HomeMy WebLinkAbout20-0326B Rush Truck Centers Orb a,68
PURCHASE AGREEMENT
This Agreement is hereby made and entered into this 18th day of March
2020 by and between the City of Elgin,a municipal corporation(herein referred to as"City") and
Rush Truck Centers of Illinois, Inc., a Delaware corporation, (herein referred to as "Rush" or
"Seller").
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. PURCHASE. City shall purchase,and Rush shall sell the goods described by Attachments
A, B,C and D attached hereto and made a part hereof.
2. TERMS. This agreement shall be subject to the terms and conditions contained herein and
as provided by Attachments A,B,C and D,attached hereto and made a part hereof,State of Illinois
Contract #19-416CMS-BOSS4-B-2573 ("ILL") and Sourcewell Joint Purchasing Agreement
#080818-HPI("JPA"), incorporated herein by reference.
3. CONFLICT. In the event of any conflict between any of the terms and provisions of this
purchase agreement and Attachments A,B,C and D hereto,ILL or the JPA or any portion thereof,
the terms and provisions of this purchase agreement shall control
4. LAW/VENUE. This agreement is subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or
in connection with this agreement shall be the Circuit Court of Kane County,Illinois,without jury.
Rush hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois
for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any
lawsuit brought pursuant to this agreement or the subject matter hereof; and Rush agrees that
service by first class U.S. mail to Rush Track Center, Springfield, 3441 Gatlin Drive, Springfield,
IL 62707 shall constitute effective service.
5. NO MODIFICATION. There shall be no modification of this agreement, except in
writing and executed with the same formalities as the original.
6. MERGER. This agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein, and this agreement
shall supersede all previous communications,representations,or agreements,either verbal,written
or implied between the parties hereto.
7. INTEREST. Rush hereby waives any and all claims or rights to interest on money claimed
to be due pursuant to this agreement,and waives any and all such rights to interest to which it may
otherwise be entitled, pursuant to law, including, but not limited to, pursuant to the Local
Government Prompt Payment Act(50 ILCS 505/1,et seq.)as amended or the Illinois Interest Act
(815 ILCS 205/1 et seq.)as amended.The provisions of this paragraph shall survive any expiration,
completion, and/or termination of this agreement.
8. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the
terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for
any reason, the remainder of this agreement shall remain in full force and effect.
9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement
it is expressly agreed and understood that in connection with the performance of this agreement,
Rush shall comply with all applicable,federal,state,city and other requirements of law,including,
but not limited to, any applicable requirements regarding prevailing wages, minimum wage,
workplace safety and legal status of employees. Without limiting the foregoing, Rush hereby
certifies, represents, and warrants to the City that all of Rush's employees and/or agents who will
be providing products and/or services with respect to this agreement shall be legally authorized to
work in the United States. Rush shall also at its expense secure all permits and licenses, pay all
charges and fees, and give all notices necessary and incident to the due and lawful prosecution of
the work, and/or the products and/or services to be provided for in this agreement. The City shall
have the right to audit any records in the possession or control of Rush to determine Rush's
compliance with the provisions of this section. In the event the City proceeds with such an audit,
Rush shall make available to the City, Rush's relevant records at no cost to the City.City shall pay
any and all costs associated with any such audit.
10. PAYMENT. City shall pay $343,960 pursuant to Attachment A, $367,610 pursuant to
Attachment B, $190,946 pursuant to Attachment C and $280,570 pursuant to Attachment D for a
total sum of$1,183,086 within thirty(30)days of delivery or City's receipt of invoice, whichever
is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes,
which shall be at Rush's sole expense.
11. DELIVERY. Rush shall complete delivery of all goods on or before September 1,2020.
12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this agreement. In no event shall City be
liable for any consequential, special, or punitive damages resulting from loss of profit.
