HomeMy WebLinkAbout4.515 Original Contract
4.5/5
Pierce Manufacturing Inc.
AN OSHKOSH TRUCK CORPORATION COMPANY. ISO 90012000 CERTIFIED
2600 AMERICAN DRIVE
POST OFFICE BOX 2017
APPLETON, WISCONSIN 54912-2017
920-832-3000. FAX 920-832-3208
<pletce:>
www piercemfg.com
December 10,2005
Mr. Keith Bogues, Training Officer
PORT ANGELES FIRE DEPARTMENT
102 East 5th Street
Port Angeles, W A 98362
Re: New Fire Apparatus - Job No. 17938TR
Dear Mr. Bogues:
We would like to thank you for your recent purchase of ONE (1) PIERCE DASH AERIAL.
We are pleased to formally accept this order and have enclosed a signed copy of the contract for your
files.
The opportunity to place this PIERCE apparatus in your fire department is greatly appreciated. Weare
certain it will fulfill your every requirement.
Pierce Manufacturing, Inc. and your authorized Pierce Representative, Hughes Fire Equipment, Inc.,
thank you for your business.
Yours very truly,
PIE~NU
Jeff Resch
VP National Sales
JRJcrh
Enclosure
Cc: Hughes Fire Equipment, Inc.
CONTRACT
TillS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI, first party, and the
" The City of Port Angeles Fire Department by its authorized representative, second party
WITNESSETH:
First. The said first party hereby agrees to furnish the apparatus and equipment according to the
specifications hereto attached and made a part ofthis contract, and to deliver the same as hereinafter provided.
Second. The fIrst party agrees that all material and workmanslnp in and about said apparatus and
equipment shall comply with said specifications. In the event there is any conflict between Customer Specifications
and the Pierce Proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply.
Third. 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
(NFP A) 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 offuture changes in or additions to
said DOT or NFP A 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, Wisconsin, within
about 245 to 275 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
Port An~eles, Washington
Fifth. A competent serviceman shall upon request, be furnisbed 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.
Shih. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of
- ***** Eight Hundred Sixty Three Thousand, Four Hundred Nine and 82/100 *****
Dollars ($ 863,409.82 )
830,601.00
-12,142.00
- 7,171.00
- 6,207.00
- 10,749.00
794,332.00
+68,312.55
+ 765.27
863,409.82
Revised Purchase Price
-Less Progress payments discount
Less Chassis payment discount
Less Aerial device payment discount
Payment upon completion discount (less withheld portion)
Revised Purchase Price
Plus Washington State Sales Tax @ 8.3% plus New Vehicle Tax @ .3%
Plus Interest on withheld portion for payment 30 days after unit leaves factory
Total Contract Amount
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 oftbis 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 there under
shall be evidenced by negotiable paper.
4CP~~
- -
CONTRACT
A progress payment of 250,000.00 due no later than November 30,2005
A pro!=)ress payment of 488,500.00 due no later than Januarv 2, 2006
Final payment due 30 days after unit leaves Pierce factory
If above payments are not made, as scheduled, interest charges will be added
If more than one piece of apparatus is covered by tbis contract, the above terms of payment shall apply to
each piece, and an invoice covering 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 tills contract shall remain the property of
the first party until the entire contract price has been paid, but if more than one piece 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 the first party may take full possession of the apparatus and
equipment, or oftbe 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 officer 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 tills contract except as are contained herein or in
the specifications attached hereto. Tbis 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 n+" day of
November 2005
Pffi~
~~te of A ceptance \\ .~::) ;):':X:F,
~~e nPI"'ty~: J ~:;y i~~j J ._ ~
(S eal)
<~-,