliveredunder the termsóf thiscontract.
16. InspectionendAcceptance: All goodsshall be receivedsubjectto Buyete rightof inspec(lonandrejection.Defectivegoodsor goodsnot in accordancewith Buyer'sspecificaEons
will be held for Sellers instructionat Sellets dsk and if Seller sodirects. will be relumedat Seller'sexpense.ifInspection discbsea thatpartof the goods receivedara not in accordance
with Buyers specifications, Buyershall have the right10cancel ony unshippedpordonof the onSer.Paymentfor goodson this order priorto Inspectionshall not constlMe ecceptance
thereof and ISWlthoutprejudiceto eny andAll claims that Buyer may have againstseller,
17. Warranty Specifications: Seller expresslywartantsthat alf the materialsend articlesoWered by this crderor otherdescripÓonor em ^ famished by buyerwig be in exact
accordancewith such order, desodptionor specificeSonend freefromdefects In inatedaland/orworkmanship,end merchantable.Such warranty shall survivedelvery, and shall notbe
deemedwolved either by reasonof Buyers acceptanceof sold matedalsor ediclesor by paymentfor them.Any desistionsfromthis orderor spectication (Umishedhereunder,or any
other exceptionsor alteratbne mustbe eppW M writing by Buyers PurchasingDeperiment,This warrantyshell be In addldento any other warrantyof Seller.
18.Patents:Seller warrante the materialpurchasedhereunderdoesnot infringe any letter patentgrantedby the UnitedSistes and covenantsend agrees to waive hermlessand pro'ect
Buyer,its successors,assigns, customersend usersfrom Infrkgementsclaims.
19.Applicable Laws: SeHerrepresentsthat the merchandleecovered by % orderwas not manufacturedand Is not being soki or phoedin violationof any federal, stateor tocollaw
20. Fair i..aborStandards Act' Selleragrees that goodsanippedlo Buyertraderthisorder wiftbe producedin compliancewith the FòirLeborStandardsAct
21. Errors: Stenographicaland clericalerrors aresubjectto correction.
22,Assignment Tifrs contract may not be easignedby Se18er
withoutBuyer'swrittenconsent,
23. laterpretationof Contract• Thiscontact shall be construedaccottling to the lawsof the Sate of Ffodda.
24. Goveming Law This documentshall constitutean agreementmadein the Stateof Roride, Dade County,andshaltbe govemedby the laws of the State of Floride,end any suit
or sollon brought to enforce this agreementshallbobroughtin Dede County,Florida.
25. Attorney's Fees: If Buyer has to employ an attomeyor bring otheracion to enforcethis agreement,the Seller shall pay sit of Buyers attomers feesand court cost plus latere4L
7. The provisionsof the EqualOpportunity Clausespuragantis Section202of ExecutiveOrder11246,as emended;41 CFRSecUon60-1AO:and for workerswithdisablllties es set
SecacW2'" A are hereinincorporated
thIn 41 CFR Sections60-741,4 and 60-741,5eswea as tor specie1disabledveteransend veteransof the VietnamEra as set forthIn 41 CFR
y reference.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
. ;.
BARING INDUSTRIES
3249 S.W. 42 ST. * Fr. LAUDERDALE,FLORIDA33312 U.SA
PURCHASE ORDER
PHONE (954) 327-6700 * PAX(954) 327-6793 . 4 7/292013 61500-CW
FieB NIOWfi@WAB
The pmhne o ded PmlectmW 121177
mustappearon al correspondence,
inyakes, packages& shippingpapers.
. DAY & NITE NYY STEAK
. 10 CHARLBS STREET 7 WEST 51st STREET
NEW HYDB PARK, NY 11040 NEW YORK, NY 10020
PHONE: 516.378.1176
FAX: 516.378.1735
.. .¬.------ ------ ---m-mwar,wwwm-mem
NA NA NET 30 WILL ADVISB
Provide all of the necessa y labor, tools and materials to install aH of the refrigeration systems by RDT per drawing, and Beer System by
. Perfection. Includes achurdGñ©stion system for dry aging walk-in and remote e±±Mag units on outdoor roof. I sm"ador to include:
• Receive, uncrate set and secure in place and make ready for final cüu-dsa refrigeration systems as detailed in the written
specifications. Include refrigemtion piping, refdgerâüt, hanger systems, insulation, valves, etc. for a complete operstag system.
Unless otherwise stated in specifications, building penetrations will be supplied by the General Ce±ector. of
Sealing
penetrations with approved sealant is part of this work.
• Provide tools necessary for=!±;; and hoisting that are required for project.
e Included in the cost are all travel and living expenses.
• One year service on systems.
• All work to be performed in accordance with plans and specifications or as agreed upon in writing.
