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<br />1125 7th Street East <br />St. Paul, MN 55106 <br /> <br />Customer Name City of Elk River Date May 13, 2021 <br /> <br />Quantity Chassis Type Body Type Price per Unit <br /> 1 2022 Pierce Quantum Top Mount Pumper $ 737,444 <br /> $ <br /> $ <br /> $ <br /> $ <br /> <br /> <br />Applicable Discounts: <br />Customer has agreed to make 100% full pre-payment and accept all discounts detailed in exhibit C. <br /> <br />Warranty Period: 1-year bumper-to-bumper, other warranties as detailed in full bid proposal submitted to the <br />Fire Chief on 1-5-2021 <br />Orientation Requirements: MacQueen representative will conduct an apparatus orientation with the department <br />as agreed upon between the fire chief and district sales manager. <br />Other Matters: <br /> $10,000 customer contingency fund included for build changes and loose equipment mounting. <br /> A performance bond, issued by a surety company, will be provided, and is included in the total price. <br /> <br />This contract is available for municipal corporations and others to utilize with the option of adding or deleting any <br />available options, including chassis models. Any addition or deletion may affect the unit price. <br /> <br />Payment Terms <br />Full payment due N15 from contract signing. See full details in Exhibit C. <br /> <br /> <br />\[NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements <br />through a financial institution acceptable to MacQueen.\] All taxes, excises and levies that MacQueen may be <br />required to pay or collect by reason of any present or future law or by any governmental authority based upon the <br />sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by <br />MacQueen to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All <br />delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any <br />increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. <br />Delinquent payments shall be subject to a carrying charge of 1.5 percent (1.5%) per month or such lesser amount <br />permitted by law. MacQueen will not be required to accept payment other than as set forth in this Agreement. <br />However, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with <br />material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase <br />Price until such time that MacQueen substantially remedies the nonconformance with material Specifications, but <br />no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may <br />withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after <br />Delivery. MacQueen shall have and retain a purchase money security interest in all goods and products now or <br />hereafter sold to the Customer by MacQueen or any of its affiliated companies to secure payment of the Purchase <br />Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or <br />liability now or hereafter incurred or owing by the Customer to MacQueen, MacQueen shall have and may exercise <br />all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the <br />state of Minnesota. <br />5 <br /> <br />