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HomeMy WebLinkAboutAgreement_General_03/16/2017 TERMS AND CONDITIONS OF THE TRANSACTION BETWEEN: SELLER: I Firehouse Innovations, Corp. PURCHASElt 11 L A E OF I - EQ U ESTA . - DATE: The Seller agrees to sell and the Purchaser agrees to purchase ( ) Multl- Force, Forcble Entry Door System (potenL*'t0 be used to assist Fire Departments in training their members on the task of forcible entry of doors. This agreement comprises the entire agreement affecting the purchase of this product and no other agreement or understanding of any nature concerning same has been made or entered into, or will be recognized. I have agreed to pay the Mowing ice a B P f $6,200 per door for J door(s) with additional featu d : Cutting Station r 0( ) with shipping: � g $ : Batterhg Ram Attachment $ � or (H ) without shipping for a total of: S That amount will be delivered to the Seller upon delivery of the product or within thirty (30) days of delivery of the product, and shall be paid by bank check or money order. Fin department checks are acceptable. The Seller agrees to deliver the product, or Purchaser may pick It up at Seller's New York address. It wilt be assumed by the Purchaser and Seller that the employees and/or agents of the Purchaser are famiUar with the product and know how to use same, safely and efficiently, either by direct Instruction from Rrehouse Innovations, Corp. or by the Instructional DVIYs provided by Firehouse Innovations, Corp. The Seller shall not be liable for any delays in delivery of the product. And the Seller shall not be liable for any consequential damage, alleged to have been suffered by the Purchaser of any other type of damage whatsoever. The Seller expressly disclaims all warranties expressed or Implied, including any Implied warranty of merchantability or fitness for a particular purpose. And that the Seller neither assumes, nor authorizes, any other person to assume for them any liability in connection with the purchase of this product. The Seller shall give a limited one-year warranty relating to a problem caused by a manufacturing defect or faulty parts. The Seller agrees to repair or replace these faulty parts within this one -year period only. The Purchaser undersbnds that the Seller has the right to change the design of the product at anytime; however, If done prior to delivery to the Purchaser, notice of any changes will be required. If the 1 i changes are not acceptable to the Purchaser, the Purchaser is able to cancel the order without penalty or payment to the Seller. If this contract is cancelled by the Purchaser (not for reason of design change by Seller) prior to delivery, without consent of the Seiler, the Purchaser understands he will be liable for liquidated damages in the sum of $510. Both the Purchaser and the Seller agree that this agreement is governed by New York State law. Any dispute arising per this agreement shall be submitted to binding arbitration, in front of American Arbitration Association. The Purchaser agrees that this product (Multi- Force, Forcible Entry Door System) shall not be rented out for monetary gains to other fire departments. All waming stickers or Firehouse Innovations, Corp. logo stickers shall not be purposely covered or removed from this product. Any such stickers accidently removed can be replaced by firehouse Innovations, Corp. upon notice. By executing this document I have agreed that I have read and understand the subject matter of this agreement. I agree that this is the only agreement between the parties hereto. That I have had the opportunity to consult with legal counsel of my own choosing. And 1 certify that I am of legal age and sound mind to enter into this agreement. Dated. 3 1 SELF PURCHASER: FIREHOUSE INNOV TIONS, CORP. BY: Michael Perrone, President By: • "NOTE, Cutting Station can be added at any time. Battering Ram Attachment must be added at initial purchase, cannot be retrofitted in the field. 2 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768 -0685, OR AT Imcwilliams @teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.