*
• The project is to be staffed accordkgly to meet the needs of the project schedule. Work to be pcrfora-ed hours set by the
during
General Contractor.
• Attend all supcdstcñdent meetings on site during installation duration; coopciate/work with other trades.
. • Prior to beginning work, submit Iabor rates for all levels of trade to Baring Edssets for approval. Approved labor rates will be
applied to extra work authorized by Baring industries.
• Provide written daily work reports to Baring and General Contractor.
• Check in equipment item by item when it arrives at the jobsite and provide with written annumentation of items received noting
any damage.
• Protect all equipment from incidental damage that could occur through the normal course of the pmject by covering with a
protective covering (cardboard, Masonite, eto.) surfaces prone to damage.
• Coordinate work with other trades on site, permitting these trades to perform their requimd tasks as the equipment is bemg
installed. Note work deficiencies of other trades.
• Unless prohibited by trade jurisdiction, complete all mechanical, electrical and pkmbing field splices as einip::d is saacrchicd.
.• Remove trash to on-site, General Contractor designated location.
• Supply measurements for and install Baring supplied trim for pr.=m as required for the project.
• Perfomi workrequired to satisfy punch list items.
• No extra work will be undertaken or paid for without prior acknowledgcrûcat and written change püichase order issued by
Bering Indmfrie If work is to be performed on a time and materials basis, labor will be paid in accordance with agreed to rates
and a maximum of 15% combined oved1ead and profit mark-up will be allowed on mater½igniprzrd provided. Installer may
be required to provide invoices for materials to support claims.
• When overtime is squested and approved by written purchase order from Baring Industries, only the premium of the actual
wage and associated burden (taxes, insurances, otc.) will be paid. Baring may request certified payroll records be provided to
support overtime payment requests.
• Subcontractor (histaller} agrees to provide Baring, upon request, with cridcacc neefactory to Baring showing paymerit of
2
monies owed has been made to sub-suke±ectors, material suppliers, cquipscat suppliers, lab , me ding payroll,
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
BARING INDUSTRIES
s249 S.W.42 ST. * FT. LAUDERDALE,FloRIDA 38312 U.S.A.
PURCHASE ORDER
. PHONE (9s4) s27-8700 • FAX (9s4) 327-6793 5 7/292013 61500-CW
the PwchoseOrder& Projectoumber
musteppearco a correspondence,
invoices.packages& shippingpapers.
DAY & NITE NYY STEAK
10 CHARLES STREET 7 WEST 51st STREET
NEW HYDE PARK, NY 11040 NEW YORK, NY 10020
PHONE: 516.378.1 176
FAX: S16.378.1735 .
NA NA NET 30 WILL ADVISB
payroll taxes, health and welfare benefits, and other ~3nt utione which may be required by law, or any other payments owed by
Subcontractor in connection with Baring projects in the event Subcontractor owes money, is past due on payments, or Baring
reasonably believes Subcontractor owes money, is past due on payment: or will not satisfy debts owed in connection with Baring
projects, Baring reserves the right to issue joint checks to Subcontractor and sub-subcontractors, material supplie=, equipmcat
suppliers, labor unions, etc. or pay such entities directly on behalf of Subeentractor upon notice to Shenhe½r.
• Meet all required insurance needs drug tests, etc.
• At least one person from the installer's staff will be required to have completed a iniñimam of a 10-Hour OSHA Safety Course.
• The installer a copy of their Safety Manual for review and spproval.
will provide If there is no safety manual available, the
installer will adopt the project Safety Manual issued for the project by the Owner or General Contractor.
• When requested, to satisfy Owner or Cenheter provided ir,swâüce needs, or satisfy Baring [ndustries contract requitcments,
installer will provide certified payroll for work performed,
• When insurance is pavided by the Owner or General Centee½r, installer will comply with all requirements of Owner's or
Contractor's insurance program.
• All i-s1ëce and a signed acknowledgement
certificates copy of this purchase order must be forwarded to Baring prior to
Baring making any paymcata for work covered by this purchase order. Insurance scqdæ3 will be in accordance with the
requircracats of Baring's cHent. If no insurance requirements are atated by Baring's client, insurance will be required in
accordance with the attached.
• An original Release of Lien will be required before final payment is released.
• At its sole discretion Baring may, at any time, tc=!natc Installer for cause or convenience upon giving of written notice to
Installer. In no event shall Installer be entitled to consequential damage or loss of profits for the work not yet perfonned. If
terminated for ccävenicace, Installer shall be entitled to be paid all costs for work provided hereunder including ressorshle and
necessary costs of termination.
• Do not penetrate any waterproofing membrañc on floors, depressions, or any other place without prior approval by Ba ring
Industries. Any penetrations must be made in approved method to prevent water leakage.