13. EXECUTION. This agreement may be executed in counterparts, each of which shall be
an original and all of which shall constitute one and the same agreement. For the purposes of
executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail
shall be treated in all manners and respects as an original document. The signature of any party
on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these
purposes as an original signature and shall have the same legal effect as an original signature. Any
such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal
effect as an original document. At the request of either party any fax or e-mail copy of this
agreement shall be re-executed by the parties in an original form. No party to this agreement shall
raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such
defense.
14. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City
upon delivery of the goods. All transportation and delivery shall be at RUSH'S sole expense.
2
RUSH TRUCK CENTER, SPRINGFIELD LGIN
tint Richard G. Kozal
City Manager
ignature /
Attest
Ll)gq /7.z`1 er City Clerk
Title r QQ
FEIN NO. `�o -323a t/ `' 7-
FAL.egal Dept\AgreementTurchase Agreement-Rush"truck Center-2-14-20.docx
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Rush Truck Center,Springfield Pw Sf n14tia ATTACHMENT A
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3441 Gatlin Dr
OC CENTERS, Springfield,IL 62707 Retail Sales Order
(217)523-5631
t
nasr.rasll W dcalattn.toa>t
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SALES ORDER Date
Please enter my order for the following: CITY OF ELGIN '
0 New O F.E.T.Applicable cu"CONreNalns - - — —
0 Used o F.F-T.Exampt _ _ 1900 HOLMES ROAD ELGIN IL 60123
Make_INTERNATIONAL sof" HV-507 4X2 _ -- Ibe01-- -----C�— -- —�Zip--- -
Year 2021 "TWO REFERENCED BELOW . (647)774-3841 I
Cow WHTfE TYYn STANDARD Federal Tar 10 a Business Phoge Fax
SerialA —_ Purcheser'sNarne
Stock#
To be delivered on or ibo0 Beset City Stele ZIP
STATE CONTRACT#19416CMS BOSS443-2573 I
WAS USED TO PRICE THE CHASSIS LISTED IN - Federal Tax A i Business Phone Foo
PROPOSAL #16138 DATED 12/17/2019 76,682.00 *AVID Swesmar'MUELLER -
SOURCEWELL CONTRACT#080816 HPI — Trude VAI WNW in COOK County. I
WAS USED TO PRICE THE BODY/EQUIPMENT IN UENHOLDER INFOM"TION
HENDERSON QUOTE #131847 REV#56 100,976.0D Dale of Lien
DATED OZIU2020 Lien Holder -- -- -
SALES PRICE FOR ONE(1)COMPLETE UNIT 176,656.00
QUANTITY OF TWO (2) COMPLETE UNITS
Sates Price 353,316.00
Factory Paid F.E.T. 0.00 - -
F.E.T.Tire Credit 0.00
Total Factory Paid F.E.T. 0.00 DreRThrough
Optional Extended Warranties 0.00
Sub-Total 353,316.00 - -
_— UNIT 020 1999 INTL 4900 02 SER.0 1 HTSDAANXXH650594
Deafer Pall F.E.T.• O.OD i UNIT#24 2000 INTL 4900 412 SER.1 1 HTSDAAN2YH250630
Local Taxes 0.00 Total Used Vehicle Allowance• 10,000.00
License,Transfer,Tide,Reglstration Fee 316.00 Less Total Balance Owed _ — CAD
Vehicle Inventory Tax 0.00 Total Net Allowance on Used Vehws) 10,000.00
Documentary Fee 328.00 Deposit or CredR Balance — 0.00
Total Cash Delivered Price 353,960.00 Cash with Order 0.00
Total Down Payment 10,000.00 f_ _ _ _ _ _ __ _ _ _ __ _ _ _ 10,000.00
Unpaid Cash Balance Due on Delivery - - 343,980.00 13"Trade-In dwlb on page 4
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ADOCUMENTARYFEE ISNOTANOFFICIAL FEEADOCUMENTARYFEEISNOT REQUIRED BY Customer, by the execution of this Order, offers to purchase the Product(s)
LAW,BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO described above upon the Terms and Conditions tonbined herein. Customer
THE SALE. acknovAedges that Customer has road the Terms and Conditions of this Order on `
Page 2 and has received a true Copy of this Order and the Terms and Conditions. II
Customer's Signature Dab
SUBJECT TO ADJUSTMENT-FINAL F.E.T.MAV VARY.
