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HomeMy WebLinkAboutFerrara Fire Apparatus Contract s - A - „ „„.”.„ .4 P FE RA FIRE APPARAiUS, I Leading The Way! 5 i APPARATUS CONTRACT 4 y AGREEMENT Made this o day of Sept, 2012 between FERRARA FIRE APPARATUS INC. (Hereafter known as "FFA ") and City of Jeffersonville, Indiana (Hereafter known as "BUYER ") in accordance with the conditions written below and the specification; and addendum(s) attached, which are made part of this Contract. This agreement does no become binding until it is agreed to and accepted in writing and is properly signed by al officer of FFA. TERMS OF PAYMENT The Buyer agrees to purchase Two (2) Ferrara Fire Apparatus MV] i as per the enclosed specifications for the total sum of Eight Hundred Forty Eight Thousanc One Hundred and Six Dollars - -- 00/100 ($848,106.00), excluding any taxes, to be paid in full UPON DELIVERY AND ACCEPTANCE OF THE APPARATUS. The vehicle shall not 131 released to the BUYER until payment is made. If the selling price is subject to any taxes, till taxes added will be that which are prevailing at the time of delivery. Payment shall be made directly to FERRARA FIRE APPARATUS, INC. Payment shall bi made in United States Currency. No checks or any other form of payment shall be made t( any sales representatives, dealer, agents, etc. IF THESE PAYMENT TERMS ARE NOT STRICTLY ADHERED TO, FERRARA FIR] APPARATUS, INC. SHALL ASSESS A DAILY INTEREST CHARGE BASED ON AN ANNUAL PERCENTAGE RATE OF 18% ON THE UNPAID BALANCE. IF MORE THAN ONE VEHICL] IS COVERED BY THIS CONTRACT AND THE VEHICLES ARE SHIPPED ON DIFFERENT DATES, THE TERMS STATED ABOVE SHALL APPLY TO EACH VEHICLE. DELIVERY Delivery shall be F.O.B Holden, La within 210 to 240 calendar days. FFA sha] not be held liable for damages for failure to make deliveries as a result of fire, flood, riots strikes, chassis shortages, or delays caused by its suppliers, any act of God or any oche circumstances beyond FFA's control. INSPECTION- The BUYER shall inspect the apparatus immediately upon delivery and shall giv written notice of any defects with Ten (10) days. The vehicle(s) shall be deemed accepted if th BUYER fails to give such notice. The BUYER expressly waives any rights the BUYER may have t revoke acceptance after the Ten (10) day period. WARRANTY- Each vehicle manufactured by FFA shall be warranted according to the provision contained in the FFA Warranty Certificate enclosed with the bid proposal package. ASSIGNMENT- The rights and obligations of the BUYER under this Agreement shall not be assigne or transferred without the prior written consent of FFA. • AMENDMENT (S) - No modifications alterations, tons, addltlons, deletions, or any other changes in the terms hereof shall be binding on either party unless produced in wrttin and r the BUYER duly authorized officer of FFA and a representative of g p operly executed by ; . NOTICES - All notices under this Agreement must be certified mail, return receipt requested. GOVERNING LAW This Agreement shall be constructed and interpreted be governed by the laws of the state m which the manufacturer is domici d and its performance shal COOPERATIVE PURCHASING AGREEMENT - City of efferso agrees to allow other Fire Departments, Fire Protection Districts, nville and Ferrara Fire Apparatus Town, Township or County within 175 miles radius to "Piggyback" ire Protection Territories, City, term not to exceed twelve -(12) months. The terms and conditions a ions to be agreed purchase from this t htract for a contractor and the public agency, at time of award. agreed upon, by the AGREED this o G I a . f Sept. 2012 BUYER: (Authorized Sig l ature for Buyer )(Title) NAME, ADDRESS, & PHONE NUMBER OF FIRE DEPARTMENT: Ogc, or./ y��� E F c '/7/J0 /a - - effies NAME AND PHONE NU BER 0,V PERSON DISBURSING FU _ NDS. CA A 6, < • 2 ' D 'L - � ?_ � ! . .•2 • SIGNED: 5 tm .7f';acII Mid America Fire & Safety, LL (Authorized Dealer) y ' C BY Tim Krack (Print) TITLE: Fire Apparatus Sales Manager FERRARA FIRE APPARATUS, INC. ACCEPTED this day of 20 . SIGNED: SEAL: BY: CHRIS FERRARA TITLE: PRESIDENT/ CEO