Cost of work to be performed is as follows:
Refrigeration systems $ 59,000.00
Install draft beer system . S 7,250.00
TOTAL: $ 66,250.00
NOTE: SEB PAGES 6 & 7 WHICH ARE PART OF THIS PURCHASE ORDER.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
BARING INDUSTRIES
3249 S.W.42 Sr. * Fr, 8.AU'"*^¾ti, FLORIDA33312 U.S.A.
PURCHASE ORDER
PHONE (954)327-670D * FAX (954)827-6793
6 7/9/2013 61500-CW
The PachaseOrdera Projectnumber 121177
mustappearon all correspondence,
invoices,packages& shippingpapers.
DAY & NITE
10 CHARLES STREET NÝY STEAK
NEW HYDE PARK, NY 11040 7 WEST 51st STREET
PHONB: 516.378.1176 NEW YORK, NY 10020
FAX: 516.378.1735
NA NA NET 30 ILL ADVISE
Wif P'T458iMrSW418ME6FIsilliREgWARTâiRilifAFMEikTMRRWAlir@IOEig
I, Contractor must furnish Baring a Certificate of Insurance covering liability (Bodily Injury and Property
Damage) for a minimum of $500,000.00 per occurrence. Workman's Compensation, Automobile
Liability (Bodily Injury and Property Damage), Bmployers Liability and Contingst Public Liability for
all sublet work. Baring must be an additional named insured and should be so named as a certificate
holder. There must be a 30 day cancellation notice provision.
Wheñêver Contractor subcontracts out any or all ofhis work, the foregoing will apply to the contract,
If the Contractor fails to procure or maintain the required insurance coverage, Baring shall have theright
to procure and maintain same for and in the name of the Contractor, and the Contractor shall pay the cost
upon demand or Baring shall have the right to deduct said cost from any monies due
thereofimmediately
and shall fumish all information to make effect.ive and maintain such insurance
Contractor, accessary
coverage.
II, The CONTRACTOR hereby agrees to indemnify and hold BARING harmless and hereby agrees to
assume the entire responsibility and liability for any and all damage or injury of any kind or nature
whatever death . to person, whether an employee of the
(including resulting therefrom) any
CONTRACTOR or otherwise, and to all property, caused by, resulting from, arising out of or occuning
in connection with the perfonnance of the services provided by CONTRACTOR hereunder; and if any
such claims for damage or death are made or asserted against
injury (including resulting thereunder)
· the CONTRACTOR agrees to and hold harmless BARING, its officers, agents,
BARING, indemnify
servants and/or employees from or against any and all such claims and liability, resulting therefiom,
but not limited to all liability, damage or injury, including legal fees and
including loss, costs, expemes,
disbursements incurred its officers, agents, servants and/or employees, as a result,.directly
by BARING,
or of the CONTRACTOR'S and CONTRACTOR does hereby agree on behalf of
indirectly action5;
its officers, servants and/or to defend action, at law or equity which
BARING, agents, employees, any
be brought against its officers, agents, servâñts, or employees upon or by reason of such
may BARINO,
claims upon demand BARING and agrees to pay on behalf of BARING, its officers, agents, servants
by
and employees,
MARIA DANIN
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019
BARING {NDUSTRIES
3249 S.W,42 Sr. • FT. L iiOEG.DALE,FLOR(DA33312 U.S.A.
PORCHASE ORDER
PHONE (954) 327-S700* FAX (954] 327-6793
7 7/9/2013 61500-CW
W#d15deiEiffiW BERiMeleBBiRlilB
The PurchaseOrder& Projectnumber 121177
mustappearori e11correspondence,
bivoices packsges& shippingpapets.
DAY & NITB
10 CHARLES STREET NYY STEAK
NEW HYDE PARK, NY 11040 7 WEST 5 ist STREET
PHONE: 516,378,1176 NEW YORK, NY 10020
FAX: 516.378.1735
4A NA NET 30 UILL ADVISE
freWEEN#5MWBelf:MeWinmWKWh4FWitRif493MWRWS
upon demand the amomt of any legal fees and costs sustained, including the amount of any judgement
which be entered against its agents, servants and/or employees in any such
may BARING, officers,
action. In the event of such liability, damage and/or injury arise or are
claims, losses, cost, expenses,
served or threatened against BARING, its officers, agents, servants and/or employees, BARING
made,
shall have the right to withhold from payments due or to become due the CONTRACTOR, an
any
amount sufficient in its judgement to protect and indcmaify said Parties against such claims, losses,
exp6ñses, liability, damage or injury, including legal fees and.disbursements.
be on this purchase order without a revised purchase order
No deviations or additions will allowed
including such change of work being issued by Baring,
Please the attached Aclmowledgement and return together with the Insurance Certificate, to Baring
sign
Industries, Inc., Attn: Joyce Mayer.
attached payment requisition form has to be submitted whencvor requesting payment.