ANY FE.T VARIANCE RESPONSIBILITY OF OEAIER
9'02OFFER RECEIVED BY) i
_ 'C �.` -04-2020
NOTICE:THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER SALES REPRESENTATNE Date
THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF
THE AGREEMENT BETWEEN THE PARTIES. OFFER ACCEPTED BY:
I AUTHORIZED REPRESENTATIVE Dab
6ANY REPRESENTATIONS,SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY
CUSTOMER THEY MUST RE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED
IN THIS ORDER;OTHERWISE,THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST
DEALER
+I THERE ARE NO UNWRITTEN ONLL AGREEMENTS BETWEEN THE PARTIES.
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RTC S-170E.-1114 FNN
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Rush Truck Center, Springfield
3441 Gatlin Dr
CF R$ Springfield,IL62707 Retail Sales Order
(217)523-5631
,tnw.rwailrurtr.strr&.rnra TERMS AND CONDITIONS
1.Parties to Order,Definition&.As used in this Retail Sales Order('Order 'Dealer
'shall the terms:(a)' aleshall mean the Rush Dealer identified at the top of the first page of this
Order.(b)'Customer shall mean the Customer identified on the first page of this Order,(c)'Manufacturer(s)'shell mean the entity or entities that manu`actured the Froduet(s) N
being understood by Customer that Dealer is In no respell the agent of Manufacturer($);and(d)'Product($)' shall mean the new andror used vehicle or other components,
accessories or products,which are being purchased by Customer,as set forth to this Order.
2.WARRANTY DISCLAIMERS AND LIMITATIONS
NEW PRODUCTS—MANUFACTURER WARRANTIES ONLY. Any warranties on any new Products)sold under this Order are limited only to any printed Manufacturers'
me cantles dellvered to Customer write the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT($)ARE SOLD WITHOUT ANY
OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,EACH OF
WHICH IS EXPRESSLY DISCLAIMED.
USED PRODUCTS—NO WARRANTIES. All used Product(s)add under this Order are sold on an'AS IS,WHERE IS'basis,vMhout any warranties by Dealer,provided that
Products that are sok!by Dealer as'Cerbfied Pre-Owned'are subject to the express written terms and conditions of the Deatets certified pre-owned program.EXCEPT FOR ANY
;MANUFACTURERS'WARRANTIES THAT MAY STILL BE IN EFFECT.ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED. i
LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer in conjunction with the sale of the Product(s),including if
'applicable installation,upf tting and conversion services('Services'),will be performed In a good and workmanlike manner('Services Warranty). The Services Warranty is valid for
a period of ninety(60)days from the date the Product(s)is delivered to Customer. Customer's sole and exdusive remedy,and Dealers entire liability,under the Services Warranty
Is the repair of any nonconforrtvng portion of the Services. DEALER PROVIDES NO OTHER WARRANTIES.EXPRESS OR IMPLIED,CONCERNING ITS SERVICES. The
Services Warranty Is strictly limited to Services performed by Dealer for Customer. Dealer does not warrant any services provided by any th,rd-party.Including but not limited to
l4tstallation,upfttiN or conversion sevices.Any warranties are solely those that are provided by the third-party service provider.
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NO OTHER WARRANTIES, EXCEPT AS SET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED.
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3.Reappraisal of TradeNn Vehleler.1f the motor vete cle which has been traded in('Tracl Venda")as a part of the consideration for the Producl(s)ordered hereunder is not
no be delivered to Dealer until delivery to Customer of the Product(s),the Trade-In Vehicle shag be reappraised at that time and such reappraised value shall determine the allowance
imade for the Trade-In Vehicle.Ir the reappraised value is lower than the original allowance shown on the front of this Orde Customer may,a dissatisfied,cancel this Order.
