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3333 Busch Rd 250kW
<br /> Reference ..
<br /> Sourcewell
<br /> PETERSONQuote
<br /> Sourcewell#: #092222-CAT
<br /> Revision: 2
<br /> Date: May 26, 2023
<br /> 3 Order and Delivery of Equipment. Any and all references to dates or delivery are for planning and scheduling purposes only.No guaranty is stated or
<br /> implied,retention and or back charges are expressly excluded.All orders for equipment are subject to credit approval,which is subject to final acceptance
<br /> by Company in its sole discretion.Peterson will exercise commercially reasonable efforts to meet any performance dates set forth in the Agreement,but
<br /> Customer understands and agrees that any such dates are estimates only and failure by Peterson to deliver any equipment by such date shall not be
<br /> deemed a breach of the sales agreement. Company will have no liability for any loss associated with the delay in the delivery of equipment,additionally,
<br /> Peterson will not be deemed in breach of its obligations under this Agreement or otherwise liable to Customer or any third party for any costs,charges,
<br /> losses sustained or incurred by Customer or applicable third party for any delay in the delivery or equipment arising out of,caused by or in any way related
<br /> or connected with any circumstances beyond Peterson's control,including,but not limited to delays caused by acts or omissions to acts by Customer or its
<br /> Agents(defined below),acts of God,acts of war or terrorism,fire or other casualty,storms or adverse weather,strikes,labor shortages or disturbances,
<br /> shortages of materials,manufacturer delays,theft or vandalism,transport and handling accidents,or revisions to laws,regulations or governmental
<br /> requirements. As used herein,the term"Agents"means principals,employees,contractors,subcontractors,consultants,agents,representatives and any
<br /> persons within the direction or control of Customer or acting on behalf of or for the benefit of Customer.
<br /> 4 Customer's Obligations. Customer shall comply with Applicable Law(defined below)in connection with its use,handling,maintenance,storage and
<br /> operation of the machinery and equipment and shall cause its Agents to comply with all such Applicable Law. As used herein"Applicable Law"means all
<br /> applicable federal,state and local laws pertaining to its covenants and obligations under the Agreement and its performance of the same,together with
<br /> these Terms and all rules,regulations,standards,procedures and protocols pertaining or related to the equipment and each and all of them,subject to the
<br /> Agreement,as stated or endorsed by Company or the manufacturer of such applicable equipment Customer shall cooperate with Peterson in all matters
<br /> relating to the sale and delivery by Peterson of the equipment The representations and warranties of Customer under this Agreement,including,but not
<br /> limited to,the foregoing,shall survive any expiration or termination of this Agreement.
<br /> 5 Cancellation;Charges. If Customer cancels all or a portion of this Agreement after its release to Peterson,written cancellation notice is required.
<br /> Calendar Days CanceNabon Schedtlle CWM18fiW Charge
<br /> From To Percent of Order
<br /> Order 15 ARO 5
<br /> 16 ARO 30 ARO 10
<br /> 31 ARO 60 ARO 20
<br /> 61 ARO 91 before RTS 70
<br /> 90 before RTS On/after RTS 90
<br /> ARO—After receipt of order,RTS—Ready to ship
<br /> 6 Pricing: Unless expressly provided for in writing on a quote,pricing for future orders is subject to change without notice.Unless otherwise stated pricing
<br /> and risk of loss for purchased equipment is FOB Peterson's site.If purchased equipment is shipped FOB factory,pricing and risk of loss is the
<br /> responsibility of the customer and any claims for shortages,damages,or delays must be made by Customer direct to the carrier.
<br /> 7 Taxes: Customer will promptly pay to Peterson any taxes that Peterson is required to collect with respect to the purchase of the equipment or any
<br /> amounts payable by Customer under the Agreement,including,but not limited to,value added,personal property,sales,use,excise and similar taxes,
<br /> duties and charges of any kind imposed by any federal,state or local governmental entity(collectively,"Taxes").For any Taxes on which Customer claims
<br /> exemption,Customer must provide Peterson with properly completed exemption certificates and any documentation needed to validate the exemption.If
<br /> Customer refuses or fails to provide an appropriate exemption certificate and supporting documentation,as determined by Peterson,Customer will remain
<br /> liable for all such Taxes. Customer will indemnify,defend and hold harmless Peterson for any and all claim,loss or liability related to Taxes for the
<br /> equipment.To the extent any taxing authority audits Peterson and assess any taxes related to this purchase,the Customer shall provide proper
<br /> documentation to support that such taxes have been paid,and will be responsible for any unpaid assessments,interest,penalties,withholdings,defense
<br /> cost and/or reimbursement to Peterson of defense cost.
<br /> www.petersonpower.com
<br /> (800)963-6446
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