The
CHRIS WOLSKB at 973-794-6491 for inctanarian time frame.
Please call
ACCEPTED BY:
Name:
Date: O
MARIA DANIN
Preview
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 Page 1 of 3 61500-CW $ JUL 09, 2013 Vendor: DAY & NITE REFRIGERATION Project Chris Wolske 10 CHARLES STREET Manager: chris.wolske@baring.com NEW HYDE PARK, NY 11040 Phone: 516-378-u76 Fax: jeanne@day-nite.com . .. Bill To: Baring Industries PLAZA CONSTRUCTION CORP. Ship To: 3249 SW 42nd Street NYY STEAK Ft, Lauderdale, FL 33312 7 WEST 51ST STREET . Phone: (954)327-6700 NEW YORK, NY 10020 Fax: (954)327-6793 Ship the week of: Ship Vla: FOB Point: Terms: 07/09/13 BEST WAY . DESTINATION NET 30 PER ATTACHED Origination/Execution: FT. LAUDERDALE / PARSIPPANY, NJ Item Qty Description . Each Total Z.99999.1 1 DAYN-P121177-CO1-1 66,250.00 66,250.00 Installation, refrg. systems, & draft beer : Installation Vlark carton for NY YANKEES STEAKHOUSE-121177 tem # Z.99999.1 Purchase Order Total $66,250.00 Certifications: Equipment must be UL / ETL and NSF Approved. Authorized Signature Maria Danin FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 .. . Page 2 of 2 Mëts 61500-CW JUL 09, 2013 Vendon DAY & NITE REFRIGERATION Project Chris Wolske 10 CHARLES STREET Manager: chris.wolske@baring.com NEW HYDE PARK, NY 11040 Phone: 518-378-1176 Fax: jeanne@day-nite.com Bill To: Baring Industries PLAZA CONSTRUCTION CORP. Ship To: 3249 SW 42nd Street NYY STEAK Ft. Lauderdate, FL 33312 7 WEST 51ST STREET Phone: (954)327-6700 NEW YORK, NY 10020 Fax: (954)327-6793 Required Date: Ship Via: - -- - FOB Point: Terms: 07/09/13 BEST WAY DESTINATION NET 30 These special instructions are a continualien of our purchase order and form an integral part thereof. 1. MARKS: These have to appear on each box shipped as well as on.Inland BIIIs of Lading:- NY YANKEES $TEAKHOUSE . - Project No.: 121177 ITEM NO'S 2. Unless special freight arrangsmâñts have been made, ship freight prepaid and have carrier bill BARING'S FORT LAUDERDAl OFFICE direct for freight. List Baring's PO ñümber on Billof Ladings, Manufacturer are required to provide demonstratit of equipment to end user. 3.Send copy of Bill of Lading with Invoice to BARIÑG'S FORT LAUDERDALE OFFICE. 4. Send 6 copies of parts, service and inste!!etion manuals directly to BARING'S FORT LAUDERDALE OFFl0E (see address above) Attn: GINA PENUELA, not with the equipment. Be sure to write on the outside of the envelope: Project Name: NY YANKEES STEAKHOUSE and Project No.: Project No.: 121177 5. Manufacturer to provide in writing the name, address and phone number of the service agency local to NEW YORK, NY that will paifórm warranty and repair work. infcrinaucñ should be e-mailed to mañüals bariñ9.com or faxed to 954/327-6793 Attn: Manuals Department. 6. Appuss to Foodservice Equipmêñt Only: Manufacturer to providea One (1) Year Parts and Labor Warranty, with an addiUanal Four (4) year Compressor warranty on refrigeratiOn equipment as a minimum. Menefacturer will provide a greater if required periods will begin at the time of acveptance by Baring's client. warranty by project specWicaticña. All warranty 7, Please provide serial numbers with Invoice for all electrical equipment.or whenever appHaabie. 8. Please acknowledge receipt of this Purchase order within 7 days. 9. Partial shipments not allowed without prior authorization. 10. Send recommended spare parts Ilst for _ year (s) of epem§on. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 " BARING INDUSTRES PURCHASE ORDER PROVISIONS Page 3 of 2 t Tenns end acceptance:This orderbecornesa contract(1) when signedacknowledgementis receivedby the Buyer.Or (2) when shipfnenteccordingto scheduleof ell or any portionof the goodscovered by this order shall be Inade, or (3) when written spprovalis givenSeller by Buyerof the priceend delivery :;chedüisof the goodsas stated by Severif Sellete vnitten scknowledgmentof this order contelnseithen (s)a differenttype itent or (b) no pdceor no deliveryschedulefor theliem or Hemsfo which Buyer'sspprovalepplies.Exceptas providedin the precedingsentence,it is a conditbn herein stated,and any alterationin this purchaseorder, shall haveno forcecr effect. and that the Seller by suchacknowledgrnenttherebyagrees Nat any such provisionsthereincr any su eltera6onsin he order shall not constituteany partof thiscontractof thepurchaseand sale.This contracIcontainsthe entireagreementof 10partles, and faRureof either party to enforceendof Its rightshereundershall not constitutea waiverof Suchlights or of any other rightshereunder. 