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Reference o. Name): 3333 Busch <br /> • . 25OkW <br /> JSourcewell <br /> PFomTERS Quote#: 31172470 <br /> Sourcewell#: #092222-CAT Revision: 2 <br /> Date: May 26, 2023 <br /> 8 Freight:Freight costs indicated in the Agreement/Quote are estimated and subject to change.Any delivery,shipping,installation or performance dates <br /> indicated in this Agreement/Quote are estimated and not guaranteed.Peterson shall use best efforts to meet estimated dates,but shall not be liable for <br /> any delay in delivery,shipping,installation or performance,however occasioned. <br /> 9 Title,Risk of Loss: Title and risk of loss for the Equipment shall pass to Customer with delivery made in accordance with the delivery terms set forth <br /> above. <br /> 10 Inspection and Acceotance: Customer shall inspect the Equipment upon delivery,before offloading,for damage,defects and shortage. Any and all <br /> claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill <br /> of lading.Where Equipment is alleged to be non-conforming or defective,written notice of defect must be given to Peterson within five(5)days from date <br /> of delivery after which time Equipment shall be deemed accepted.Peterson shall have a commercially reasonable period of time in which to correct such <br /> non-conformity or defect.If non-conformity or defect is not eliminated to Customer's satisfaction.Customer may reject the Equipment(but shall protect the <br /> Equipment until returned to Peterson)or allow Peterson another opportunity to undertake corrective action.In the event startup of the Equipment is <br /> included in the services,acceptance shall be deemed to have occurred upon successful startup. <br /> 11 Payment Terms,Credit,Retainage: For Customers with an open credit account with Peterson,payments terms are 10%with order,25%due at <br /> submittal approval,and 65%at delivery of material unless otherwise stated in the proposal.Payment due Net 30 from the date of invoice.For Customers <br /> who do not have an open credit account with Peterson,progress payments with full payment in advance may be required.Peterson may,in its sole <br /> discretion,at any time:(a)revoke credit;(b)modify terms and conditions of credit;(c)require payment in advance;and/or(d)withhold equipment until <br /> receipt of full payment then owing by Customer to Peterson,whether such outstanding obligation of Customer is for the equipment described on the <br /> reverse side or otherwise.If payment is not received when due,in an addition to any rights Peterson has under the law and charges that Peterson may <br /> levy against Customer under statute(including attorney fees and costs of collection),Peterson may charge customer eighteen percent(18%)interest <br /> annually,or the maximum amount allowed by law,on late payments.Payment shall be due in advance if Customer does not have approved credit. <br /> Retainage is not acceptable nor binding,unless accepted and confirmed in writing by Peterson prior to shipment. <br /> 12 Invoice.Fees and Expenses: Failure to notify Peterson in writing of any dispute regarding an invoice within thirty(30)days of receipt thereof will be <br /> deemed a waiver by Customer of Customer's right to dispute such invoice.Customer's obligation to pay amounts invoiced is and will be absolute and <br /> unconditional and shall not be subject to any delay,reduction,set-off,defense or counter-claim. <br /> 13 Bonds: Cost for any required bid bond,payment and performance bond,or any other type of bond will be reimbursed to Peterson by Customer. <br /> 14 Permits,Fees,&Licenses: Cost for any permits,fees,and licenses are the responsibility of the customer and if paid for by Peterson,will be reimbursed <br /> to Peterson by Customer. <br /> 15 Temporary Storage of Equipment Purchase: Whereas Customer has purchased the equipment listed in this agreement from Peterson,and Customer <br /> has requested that Peterson provide storage for the equipment until such time as Peterson has the equipment delivered to their site,Customer will pay <br /> Peterson a monthly storage fee,and Exhibit A will be applicable and incorporated in these Terms. <br /> 16 Training,Startup Services,Installation: Startup services,load bank testing,commissioning,and owner training are not provided,unless otherwise <br /> stated in the quote.Site startup services require customer's account be current and will be performed during regular Peterson business hours,Monday <br /> through Friday.Additional charges may be added for work requested to be done outside normal business hours,on weekends or holidays.One visit for <br /> startup is allowed unless specified otherwise in the quote.A minimum of two weeks prior notice is required to schedule site startup and subject to <br /> availability of startup technicians and prior commitments of equipment.A signed site check sheet confirming system readiness is required,including and <br /> not limited to;wire termination,fuel lines connected,fuel tank full,and exhaust system complete.Peterson personnel may perform an installation audit <br /> prior to startup being completed to assure system readiness for startup.Any issues identified by the installation audit may be corrected at the customer's <br /> expense prior to startup.Portable load banks for site test(if offered in the Quote)are equipped with only 50 feet of cable.Additional lengths may be <br /> arranged at an extra cost.Installation of equipment is performed by others and not included unless otherwise stated in the quote. <br /> 17 Warranties: <br /> www.petersonpower.com <br /> (800)963-6446 <br /> 7of10 <br />