4.Delivery of Traii Vehicle by Customer;Customer Warranty of Title.Customer agrees todeirver to Dealer satisfactory evidence of title to the Trade-in Vehide at
Ithe time of delivery of the Trade-In Vehicle to Dealer.Customer warrants the Trade-In Vehicle to be Customers property free and dear of all liens and encumbrances
5.Delay m Fallum in Delivery;Limitation of Dealer Liability.Dealer shall not be liable for failure to deliver or delay in delivering any Product(s)covered by this Order VA"
failure or delay is due.In whole or in part,to any rause beyond the reasonable control,or is without the gross negligence or intentional misconduct,of Dealer. Examples of
beyond Dealers reasonable control include,but are not limited to,Manufacturers'delay or failure to deliver Product(s)for any reason,earthquake,hurricane or other natural r
, baster,fire,war terrorist act,labor dispute,strike,etc.
8.Liability for Tues.The pnoe for the Products)specified on the face of this Order includes reimbursement to Dealer for federal excise taxes pard,but does not Include j
sales or use taxes or occupational taxes based on sales volume(federal,state or local)unless expressty so stated,Customer assumes and agrees to pay,unless prohibited by low.
Jany such sales or use or occupational taxes imposed on o:applicable to the transaction covered by this Order,regardless of which parry may have primary tax liabi iry thereof,
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7.Customer's Deposit. Any Customers deposit,whether cash or Trade-In Vehicle,shat!not be refunded except due to Dealers failure to deliver the Product(s), t
0.Risk of Lass;Insurance. Customer shall assume all risk of loss retailing to the Product(s)at the time Customer receives possession of the Product(s),or at the time
Customer racelves file to the Product($)N title Is conveyed before Customer receives possession. Customer shall obtain Insurance for the Product(s)that will be In effectat the
time Customer takes possession of the Product(s),or at the time Customer receives title to the Product(s)N title is conveyed before the Customer receives possession. Dealer
ishall have no responsibility or Iiabliky related to the Product(s)after Customer receives either possession or We to the Product(s).
g.Governing Law;Venue;Time to Commence Action.Except to the extent that the laws of the United States may apply or otherwise control this Order,the rights and
lobligations of the parties hereunder shag be governed by,and construed and interpreted In accordance with,the laws of the state in which Dealer is located,without regard to conflict
j f law principles. The mandatory venue for any claim,litigation,civil action or any other tags$or administrative proceeding('Acton')revolving any controversy or claim between or
jamong the parties to this Order,Is the state in which Dealer is located. Customer has one(1)year from the accrual of any cause of action arising from the purchase of the Product(s)
IW commence an Action against Dealer.
10.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer.Customer shat:not be entitled to recover any ircidertal or
consequential damages as defined in the Unlortn Commercial Coder including but not limited to indirect or special damages loss of income or anticipated profits,or down-time,or
any punitive damages.
11.Feat and Expenses of Actions. In any Action,whether initiated by Dealer or Customer,where the Customer has a right,pursuant to statute,common law or otherwise,
to recover reasonable allomeys'fees and costs In the event N prevails,Customer agrees that Doaler shall have the same nght to recover reasonable attorneys'fees and costs
incurred In connect on with the Action In the event that Dealer prevails.
12.Execution and Delivery by Electronic Transmission.If this Order or any document executed In connection with this Order is delivered by facstmlle,email or similar
Instantaneous eiectronic transmission device pursuant to which the signature of or on behalf of such party can be seen such execution and delivery shag be considered valid,binding I
;and effective for all purposes as an origins(document.Additionally,the signature of any party on this Order transmitted by way of a facsimile machine or email shell be considered for
jet purposes as an original signature. Any such taxed or emailed document shall be considered to have the some binding legal effect as an original document At the request or
Vaster,any faxed or smelled document shall be r"xecuted by Customer In an onglnal forth
13.Walver,Seversbllity.No weiver of any term of this Order shag be valid unless it is in wrtting and signed by Dealers author sed representative. If arty provision or parlor
Any provision of this Order shall De deemed to violate any applicable law or regulation,such Invalid provision or part of a provision shall be inapplicable,BUT the remaining part of that
provision and the remainder of the Order shall continue to be binding and enforceable.
