Agenda - 10-01-2024; 8-f - Fiscal Year 2024-25 Ambulance Purchase

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43 3084 3085 Construction will begin only after all questions have been resolved. Once the unit is in production, 3086 each change will result in an engineering fee of$250 in addition to the price for the change. 3087 3088 Failure to select an option on this order form will result in: (i)no charge to the Customer, 3089 (ii)no obligation by Excellance for that item, and (iii)the possibility, at Excellance's sole election, 3090 of a$250 charge for each change or addition that occurs after production begins on a vehicle. 3091 3092 Review this order carefully. Changes, alterations or additional work ordered shall be charged 3093 for at current rates with additional time being allowed Excellance for delivery. 3094 3095 Price is exclusive of taxes, licenses, etc.which shall be the responsibility of Customer. 3096 All delivery dates are approximate unless otherwise indicated and are subject to and dependent 3097 upon the Customer furnishing all required information to Excellance in a timely manner. 3098 3099 Excellance shall not be liable for failure to deliver or delay in delivering any Product(s)covered 3100 by this order where such failure or delay is due, in whole or in part, to any cause beyond the 3101 reasonable control, or is without the gross negligence or intentional misconduct, of Excellance. 3102 3103 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs,fires, 3104 accidents, Government regulations, inability to secure materials or other causes beyond 3105 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. 3106 If colors are not specified, Excellance retains the right to assign colors based upon availability. 3107 3108 In the event Customer cancels this order prior to Excellance beginning production on the unit(s)covered 3109 hereunder, then Excellance shall be entitled to receive from Customer the greater of(a)20%of the 3110 contract price, or(b)all deposits paid by Customer hereunder. In the event Customer cancels this 3111 order after Excellance begins production on the unit(s)covered hereunder,then Excellance shall 3112 be entitled to receive from Customer the full contract price less the amount of money saved by 3113 Excellance by reason of the cancellation (e.g., actual costs incurred)plus 20% of the contract price. 3114 3115 Any warranties on the products sold hereunder are those made by the manufacturer of said products. 3116 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or 3117 implied, including any implied warranty of merchantability or fitness for a particular purpose, and 3118 neither assumes nor authorizes any other person to assume for it any liability in connection with 3119 the sale of such products. 3120 3121 In the event there is a"trade-in" unit that Excellance agreed to take"in trade"as partial consideration of 3122 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new 3123 unit to the Customer until Excellance(a)receives the MSO/title for the unit to be"traded in", and (b)has 3124 possession of the unit"traded in". 3125 3126 Customer agrees that in the event of any Action brought by Customer against Excellance, Purchaser 3127 shall not be entitled to recover any incidental or consequential damages as defined in the Uniform 3128 Commercial Code, including but not limited to indirect or special damages, loss of income or 3129 anticipated profits, or down-time, or any punitive damages. 3130 3131 This contract contains the entire understanding between the parties, supersedes any previous agreement or 3132 understanding, and any changes to this contract must be in writing and signed by Customer and Excellance. 3133 3134 No waiver of any term of this order shall be valid unless it is in writing and signed by an officer of 3135 Excellance. If any provision or part of any provision of this order shall be deemed to violate any applicable 3136 law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining 3137 part of that provision and the remainder of this document shall continue to be binding and enforceable. 3138 3139 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be 3140 performed entirely within that state, shall govern this agreement. Any controversy or claim 3141 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding 3142 arbitration in accordance with the rules of the American Arbitration Association and any judgment 3143 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. AQ Version 23.2 Page 15 of 15 7/22/2024 9:26 AM