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CITY
<br /> AN-4% Sales Order CNW Project No.:44956
<br /> Sales Order No.:121796
<br /> `J- Cummins Inc Date:9/16/2016
<br /> 811 SW Grady Way,Renton, WA 98055.425-235-3400.800-274-0336•Fax:425-254-8964
<br /> 4711 N.Basin Ave.,Portland, OR 97217.503-289-0900.800-283-0336•Fax:503-286-5938
<br /> Sold To:City of Everett,Accounting Division Ship To:City of Everett 225 A ATS
<br /> David Mailloux Trevor Kyllingmark(Buyer)
<br /> PO Box 12130 3200 Cedar Street
<br /> Everett,WA 98206-2130 Util Warehouse Building 3
<br /> Everett,WA 98201
<br /> Customer Contact: Telephone: Fax: CNW Sales Rep.:
<br /> David Mailloux 425-257-8800 Dmailloux©everettwa.gov Dan Lanske
<br /> F.O.B.:
<br /> CNW Customer Acct.No.: Credit Approval No.: Ship Via: Est.Del.Date: F.O.B.Factory,freight
<br /> 301090 TBD Best Way 10/15/16 prepaid and allowed to first
<br /> destination
<br /> Qty. Description Price
<br /> 1 OTEC 225A,3 Pole,480V,NEMA 3R ATS.24VDC Control 3,200.00
<br /> 1 Delivery to Site(Offload by Others)
<br /> Tax at.092$294.40 for Actual Total of$3,494.40
<br /> Application/Use:Stationary Standby/Emergency Subtotal$ 3,200.00
<br /> Project Reference:City of Everett 225 A ATS Quotation No.: FreightlHandling$ 0.00
<br /> 3645000000147554
<br /> Less Trade-In/Core Allowance$ 0.00
<br /> Location of Equipment:Everett,WA
<br /> Payment Terms: Prepayment_ COD_ Net 30 O.A.C.X Other_ Net Purchase Price$ 3,200.00
<br /> Maintenance Agreement Included?:Yes_ No X Plus Applicable Sales Tax$ XXXXXXXXXX
<br /> Taxable? Yes X No_ Resale Certificate#:
<br /> Warranty Literature Delivered(Itemize):1 Yr Comp G009(ATS)
<br /> 1.Sale of Equipment;Agreement to Terms of this Sales Order.Cummins Inc hereby sells to the Customer,and Customer hereby purchases from Cummins Inc,
<br /> subject to the terms and provisions of this Sales Order(including the'Order Revision Fee;Cancellation Charges'provided under'Miscellaneous Provisions'),the
<br /> equipment or other personal or real property as described above,together with all accessories,replacement parts,repairs,attachments and additions
<br /> incorporated in or affixed to the property(the"Equipment").Customer acknowledges and agrees by accepting delivery of the Equipment and a copy of this
<br /> Sales Order that the Equipment purchased under this Sales Order is of the size,design,capacity and manufacture selected by the Customer,and that the
<br /> Customer has relied solely on its own judgement in selecting the Equipment.
<br /> 2.Terms of Payment.Unless the Customer has an approved open account with Cummins Inc,terms are prepayment(if the"Prepayment"box is checked
<br /> above)or C.O.D.(if the"C.O.D."box is checked above or if no box is checked).If the customer has an approved open account with Cummins Inc and the"Net
<br /> 30"box is checked above,the Customer shall make such payment within 30 days of the date of invoice;provided,however,that if this purchase would cause
<br /> the account balance to exceed the Customer's approved credit limit,the customer must prepay the excess or obtain"over credit limit"approval from the Credit
<br /> Department.Customer and Cummins Inc may agree to a retention amount,which amount shall be stated on the face of this sales order and shall not exceed
<br /> 5%of the total sales price listed on the face of this sales order.The Customer shall pay the retention amount in full within 30 days after the date of initial power
<br /> startup of Cummins Inc-provided equipment Special approved payment terms for this Sales Order,which supersede the foregoing if the"Other(see below)"box
<br /> is checked above: If the balance due is not paid according to these terms,Customer agrees to Pay Cummins Inc,without limitation,(a)as
<br /> liquidated damages for late payment,1-1/2%per month on all past due invoices,which amount is equal to 18%per annum,and(b)Cummins Inc's reasonable
<br /> collection costs,including but not limited to costs described below in paragraph 14(C).
<br /> 3.Additional Terms and Conditions.Customer acknowledges and agrees by signing this Sales Order,or by accepting delivery of the Equipment and a copy of
<br /> this Sales Order,that Customer has read all terms and conditions appearing on the face and reverse side of this form,and that Customer is bound by all such
<br /> terms and conditions,including but not limited to the EXCLUSIVE WARRANTY and LIMITATION OF LIABILITY provisions,all of which the Customer has read
<br /> and understands and agrees to.The terms and conditions on the front and reverse sides of this Sales Order,together with any agreements entered into
<br /> pursuant to paragraph 5,constitute the entire agreement of Cummins Inc and Customer with respect to the Equipment.The Customer acknowledges that all of
<br /> such terms and conditions,including but not limited to EXCLUSIVE WARRANTY and LIMITATION OF LIABILITY provisions were freely negotiated and
<br /> bargained for with Cummins Inc and that the Customer has agreed to purchase the Equipment subject to these terms and conditions.Cummins Inc'S
<br /> ACCEPTANCE OF THIS SALES ORDER IS EXPRESSLY CONDITIONED ON CUSTOMER'S ASSENT TO ALL OF SUCH TERMS AND CONDITIONS.
<br /> Accepted Customer
<br /> Cummins Inc-Seattle,WA • Company: City of Everett,
<br /> Sales Representative: “A-tiBeyer(Ple.- Print: 4
<br /> Date: September , 01 Signature 'IYJ7( a
<br /> Officer/Sales Date:1 ' e 10
<br /> or Branch Manager:
<br /> P.O.Num.er(.e d original):
<br /> Date:
<br /> This sales order including,but not limited to all terms and conditions on the following pages,shall not be binding on Cummins Inc unless
<br /> executed by the presid t,a vice president or a sales manager of Cummins Inc,or by the manager of the branch listed above,in addition to
<br /> the sales representa' e.
<br /> AT RI: •
<br /> illY� O 'H i 5 o FORNI
<br /> W[ �y
<br /> City Clerk Tnr+;r C r r�
<br />
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