PURCHASE ORDER ON FIRE ENGINE WITH AERIAL LADDER
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CITY OF CLEARWATER
PURCHASING DIVISION
P.O. BOX 4748 PHONE (813) 462-6860
CLEARWATER, FLORIDA 34618-4748
FLORIDA SALES TAX EXEMPTION CERT. NO: 62-02-134859-54C
FEDERAL EXCISE TAX EXEMPTION NO. 59-7~'9;l~K
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!. ~ J9.92
P.O. DATE
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",2 8 ~92
9/10/92
MM/DD/YY
IF.E. I.D. NO:
I VENDOR NAME
Saw.sbury Fire Equipment CariJ.
Route 281
Preble, NY 13141
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[SHIP TO:
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Cle2L1vat.:el' Fire DeVC11:cc:2iil:
610 Fran.klin SU-eel:.
Clearwater, Vi 34616
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MAIL TWO COPIES OF INVOICE TO:
CITY OF CLEARWATER
FINANCE DEPARTMENT
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
ATTENTION: 24 HOUR ADVANCE NOTIFICATION REQUIRE
ON .ALL SHIPMENTS TO CITY OF CLEARWATE!'\ LOCAT!Oi'J
DIRECT ALL COMMUNICATIONS ON THIS ORDER TO
1 t. Worsham
(813) 462- 63L:'::
315~1-1218-640/522 FIRE
DATE REQUIRED F.O.B.
9 '30/92 Q CLEARWATER 0 OTHER
PAYMENT TERMS DISCOUNTS, On any discount, time will be computed
from date ot satisfactory delivery of all items or from
Net date correct Invoice is received. whichever Is the later date.
!Xi SHIPPING AND HANDLING CHARGE
INCLUDED IN PURCHASE PRICE.
D SHIPPING AND HANDLING CHARGES NO
INCLUDED IN PURCHASE PRICE. VENDO
SHALL PRE,PAY AND INVOICE SEP
RATEL Y. NO COD SHIPMENTS ACCEPTED.
EXPENSE CODE
DEPARTMENT
ORD.
UNIT
DESC R I PTI ON
UNIT PRICE TOTAL PRICE
ITEM
1.
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FiLe Enginei-lii:h aerial lacider per specifications,
drawings, and photographs of ':::;ity of Clearwater
Bid 113-92 (as modified in Saulsbury Fire Equipment.: C Tp.
letter dated JLily 27, 1992 - Copy Elt.:tached)
$4L:.J959.0
2.
1
}lii.
Finance Cilal'(::;e (II Applicable)
Tnis item filay be deleted peEuing :':J_ii2.L financial
agreements.
l06~.~. 0
TOTAl
l1.pprOVeo. by City Commission 9/17/92
o CONFIRMING ORDER WITH
ON . DO NOT DUPLICATE.
THE CITY OF CLEARWATER MAY CANCEL THIS ORDER, EITHER ORALLY
OR IN WRITING, AT NO COST TO THE CITY, IF ANY ITEMS DO NOT ARRIVE
BY THE DATE REQUIRED ANDIOR IF ANY DO NOT CONFORM TO SPECIFI-
CATIONS. NON-CONFORMING ITEMS WILL BE HELD FOR THIRTY (30) DAYS,
PENDING RECEIPT OF DISPOSITION INSTRUCTIONS FROM VENDOR, AFTER
WHICH TIME THEY WILL BE DISPOSEQ OF AS SURPLUS CITY-OWNED PROPERTY.
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TITLE
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CITY OF CI,.EARW A TER
CONDITIONS OF ACCEPTANCE
PURCHASE ORDER #05328-92
I. DELIVERY
The said fire apparatus and chassis shall be delivered at Fire Headauarters. Clearwater.
Florida within about 360-365 calendar davs after the receipt and acceptance of this
contract and chassis at the Company's office at Preble, New York unless prevented
by delays due to strikes, inability to obtain materials or equipment, production or
manufacturing problems or other causes beyond the Company's control. The
Company shall not be liable for any incidental damages caused by delays in delivery.
II. PAYMENT
A. The Buyer agrees to pay for the chassis, delivered in the manner as set forth
above, the sum of One Hundred Twentv Nine Thousand Dollars ($129,000.00),
plus any applicable Federal exercise and local sales and use tax if any, to be
paid to the Company at the time of receipt of the chassis by the Company at
the aerial manufacturing plant. Company will act as agent for Buyer in
purchasing said chassis and will forward title to Buyer after payment of invoice
for same.
