HomeMy WebLinkAboutEquipment Contract Agreement with Pierce Manufacturing for Fire TruckCONTRACT
THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI, first party, and
The Meridian Fire Department by its authorized representative, second party
WITNESSETH:
First. The said first party hereby agrees to fixrnish the apparatus and equipment according to the specifications
hereto attached and made a part of this contract, and to delivery the same as hereinafter provided. * *
Second. The first party agrees that all material and worlm~anslxip in and about said apparatus and equipment shall
comply with said specifications. In the event there is any conflict between Gtistomer Specifications and the Pierce Proposal,
the Pierce Proposal will prevail. The standard Pierce Warranty will apply.
Thlyd. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and
regulations in effect at the time of contract signing, and with all National Fire Protection Association (NFPA) Guidelines for
Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any
increased costs incurred by first party because of fixture changes in or additions to said DOT or NFPA standards will be
passed along to the customer as an addition to the price set forth below.
Fourth. The said apparatus and equipment shall be ready for delivery from Appleton,
of
Wisconsin, within about two hundred and forty (240) calendar days after the receipt and acceptance of this contract at
the first party's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials, or other causes
beyond its control not preventing, and shall be delivered to said party of
the second part at
Meridian Fire Department located at 540 East Franklin, Meridian, Idaho
Fifth. Acompetent-serviceman shall upon request, be fiunished by first party to demonstrate said apparatus for
second party and to give its employees the necessary instructions in the operation and handling of said apparatus.
Sizth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum
***** Two Hundred Ninety Nine Thousand, Three Hundred Ninety Three and 00/100 *****
One (1) Pierce Enforcer Pumper
Dollars ($ 299,393.00 ~
Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circumstances shall
payment be made to the dealer or any other party except Pierce Manufacturing Inc. Any representation that payment is
authorized to be made to another party is in violation of this agreement.
Net payment is due upon acceptance at Pierce Manufacturing Inc., Appleton, Wisconsin, unless otherwise specified
herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation
thereunder shall be evidenced by negotiable paper.
** FIRST continued Per bid Dated February 26, 2002
CONTRACT
A chassis payment, in the amount of $148,794.00, is due upon completion of that portion, approximately
three (3) months prior to delivery. ff this payment is not made at that time, $4,464.00 will be added to the final invoice.
If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each
piece, and an invoice coveting each piece shall be rendered in the proper amount.
Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after
arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton,
Wisconsin. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then
said apparatus and equipment shall be considered as fully complying with contract specifications.
Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first
part until the entire contract price has been paid, but if more than one pierce of apparatus is covered by this contract, then
each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in
case of any default in payment tbe first party may take full possession of the apparatus and equipment, or of the piece or
pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of
the apparatus and equipment up to date of taking possession.
Ninth. This contract to be binding must be signed and approved by an office of Pierce Manufacturing Inc., or
someone authorized by it to do so. This contract and specifications take precedence over all previous negotiations and no
representations are considered as entering into this contract except as are contained herein or in the specifications attached
hereto. This contract cannot be altered or modified except by mutual agreement signed by the parties.
IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second party has
caused its seal to be affixed, and attested by its authorized representatives on this
/ ~C
~ day of -~~is i ~ April ~ 2002
PIERCE MANUFA~
ay
Date of Acceptance