HomeMy WebLinkAboutAgreement_General_10/22/2014 Equipment Quotation
Miracle Quote Number: 23140257
Quote Date: 09/30/2014
Customer Number 33461307
Sales Representative Terms of Sale: Net 30
Connie Brown Customer Class: 1. Parks & Rec
Shipping Method: Best Way
Miracle Recreation Equipment Co. Freight Terms: Prepaid
878 E Hwy 60 Approximate Ship Date:
Monett, MO 65708 Cust PO Num:
Phone: (954) 520 -4523 Fax: (954) 473 -1964
PO Remittance (if other than Sales Representative):
Prepared Village of Tequesta
For: 399 Seabrook Road
Tequesta, FL 33469
Location: Village of Tequesta Warranty
gcorbitt @tequesta.org 399 Seabrook Road
Payment Miracle Recreation Equipment Company
Tequesta, FL 33469
Remittance: 8445 Solution Center, Chicago, IL 60677 -8004
Payment/ Greg Corbitt (561) 575 -6247 Shipping/ Greg Corbitt (561) 575 -6247
Accounting Delivery
Contact: Contact:
Quantity Item Number Description Price Each Price Total
17 104473 Bolts $0.00 $0.00
7 104475 1/4 x 1 bolt $0.00 $0.00
1 112610P Tunnel Slide Straight Section $0.00 $0.00
1 713266 Parts Carton for square deck $0.00 $0.00
2 713267 Parts Carton (1/2 Hex 4 posts) $0.00 $0.00
1 984351P Square Deck KC $0.00 $0.00
2 984353P 1/2 Hex to 4 posts $0.00 $0.00
1 987179P Stair 5' Transfer Point $0.00 $0.00
1 988056 Parts Carton for Front step Transfer $0.00 $0.00
1 990136 Mega Perimeter Deck $0.00 $0.00
1 990196 Parts Carton for 714520 $0.00 $0.00
24 104479 3/8" BIT SET SCREW T -30 $0.00 $0.00
24 110156 1/4-20 4 PRONG T -NUT $0.00 $0.00
48 117001 1/4" FLAT WASHER $0.00 $0.00
Equipment Total: $0.00
Freight: $0.00
Installation: $0.00
SubTotal: $0.00
Tax: $0.00
Grand Total: $0.00
Special Colors:
Installation includes minor paint touch up on easily accessible areas only.
Rep #: 23 0 er #: 23140257 Page 1 of 3 Rev D 052313
Notes:.
Prices do not include any materials or services other than listed. Installation charges are included with quote # 23140258. Original WO
653210 and 562098.
This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ( "Miracle ").
Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales
Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via
fax (417) 235 -3551 or email: orders @miracleree.com. Upon acceptance, Miracle will return a fully - signed copy of the Quote to Customer (with copy to
Sales Representative) via fax or email.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment
and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment
terms are Net -30 days from invoice date with approved credit and all charges are due and payable in full at 8445 Solution Center, Chicago, IL 60677 -8004,
unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide
proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions
on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company.
Quote Number: 23140257 Quote Date: 09/30/2014 Equipment Total: $0.00 Grand Total: $0.00
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND
SUBJECT TO FINAL APPROVAL BY MIRACLE. '
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Submitted B Y Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY.
By:
Date:
ADDITIONAL TERMS _CONDITIONS OF SALE
1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety
surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission
Handbook for Public Playground Safety.
2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this
Quote, shall constitute a default under all unsatisfied invoices ( "Event of Default "). Upon an Event of Default, Miracle shall have all remedies available to it
at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and
cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession
of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not
alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys'
fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as
liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by
Miracle within ten (10) days after the date on which due.
Rep #: 23 Order #: 23140257 Page 2 of 3 Rev D 052313
3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES
ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY
KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE
EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES
AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE'S INSTALLATION AND
OWNER'S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any
legal process; (ii) transfer title to the Equipment or any of Customer's rights therein;. or (iii) remove or permit the removal of the Equipment to any location
not specified in this Quote.
5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security
interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle
may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed,
by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and
federal courts located in the city and county of St. Louis, Missouri.
7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss
or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the
Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment
against all such losses and casualties.
S. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a
default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by
Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to
Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully- executed Quote, as supplemented by Change Orders and invoices containing exact
amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed
by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may
result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any
requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns.
10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts,
each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed
facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile
or other electronically transmitted signatures by signing an original document.
Rep #: 23 Order #: 23140257 Page 3 of 3 Rev D 052313