B. The Buyer agrees to pay for the aerial device, delivered in the manner as set
forth above, the sum of One Hundred Twentv Nine Thousand Dollars
($129,000.00), plus any applicable Federal exercise and local sales and use tax
if any, to be paid to the Company at the time of comoletion of the aerial device
at the aerial manufacturing plant. Company will act as agent for Buyer in
purchasing said aerial device and will forward title to Buyer after payment of
invoice for same.
C. The Buyer agrees to pay for the fire aooaratus bodv delivered in the manner set
forth above, the sum of One Hundred Ninetv Thousand Dollars ($190.000.00).
plus any applicable Federal exercise and local sales and use tax, if any, to be
paid to the Company on delivery of the chassis and the fire apparatus. The
unit, without exception, cannot be placed "in fire service" prior to full payment
for apparatus. Delivery shall be defined at the point in time when the Buyer
assumes physical possession of the apparatus.
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II. PAYMENT (Con't)
D. Miscellaneous Payment Provisions: If minor shortages are found on the
delivery, an amount equal to the value of the shortages may be withheld until
receipt of these items, and in no case can this amount exceed 5 % of the
contract.
If payment is not made for (A) cab and chassis and/or (B) aerial device, or (C)
complete apparatus when due, interest at a rate of two percent (2 %) per month
will be charged from said date, billed in addition to contract amount.
No payments are to be made to agents. All payments shall be made directly
to the Company at the Company offices in Preble, New York.
III. CHASSIS TITLE
The chassis will become the property of the Buyer at the time it is delivered to the
Company and the Company will have the title issued in the name of the Buyer.
However, in the event the Buyer has elected the option of paying for the chassis at
the time the completed unit is delivered to the Buyer, the title will remain with
Company, as agent for Buyer, until full payment is received.
IV. TITLE AND DEFAULT
It is agreed that the fire apparatus covered by this contract shall remain the property
of the company until the entire contract mice has been oaid, and any obligation or
obligations, security or securities given thereunder are actually paid. In case of any
default in payment, the Company may, at its option, take full possession of the
Buyer's chassis, aerial device and fire apparatus sold by the Company to the Buyer
and payments that have been made may, at the option of the Company, be applied
as rent in full for use of the fire apparatus up to the date of taking possession. The
Company may elect not to take possession and pursue any remedies, cause or causes
of action it may have against the Buyer. In the event the Company elects to take
possession of the chassis and fire apparatus, the Buyer must convey title to the
chassis back to the Company.
Buyer shall be responsible for reasonable attorney fees by the Company to enforce
any of the terms or provisions of this contract.
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V. INSPECTIONS AND CORRECTIONS
The Buyer shall have the right to make inspections as outlined below:
1. Custom Chassis Insoection: Upon notification by the Seller that the chassis is
ready for formal inspection, a representative of the Buyer, shall be instructed
to go to the chassis manufacturer's location to inspect the chassis. The Buyer
will than have the options as outlined in Paragraph V, Section A and B below
to make payment under Article II.
2. Aerial Device Inspection: Upon notification by the Seller that the aerial device
is ready for formal inspection, a representative of the Buyer, shall be instructed
to go to the aerial manufacturer's location to inspect the aerial device. The
Buyer will than have the options as outlined in Paragraph V, Section A and B
below to make payment under Article II.
3. Production Release Review: Upon notification from the Seller that final
production drawings and specifications are completed, but prior to the actual
manufacturing, the Buyer may review and approve the drawings and
specifications and return same to factory "approved" or if "unapproved" note
items where changes must be made to meet bid specifications. This must be
completed within fourteen (14) days of receipt from Seller.
4. Manufacturing Insoection: During the manufacturing phase of the body, and
when the basic rough major components and systems have been installed, an
inspection(s) may be completed to review the body, and installations of
equipment and systems for specifications compliance.
5. Pre-Delivery Release/Acceptance Insoection: Within ten (10) days of
anticipated delivery the Seller will notify the Buyer, the apparatus is ready for
factory final pre-delivery inspection. The apparatus will be examined for
compliance with the specifications and all documentation will be reviewed for
accuracy and completeness. At the conclusion of the inspection, Buyer has the
following options:
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V. INSPECTIONS AND CORRECTIONS (Con't)
5. Pre-Deliverv Release/Acceotance lnsoection (Con't)
A. The apparatus materially meets the specifications, and except for the
noted minor discrepancies or shortages and pending correction of the
minor discrepancies or shortages, authorizes delivery of the apparatus as
agreed upon delivery dare, and agrees to make payment under Article II.
or
B. The apparatus has major discrepancies and/or shortages that renders the
vehicle unacceptable for delivery or acceptance and non-conforming to
contract specification. The Buyer will give written notice within ten (10)
days of the specific defects, shortages, and discrepancies and allow the
Seller a cure period acceptable to both parties, to correct the noted
discrepancies. Upon notification by the Seller the vehicle is ready for
another pre-delivery inspection, the Buyer will again inspect the vehicle
at the factory.