1 14. No Broker;Manufacturer Incentives. If at any time Dealer determines that the Customer Intends to engage in the resale of vehlcles for profit,where such resale is not
in conjunction with further manufacturing,Dealer reserves the right to cancel this Order. Certain manufacturer incentives are intended to be used for retail customers at the location
as identified by the Customer In this Order. Customer represents that toy will register the vehicle with their state motor vehicle department and are nut purchasing this vehicle with
the Intent to reseglexport the vehicle,except where such resale is In conjunction with further manufacturing. Hat anytime Dealer determines that the foregoing repro entstions are
not true,Dealer has the right to seek repayment of any manufacturer Incentives that are paid.
15.Communication Consent Dealer and any other owner or servlcer of this account may use any information Customer gives Dealer,including but riot limited to email
addresses.cel phone numbers,and landline numbers,to contact Customer for purposes related to Lnis account,including debt collodion and marketing purposes. In addition,
Customer expressly consents to any such contact being made by the most efficient technology available including but not limited to,automated dialing equipment,automated
messages.and prerecorded messages even if Customer is charged for the contact.
Customer Initial
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Rush Truck Center, Springfield TAN'S EM
3441 Gatlin Dr
UC CENTERS splmgfleld,IL 62707 ATTACHMENT B Retail Sales Order
(217)523.5631 I
,coat i
lAl Bti ORDER Dew UZfU4r1UZUi
Please enter my order for the follow ng: CITY OF ELGIN
*Now 0 F.E.T.Applicable
used Custome'c Naar I
Applicable*ud O F.E.T.Exempt 1900 HOLIES ROAD ELGIN IL 60123
SeflBa HV507 8X4 -.___.. �� CRY---- state Zip
_ INTERNATIONAL - _--
Y"r 2021 y Trva REFERENCED BELOW --- (847)774 3841
Color WHITE Tam STANDARD Fury Tax D s Business Perone Fax
Serial s --
PurchaWs Nome
Stock 8
To be delivered on or about Sweet -- — — — City swa — zip —
STATE CONTRACT#19416CMS BOSS-4-8-2573 _______
-- Federal Tax IDS Business Phone Fax
WAS USED TO PRICE THE CHASSIS LISTED N DAVID MUELLER
PROPOSAL #14972 DATED 12/17/2019 86.741.00 By sdst1r„ --- -- -
SOURCEWELL CONTRACT#080818 HPI Truck WII be'Titled in COOK County.
WAS USED TO PRICE THE BODY!EQUIPMENT N LIM04OUXR INFORt1ATION
HENDERSON QUOTE At 134236 REV.#10 125,742.00 Date of uen
DATED 02!03/2020 �i -- Llen Holder
SALES PRICE FOR ONE(1)COMPLETE UNIT x212,483.00
QUANTITY OF TWO (2) COMPLETE UNITS T
Sales Price 424,966.00 _
Factory Paid F.E.T. - - 0,00 ,
F.E.T.Tire Credit 0.00
Total Factory Paid F.E.T. 0.00 DraRTlllotlph
Optional Extended Warranties_ 0.00
Sub-Total 424,966.00 — -- ----
UNIT N 516 2009 OM 7400 8X4 SER.#IHTV%UAAT89J129490
Dealer Paid F.E.T.' 0.00 ^— UNIT i 519 200 IN'M 7400 6X4 SER,a IHTIAGAATX9J129491
Local Taxes -- 0.00 Total Used Vehicle Allowance• 58,000.00
Ucense,Transfer,T108,ROglWation Fee 316.00 Less Total Balance Owed ---f -- 0.00
Vehicle Inventory Tax 0.00 Total Net Allowance on Used Vehicle(s) I 58,000.00
Documentary Fee 328.00 Deposit or Credh Balance 0.00
Total Cash Delivered Price 425,610.00 Cash with Order 0.00
Total Down Payment 58,000.00 t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 58,000.00
Unpaid Cash Balance Due on Delivery 367,610.00 'See Trade-In distalis on paps 4
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ADOCUMEIiTA R'Y FEE IS NOT AN OFFICIAL FEE.A DOCUMENTARY FEE IS NOT REQUIRED BY Customer, try the execution of this Order, offersto purchase the Products) II
LAW,BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO described above upon the Terms and Conditions contained herein. Customer i
THE SALE. acknowledges that Customer has read the Terms and Condklons of this Order on j
Page 2 and has received a true copy of this Order and the Tsnns and Conditions. i
,
---- i
Customer's Signature Date
'SUBJECT TO ADJUSTMENT-FINAL F.E.T.MAY VARY.
