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Home My WebLink About111389 SUPER VACUUM MANUFACTURING CO - CONTRACT - PURCHASE ORDER - 9112663SVI TRUCKS SALES CONTRACT Date: April 19, 2011 AGREEMENT This agreement exists between Super Vacuum Manufacturing Co., Inc., hereafter known as (SVI) and -Poudre Fire Authority 102 Remington; _ Fort Collins, CO 730524 Hereafter knows as (BUYER) In accordance with the conditions contained below and specifications with addendum attached, which are made part of this contract dated April 19, 2011. This agreement will not be binding until It Is accepted In willing by SVI. TERMS OF PAYMENT BUYER agrees to purchase: QTY, MODEL PRICE EXTENSION ,1 2012 Freightliner M2 106 and transfer of body $106,022:00 $106.022.00 Price Is exclusive of taxes. If the selling price Is subject to any tax, the tax added would be that which is prevailing at the time of delivery, unless the proper tax exemption certificate has been duly signed by the proper authority. The BUYER agrees to pay SVI the extended price shown above for the completed unit. Delivery shall be defined as the point of time when the BUYER assumes physical possession of the apparatus. Under no circumstances will the vehicle(s) be placed Into service until the full payment has been received by SVI. No payments shall be made to any SVI Sales Representative except on presentation, In writing, of an express power of attorney, executed by an officer of SVI, authorizing payment to the Sales Representative on behalf of SVI. If the terns of payment have not been met, the vehicle must be fully Insured at the time of delivery and SVI may charge the BUYER the maximum legal Interest rate on the unpaid balance. SVI is hereby granted a purchase money security Interest In the vehicle and shalt retain all rights of an unpaid seller and a secured party under the Uniform Commercial Code until the contract price has been paid In full. If more that one vehicle Is covered by this contract and the vehicles are shipped at different dates, the above terns of payment shall apply to each vehicle as a total cost per unit. ACCEPTANCE SVI agrees to sell and the BUYER agrees to purchase the apparatus and equipment described in the Specifications dated April 19, 201land any attached addendum to these Specifications. In any Instance, where SVI's Specifications and the BUYER's Specifications are Incorporated and are In conflict, SVI's Specifications shell prevail. Delivery of the completed unit shall be F.O.B. from our factory In Loveland, CO within 120 Calendar Days after the order is accepted by SVI. SVI shall not be liable for damages arising from its failure to make or delay In making delivery because of fire, flood, strikes, rlot, chassis shortage, accidents, Acts of God, chassis or other supplier delays, or any circumstances or other causes beyond SVI's control. Sales Form #8008 INSPECTION BUYER shell Inspect the completed vehicle immediately upon delivery and shall, within thirty (30) days of delivery, give written notice to SVI of any defect The vehicle shall be deemed accepted If the BUYER falls to provide any such notice within the given time period. The BUYER expressly waives any rights the BUYER may have to revoke acceptance after such thirty (30) day period. WARRANTY SVI warrants each new vehicle, manufactured by SVI, against defects In materiel and workmanship to the original BUYER, all In accordance with SVI's pre-printed Statementof Warranty which Is eltherattached to the Agreement or has otherwise been delivered to the BUYER. The BUYER hereby acknowledges receipt of SVI's pre-printed Statement of Warranty. ASSIGNMENT The rights and obligations of the BUYER as outlined by this agreement shall not be assigned or transferred without the prior written consent of SVI. SVI may assign to any affiliate, It's parent company, or it's subsidiaries, any and all of it's rights and obligations as outlined by this agreement, but shall advise the BUYER, In writing, of any such transfer. This agreement shall be construed and Interpreted and the law of the State of Colorado shall govern Its performance. NO modification, alteration, addition, or change In the terms hereof shag be binding on either party, unless submitted In writing and executed by duly authorized representatives of SVI and the BUYER. DISCLAIMER OF CONSEQUENTIAL DAMAGES SVI expressly disclaims any liability forconsequentlal or incidental damages which may be sustained by the BUYER, including but not limited to those arising from the use, inability to use, maintenance or repair of the apparatus, whether under theories of breach of express or implied warranty, negligence, strict liability, or otherwise. CANCELLATION This contract Is subject to cancellation by the BUYER only upon payment to SVI of reasonable cancellation charges, which shall take Into account expenses already Incurred and commitments made by SVI and SVI's anticipated profit. All notices under this agreement shell cancel and supersede any and all prior agreements, understandings, arrangements, promises, representations, warranties, and/or and contract of any form or nature whatsoever, whether oral or In writing and whether express or implied, which may have been entered Into prior to the execution hereof between the parties, their officers, directors, or employees as to the subject matter hereof. Neither of the parties hereto has relied upon any oral representation given to It by any representative of the other party. This agreement represents a complete and exclusive statement of terms of the transactions between BUYER and SVI. Sales Form #8008 AUTHORIZATION The parties to this Agreement hereby designate; Mike Gress Phone: 9( 70 1 416-2861 Phone: as a representative for communications regarding this Agreement. AUTHORIZATION IN WITNESS WHEREOF, the Company and the BUYER have caused this agreement to be executed by their duly authorized representatives as of the date set forth by each. BUYER CO NY o dre Fire Authadtv fg. Co., Inc. - SVI Trucks a e o R bert Sorense Vie President PEA Board Chair Title May 4 , 2011 Aoril19 2011 Date Date Sales Form #8008 AIR 1 CAB/CHASSIS REMOUNT PROPOSAL Date: April 19, 2011 Buyer. Poudre Fire Authority, Fort Collins. Colorado New 2012 Freightliner M2 106 as per attached specification; Price: $76,868.00 Listed below are the required items needed to transfer the existing body for Air 1 to a new cab/chassis; 1. New PTO for 3000 series transmission and modify generator drive shafts. 2. New generator mounting bracket. 3. Transfer body and 40 Kw generator and electrical system to new cab/chassis. 4. Existing light bar, radio antenna, warning light switch panel, electronic siren control, and battery charger and shore power inlet to remain. 5. Transfer back-up camera to new cab/chassis. Price: $15,340.00 Listed below are the items to be done to the cab/chassis upon arrival; 1. Aluminum treadplate fuel tank and step covers. 2. New center console (12 VDC electrical system located here). 3. New siren 100 W. speaker mounted in driver side front bumper 4. Chassis air system inlet. 5. (2) Grover air horns, hood mounted with (2) foot switch controls. 6. New.Class 1 relay system for 12 VDC warning light control. 7. Add Whelan FN50VLED, 60" LED light bar with side alley lights, Kussmaul 1000 15 amp with Pump Plus and 15 amp Auto -Eject receptacle, Whelan 295SLSA1 electronic siren, pre -wire radio antenna base for FD supplied antenna, new warning light switch panel. Price: $13,814.00 Total Price: $106,022.00 �JJ'' R,,IRIDIUM,IflEALIYRE.CUE■CDM D■flAt, 11'i1.1:4, I!lk1lil WALK-IK■AIBILIBRT■BESCUUEPUMPER a BOATS IIIHt.Ii il�+d�l�� f IOVF�NO CdC'RAOO Terms: Cab chassis payment of $76,868.00 due 30 days prior to shipment to SVI, balance due upon delivery. The amount above in the proposal shall remain firm for a period of 30 days from the date of same. All state, federal and local taxes are not included above. Any applicable taxes are to be paid by Buyer upon registration and licensing of vehicles. Delivery to be made within 120 calendar days after receipt and approval of contract or purchase order, properly executed, and subject to all causes beyond our control. Date: April 18, 2011 PFA Board Chair Date: May 4, 2011