2. Deliveryis fkne of essence: Buyers scheduresare baseduponthe agreementthatthe Qoodswill bedeliveredto Buyer by the datesspecifiedon the face of the purchaseorder,Time is rnereforeof the essence andif goods are not deliveredwithin thetime specifiedhereon, Buyarmay re]ectsuch goodsand cance)order.The acceptanceof later or 6efectivedelivedes shall not be deemeda wolver by Buyerof Its right to cancel thle order,or waive any of Buyers rights,or to refuse to accept furtherdeliveries. . . 3.Packing: rech packageshall be nurnberedand labeledwith Buyers order number,stock number,contents,endweight, shallcontainan itenitzed packingqTipand sheUbe propedy prepaidfor shipinent so es to securelowesttranW.5 endinsurancerates andto rnestcarriefs tâq.itect,5rdsunlessotherwisespecifled.Packingslips must be IncludedIn sil shipmentsand last copy must state*0rder Cornpleted" 4. Invoices: invoices meat be renderedin duplicatenotlater than the day folkyningthe shipment Attachb1Ifof lading or expressreceiptfo each involos. d. Deliveifes Deliveriesmust be madepursuantto Buyers directions,notto indMdualsor departments. 6. ExtreCharges: No eddit1onÒchargesof any kind,includingchargesfor boxhg, packing,breaking,freight express,carlage, or otherextrasv.€! M-d unless specificallyegreedto in writing in edvance by Buyer. 7. Payment: Itis Understood1hatthe cash dismM~W will date fromBuyers receiptof $ellets invoice.C.O.D. shipmentswill not be eccepted.Draftswillnot be honored. 6. QuanUtles:The specific quantity orderedmustbe deliveredin fill andnot be changedwithoutBuyer'sconsentInwriting. Any suthorizedquantity is subjectto our rejectionandretum et Seller'sexpense. 9. Pace: Prices recorded In this order are not subjectto increase,IIpdce is not statedin thisorder,Itis agreedthat the goodsshall be billed at the priceInst quoted,or bliled at the -- preveningmarket price, whicheveris lower.This ordermust not be lilled at a higherpdoe thenthe last quotedor chargedwithout Buyer'sspecificauthorization. 10. Supp!emetery Mf~menam Any special Instructions,specifications,drawings,notes, Irtstrucks, engineeringnotices,or technicaldate referredto In thla Purchaseorder shall be deemedto be incorporatedherein by referenceas if fully set forth.In case of any discrepandesor quesGons,trie Seller shallrefer to Badngfor decisionor!=±: or for interpretation. 11. Texes: Exceptas may be otherwiseprovidedin We Pushese Order,the conIrectprice includesell spplicablefederal,statee*ndlocal foxes In effecton the-dateof this Purchase Order, if spplicable lo Buyer. 12.TechrdcatExpertise: Seler shell provide, at no edditionaicost, technkel edviseeyellableto Seller,as reasonablyrequestedby buyer. 13. Fabricationand Matedai Ced..m: UnlessotherwiseauthodzedIn writing by Buyer, Selfershall not makecomrnitrnentsfor materletsnor fabdcaleIn edvanceof IIrne necessary to permit shipmenton delivery dates, 14.Work at site' Whenthis ordertncludesInstallation,or work et site- 0 All work, whetheron or off site, shall be dinein sidet accordancewnh union regulatbns,when appilcable. b} The propertype of labor shall be employedto theend that there shall be no strikes,stoppages.or slowdowns. o) certircates of Insuranoesausfactoryto Baringmustbe furnishedbeforework may be startedc d) You shall comply with off requirementerelatingtojob procedures,formaliUes,payroll,etc. FundeleItsmay beobleined at thejob. e) You sesumefull liability for all taxes, includingbut not limitedto sales,use, property,socialsecurity,unemployment,disability income,v‡Mwrg, elo. now or hereInafter imposed by federet,state or municipalgovemments,orany subdMsionthereof. 15. indemnificationby Seller: The Seller vdil Indemnify,save harmless,anddefendthe Buyerfromall liabilityfor toss.demage.or lrduryto personor propertyin any manrtererisingout of or incident to the performanceof the contractandthe goods.sold anddeliveredunder the termsóf thiscontract. 16. InspectionendAcceptance: All goodsshall be receivedsubjectto Buyete rightof inspec(lonandrejection.Defectivegoodsor goodsnot in accordancewith Buyer'sspecificaEons will be held for Sellers instructionat Sellets dsk and if Seller sodirects. will be relumedat Seller'sexpense.ifInspection discbsea thatpartof the goods receivedara not in accordance with Buyers specifications, Buyershall have the right10cancel ony unshippedpordonof the onSer.Paymentfor goodson this order priorto Inspectionshall not constlMe ecceptance thereof and ISWlthoutprejudiceto eny andAll claims that Buyer may have againstseller, 17. Warranty Specifications: Seller expresslywartantsthat alf the materialsend articlesoWered by this crderor otherdescripÓonor em ^ famished by buyerwig be in exact accordancewith such order, desodptionor specificeSonend freefromdefects In inatedaland/orworkmanship,end merchantable.Such warranty shall survivedelvery, and shall notbe deemedwolved either by reasonof Buyers acceptanceof sold matedalsor ediclesor by paymentfor them.Any desistionsfromthis orderor spectication (Umishedhereunder,or any other exceptionsor alteratbne mustbe eppW M writing by Buyers PurchasingDeperiment,This warrantyshell be In addldento any other warrantyof Seller. 