5.2 ERMUSR 03-14-2023 - Laserfiche WebLink

Home Browse Search

Elk River Municipal Utilities 9 SupplierCore & Main LP All Equipment prices shall be fixed until December 31, 2025, or until all products required for the project are delivered, whichever first occurs, and only for the quantities of materials specified herein. The foregoing price lock is contingent upon ERMU ordering all materials required for the project upon contract execution. Thereafter prices will be subject to increase based on prices then prevailing. 7. Invoice and Payment Invoices Supplier will issue invoices to ERMU in accordance with Section 6. Invoices shall be emailed electronically to invoice@ermumn.com with a copy to mtietz@ermumn.com. ERMU will review, approve, and pay each undisputed invoice within thirty (30) days of receiving such invoice and other documents as requested by ERMU to support the contents of the invoice. In the event ERMU disputes or contests all or part of any invoice, ERMU reserves the right to request a replacement invoice stating only the undisputed amount, pay any undisputed amount, and withhold payment of any disputed amount. Such replacement invoice and the payment thereof shall not constitute a waiver of any claims or defenses by either Party. No payment shall be due to Supplier while Supplier is in default of any material provision in this Agreement. ERMU may withhold from Supplier the amount of (i) any defective workmanship, materials, and Equipment, or (ii) any claim by a third party against either Supplier or ERMU arising from the scope of this Agreement. Retainage ERMU shall withhold retainage during Phases I and II of five percent (5%) of the total value of the Work in each invoice. ERMU shall pay Supplier the withheld percentage for Phase I upon the Supplier’s successful completion of the ISAT and the withheld percentage for Phase II upon the Supplier’s successful completion of the FSAT as defined in Table 1 of Section 6. Taxes Supplier shall pay any tax, fee, or charge imposed by any governmental authority with respect to the transactions under this Agreement and include such tax, fee, or charge for payment on the applicable invoices submitted to ERMU. 8. Equipment Forecasts Within thirty (30) days after the Effective Date of this Agreement, ERMU shall provide Supplier a written forecast of total anticipated Supplier Equipment needs by month for the AMI System deployment; ERMU shall revise and resubmit such forecast as necessary throughout deployment. Failure to provide an accurate forecast, within reason, may negate the stated Supplier Equipment lead times and may adversely impact delivery of the Equipment to ERMU. 9. Purchase Orders Purchase Orders 201