The Buyer would again have the options to either: 1. authorize delivery
and payment under Article II; or 2. reject the apparatus and have a
second cure period. If at the end of the second cure period the vehicle
is still unacceptable, and the basis of rejection is within the intent of the
specifications and the Company is not prevented from fulfilling the intent
and parameter of the contract due to strikes, inability to obtain materials
or equipment, production or manufacturing problems or other causes
beyond the Company's control, the Buyer has the option to cancel the
contract and exercise the performance bond.
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V. INSPECTIONS AND CORRECTIONS (Con't)
6. Insoection at Delivery: At the point of delivery, the Buyer will have an
adequate time, as defined in bid documents, to inspect the apparatus for
specification compliance. As the result of the inspection, the buyer will:
A. Accept the apparatus subject to the inspection report and make payment
as outlined under Article II. Within ten (10) days after such inspection
and/or delivery, the Buyer must give notice to the Company of any
claimed defects or deviations from specifications, and must specify in
detail the basis of the claim. Buyer's failure to comply with the terms of
this paragraph shall constitute irrevocable acceptance of the goods. In
the event of any claimed defects in the apparatus or deviations from
specifications, the Company shall have reasonable time to inspect the
fire apparatus and make any necessary changes or corrections. In the
event of any defect in the chassis, the Company, as agent for the Buyer,
shall contact the manufacturer of the chassis and advise them of the
necessary changes or corrections needed. Buyer may elect to contact
the chassis manufacturer directly with regard to defects or deviations
from specifications.
or
B. Reject the apparatus, the vehicle will be returned to the factory by the
delivery engineer and the Buyer will have the options as provided by
Article V/5 (B).
Refinements and improvements may be incorporated in the apparatus quoted
above at any time or times prior to delivery whenever proven advantageous by
sound engineering development and thorough testing; however, said
refinements and improvements will have no material adverse affect on
performance and durability, nor result in an increase in price.
However, the Company shall not be under any obligation to incorporate any
refinements and/or improvements and this sections shall not in any way alter
the obligation or responsibility of the parties as set forth in SPECIFICATIONS -
RESPONSIBILITIES OF THE BUYER.
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VI. WARRANTY
The warranties that are attached are the only warranties given under this contract and
the Company disclaims all other warranties, both express and implied, including any
implied warranty of merchantability or fitness for a particular purpose, including
equipment provided by other suppliers, which may be installed upon, or delivered with
the completed apparatus. Such warranties must be obtained from the corresponding
supplier. The Buyer's remedies for breach of warranty are limited to those set forth
in the attached warranties. The Company shall not be liable for incidental or
consequential damages resulting from a breach of any warranty.
The Company odes not warrant the chassis and the Buyer must look to the chassis
manufacturer for any warranties with regard thereto.
VII. ACCEPTANCE
This motion of acceptance must be dated and the official title of each signatory
designated when acting for a municipality or corporation and corporate seal attached
thereto.
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BY:
BY:
TITLE:
WITNESS our hand and of!,icial seal
this ~ day of I\~, 19~
The within motion is hereby accepted
and approved.
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TITLE: ';'/~~.\.I-.,~'-i_~'r-\~-:-~::__
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WITNESS ourhai1(t, -and !"ffieial seal
this~dayof lli.~'-, 199L.
The within motion is hereby accepted
and approved.
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i 1/ '7/11-
\SlJulsbURV
November 20, 1992
QUALITY
PEOPLE
MAKE
QUALITY
PRODUCTS
City of Clearwater
Purchasing Division
Attn: Mr. George Mcf(ibben
P.O. Box 4748
Clearwater, FL 3461 8-4748
RE: Purchase Order #05328-92
Dear Mr. McKibben:
Enclosed please find our confirmation of the above purchase order and the
required performance bond.
I have taken the liberty to attach to the purchase order our "conditions of
acceptance" that merely clarifies the specifics of our agreement and modified the
purchase order to address the specific progress payments.
Please review these conditions and if you have any questions, please feel free
to call me. If acceptable, please execute one copy of the conditions and return it to
my attention for our file.
Thank you for this valued order. I am looking forward to working with you to
provide an apparatus that we both can be duly proud of.
Best regards,
SAULSBURY FIRE EQUIPMENT CORP.
~M~lLV,
Richard C. Saulsbury
RCS/ags
Secretary /Treasurer
cc: Bob Milnes
File
FIRE APPARATUS DIVISION
Saulsbury Fire Equipment Corporation
P.O. Box 690, Tully, New York 13159
Telephone 315-696-8909
Fax 315-696-6140