18.Patents:Seller warrante the materialpurchasedhereunderdoesnot infringe any letter patentgrantedby the UnitedSistes and covenantsend agrees to waive hermlessand pro'ect Buyer,its successors,assigns, customersend usersfrom Infrkgementsclaims. 19.Applicable Laws: SeHerrepresentsthat the merchandleecovered by % orderwas not manufacturedand Is not being soki or phoedin violationof any federal, stateor tocollaw 20. Fair i..aborStandards Act' Selleragrees that goodsanippedlo Buyertraderthisorder wiftbe producedin compliancewith the FòirLeborStandardsAct 21. Errors: Stenographicaland clericalerrors aresubjectto correction. 22,Assignment Tifrs contract may not be easignedby Se18er withoutBuyer'swrittenconsent, 23. laterpretationof Contract• Thiscontact shall be construedaccottling to the lawsof the Sate of Ffodda. 24. Goveming Law This documentshall constitutean agreementmadein the Stateof Roride, Dade County,andshaltbe govemedby the laws of the State of Floride,end any suit or sollon brought to enforce this agreementshallbobroughtin Dede County,Florida. 25. Attorney's Fees: If Buyer has to employ an attomeyor bring otheracion to enforcethis agreement,the Seller shall pay sit of Buyers attomers feesand court cost plus latere4L 7. The provisionsof the EqualOpportunity Clausespuragantis Section202of ExecutiveOrder11246,as emended;41 CFRSecUon60-1AO:and for workerswithdisablllties es set SecacW2'" A are hereinincorporated thIn 41 CFR Sections60-741,4 and 60-741,5eswea as tor specie1disabledveteransend veteransof the VietnamEra as set forthIn 41 CFR y reference. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 . ;. BARING INDUSTRIES 3249 S.W. 42 ST. * Fr. LAUDERDALE,FLORIDA33312 U.SA PURCHASE ORDER PHONE (954) 327-6700 * PAX(954) 327-6793 . 4 7/292013 61500-CW FieB NIOWfi@WAB The pmhne o ded PmlectmW 121177 mustappearon al correspondence, inyakes, packages& shippingpapers. . DAY & NITE NYY STEAK . 10 CHARLBS STREET 7 WEST 51st STREET NEW HYDB PARK, NY 11040 NEW YORK, NY 10020 PHONE: 516.378.1176 FAX: 516.378.1735 .. .¬.------ ------ ---m-mwar,wwwm-mem NA NA NET 30 WILL ADVISB Provide all of the necessa y labor, tools and materials to install aH of the refrigeration systems by RDT per drawing, and Beer System by . Perfection. Includes achurdGñ©stion system for dry aging walk-in and remote e±±Mag units on outdoor roof. I sm"ador to include: • Receive, uncrate set and secure in place and make ready for final cüu-dsa refrigeration systems as detailed in the written specifications. Include refrigemtion piping, refdgerâüt, hanger systems, insulation, valves, etc. for a complete operstag system. Unless otherwise stated in specifications, building penetrations will be supplied by the General Ce±ector. of Sealing penetrations with approved sealant is part of this work. • Provide tools necessary for=!±;; and hoisting that are required for project. e Included in the cost are all travel and living expenses. • One year service on systems. • All work to be performed in accordance with plans and specifications or as agreed upon in writing. * • The project is to be staffed accordkgly to meet the needs of the project schedule. Work to be pcrfora-ed hours set by the during General Contractor. • Attend all supcdstcñdent meetings on site during installation duration; coopciate/work with other trades. . • Prior to beginning work, submit Iabor rates for all levels of trade to Baring Edssets for approval. Approved labor rates will be applied to extra work authorized by Baring industries. • Provide written daily work reports to Baring and General Contractor. • Check in equipment item by item when it arrives at the jobsite and provide with written annumentation of items received noting any damage. • Protect all equipment from incidental damage that could occur through the normal course of the pmject by covering with a protective covering (cardboard, Masonite, eto.) surfaces prone to damage. • Coordinate work with other trades on site, permitting these trades to perform their requimd tasks as the equipment is bemg installed. Note work deficiencies of other trades. • Unless prohibited by trade jurisdiction, complete all mechanical, electrical and pkmbing field splices as einip::d is saacrchicd. .• Remove trash to on-site, General Contractor designated location. • Supply measurements for and install Baring supplied trim for pr.=m as required for the project. • Perfomi workrequired to satisfy punch list items. • No extra work will be undertaken or paid for without prior acknowledgcrûcat and written change püichase order issued by Bering Indmfrie If work is to be performed on a time and materials basis, labor will be paid in accordance with agreed to rates and a maximum of 15% combined oved1ead and profit mark-up will be allowed on mater½igniprzrd provided. Installer may be required to provide invoices for materials to support claims. • When overtime is squested and approved by written purchase order from Baring Industries, only the premium of the actual wage and associated burden (taxes, insurances, otc.) will be paid. Baring may request certified payroll records be provided to support overtime payment requests. • Subcontractor (histaller} agrees to provide Baring, upon request, with cridcacc neefactory to Baring showing paymerit of 2 monies owed has been made to sub-suke±ectors, material suppliers, cquipscat suppliers, lab , me ding payroll, FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 BARING INDUSTRIES s249 S.W.42 ST. * FT. LAUDERDALE,FloRIDA 38312 U.S.A. PURCHASE ORDER . PHONE (9s4) s27-8700 • FAX (9s4) 327-6793 5 7/292013 61500-CW the PwchoseOrder& Projectoumber musteppearco a correspondence, invoices.packages& shippingpapers. DAY & NITE NYY STEAK 10 CHARLES STREET 7 WEST 51st STREET NEW HYDE PARK, NY 11040 NEW YORK, NY 10020 PHONE: 516.378.1 176 FAX: S16.378.1735 . NA NA NET 30 WILL ADVISB payroll taxes, health and welfare benefits, and other ~3nt utione which may be required by law, or any other payments owed by Subcontractor in connection with Baring projects in the event Subcontractor owes money, is past due on payments, or Baring reasonably believes Subcontractor owes money, is past due on payment: or will not satisfy debts owed in connection with Baring projects, Baring reserves the right to issue joint checks to Subcontractor and sub-subcontractors, material supplie=, equipmcat suppliers, labor unions, etc. or pay such entities directly on behalf of Subeentractor upon notice to Shenhe½r. • Meet all required insurance needs drug tests, etc. • At least one person from the installer's staff will be required to have completed a iniñimam of a 10-Hour OSHA Safety Course. • The installer a copy of their Safety Manual for review and spproval. will provide If there is no safety manual available, the installer will adopt the project Safety Manual issued for the project by the Owner or General Contractor. • When requested, to satisfy Owner or Cenheter provided ir,swâüce needs, or satisfy Baring [ndustries contract requitcments, installer will provide certified payroll for work performed, • When insurance is pavided by the Owner or General Centee½r, installer will comply with all requirements of Owner's or Contractor's insurance program. • All i-s1ëce and a signed acknowledgement certificates copy of this purchase order must be forwarded to Baring prior to Baring making any paymcata for work covered by this purchase order. Insurance scqdæ3 will be in accordance with the requircracats of Baring's cHent. If no insurance requirements are atated by Baring's client, insurance will be required in accordance with the attached. • An original Release of Lien will be required before final payment is released. • At its sole discretion Baring may, at any time, tc=!natc Installer for cause or convenience upon giving of written notice to Installer. In no event shall Installer be entitled to consequential damage or loss of profits for the work not yet perfonned. If terminated for ccävenicace, Installer shall be entitled to be paid all costs for work provided hereunder including ressorshle and necessary costs of termination. • Do not penetrate any waterproofing membrañc on floors, depressions, or any other place without prior approval by Ba ring Industries. Any penetrations must be made in approved method to prevent water leakage. Cost of work to be performed is as follows: Refrigeration systems $ 59,000.00 Install draft beer system . S 7,250.00 TOTAL: $ 66,250.00 NOTE: SEB PAGES 6 & 7 WHICH ARE PART OF THIS PURCHASE ORDER. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 BARING INDUSTRIES 3249 S.W.42 Sr. * Fr, 8.AU'"*^¾ti, FLORIDA33312 U.S.A. PURCHASE ORDER PHONE (954)327-670D * FAX (954)827-6793 6 7/9/2013 61500-CW The PachaseOrdera Projectnumber 121177 mustappearon all correspondence, invoices,packages& shippingpapers. DAY & NITE 10 CHARLES STREET NÝY STEAK NEW HYDE PARK, NY 11040 7 WEST 51st STREET PHONB: 516.378.1176 NEW YORK, NY 10020 FAX: 516.378.1735 NA NA NET 30 ILL ADVISE Wif P'T458iMrSW418ME6FIsilliREgWARTâiRilifAFMEikTMRRWAlir@IOEig I, Contractor must furnish Baring a Certificate of Insurance covering liability (Bodily Injury and Property Damage) for a minimum of $500,000.00 per occurrence. Workman's Compensation, Automobile Liability (Bodily Injury and Property Damage), Bmployers Liability and Contingst Public Liability for all sublet work. Baring must be an additional named insured and should be so named as a certificate holder. There must be a 30 day cancellation notice provision. Wheñêver Contractor subcontracts out any or all ofhis work, the foregoing will apply to the contract, If the Contractor fails to procure or maintain the required insurance coverage, Baring shall have theright to procure and maintain same for and in the name of the Contractor, and the Contractor shall pay the cost upon demand or Baring shall have the right to deduct said cost from any monies due thereofimmediately and shall fumish all information to make effect.ive and maintain such insurance Contractor, accessary coverage. II, The CONTRACTOR hereby agrees to indemnify and hold BARING harmless and hereby agrees to assume the entire responsibility and liability for any and all damage or injury of any kind or nature whatever death . to person, whether an employee of the (including resulting therefrom) any CONTRACTOR or otherwise, and to all property, caused by, resulting from, arising out of or occuning in connection with the perfonnance of the services provided by CONTRACTOR hereunder; and if any such claims for damage or death are made or asserted against injury (including resulting thereunder) · the CONTRACTOR agrees to and hold harmless BARING, its officers, agents, BARING, indemnify servants and/or employees from or against any and all such claims and liability, resulting therefiom, but not limited to all liability, damage or injury, including legal fees and including loss, costs, expemes, disbursements incurred its officers, agents, servants and/or employees, as a result,.directly by BARING, or of the CONTRACTOR'S and CONTRACTOR does hereby agree on behalf of indirectly action5; its officers, servants and/or to defend action, at law or equity which BARING, agents, employees, any be brought against its officers, agents, servâñts, or employees upon or by reason of such may BARINO, claims upon demand BARING and agrees to pay on behalf of BARING, its officers, agents, servants by and employees, MARIA DANIN FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 340 RECEIVED NYSCEF: 07/19/2019 BARING {NDUSTRIES 3249 S.W,42 Sr. • FT. L iiOEG.DALE,FLOR(DA33312 U.S.A. PORCHASE ORDER PHONE (954) 327-S700* FAX (954] 327-6793 7 7/9/2013 61500-CW W#d15deiEiffiW BERiMeleBBiRlilB The PurchaseOrder& Projectnumber 121177 mustappearori e11correspondence, bivoices packsges& shippingpapets. DAY & NITB 10 CHARLES STREET NYY STEAK NEW HYDE PARK, NY 11040 7 WEST 5 ist STREET PHONE: 516,378,1176 NEW YORK, NY 10020 FAX: 516.378.1735 4A NA NET 30 UILL ADVISE freWEEN#5MWBelf:MeWinmWKWh4FWitRif493MWRWS upon demand the amomt of any legal fees and costs sustained, including the amount of any judgement which be entered against its agents, servants and/or employees in any such may BARING, officers, action. In the event of such liability, damage and/or injury arise or are claims, losses, cost, expenses, served or threatened against BARING, its officers, agents, servants and/or employees, BARING made, shall have the right to withhold from payments due or to become due the CONTRACTOR, an any amount sufficient in its judgement to protect and indcmaify said Parties against such claims, losses, exp6ñses, liability, damage or injury, including legal fees and.disbursements. be on this purchase order without a revised purchase order No deviations or additions will allowed including such change of work being issued by Baring, Please the attached Aclmowledgement and return together with the Insurance Certificate, to Baring sign Industries, Inc., Attn: Joyce Mayer. attached payment requisition form has to be submitted whencvor requesting payment. The CHRIS WOLSKB at 973-794-6491 for inctanarian time frame. Please call ACCEPTED BY: Name: Date: O MARIA DANIN