ANY F E.T VARIANCE RESPONSIBILITY OF DEALER
1 �., l �1 02-04-2020 f
I OFFER RECEIVED 6Y
NOTICE:THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER SALES REPRESENTATIVE Date I!
THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF OFFER ACCEPTED BY:
THE AGREEMENT BETWEEN THE PARTIES.
AUTHORIZED REPRESENTATIVE Gab
IF ANY REPRESENTATIONS,SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY
CUSTOMER,THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED
IN THIS ORDER:OTHERWISE,THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST
DEALER
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
RTC 8.12OL•1/14 Feet 1
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Rush Truck Center,Springfield
3441 Gatlin Dr j
LICK 6Em Springfield,IL 62707 Retail Sales Order '
— (217)523-5631
I�rrrrn� TERMS AND CONDITIONS
1.Parties to Order,Definitions.As used In this Retail Sales Order('Order'),the terms:(a)'Dealer'shalt mean the Rush Dealer identified at the top of the first page of this
lOrder,(b)'Customer'shall mean the Customer Identified on the first page of this Order,(c)'Manufacturer(s)'shell mean the entity or entities that manufactured the Product(s),it 4
being understood by Customer that Dealer is In no respect the agent of Manufacturer(s);and(d)'Protluct(s)' shall mean the new and/or used vehicle or other components,
accessories or products,which are being purchased by Customer as set forth In this Order, !
2.WARRANTY DISCLAIMERS AND LIMITATIONS
NEW PRODUCTS-MANUFACTURER WARRANTIES ONLY. Any warranties on any new Products)sold under cos Order are limited only to any printed Manufacturers' I
warranties delivered to Customer with the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT(S)ARE SOLD WITHOUT ANY i
'OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILfrY OR FfTNESS FOR A PARTICULAR PURPOSE,EACH OF
'WHICH IS EXPRESSLY DISCLAIMED.
j USED PRODUCTS-NO WARRANTIES.At used Praduct(s)sold under this Order are sold on an'AS IS,WHERE IS'bases,wnnout any waranbes by Dealer,provided that
Products that are sold by Dealer as'Certified Pre-Owned'are subject to the express written terms and conditions of the Dealer's certified preovmed program.EXCEPT FOR ANY
MANUFACTURERS WARRANTIES THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FfTNESS FOR A PARTICULAR PURPOSE.ARE EXPRESSLY DISCLAIMED.
LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer In conjunction with the sale of the Product(s),including I
iapplicable installation,uplifting and conversion services('Services'),will be performed in a good and workmanlike manner('Services Warranty'). The Services Warranty is valid for
1a period of nlriety(90)days from the date the Product(s)Is delivered to Customer, Custorrer's sole and exclusive remedy,and Dealer's entire kability,under the Services Warranty
is the repair of any nonconforming portion of the Services. DEALER PROVIDES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,CONCERNING ITS SERVICES. The
Services Warranty Is strictly limited to Services perfomxd by Dealer for Customer. Dealer does not warrant any services provided by any thlrd-party,Including but not kmited to
Installation,uphtting or conversion services.Any warranties are solely those that are provided by the third-party service provider.
NO OTHER WARRANTIES. EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED.
3.Reappraisal of Trade-In Vehicle."the motor vehicle which has been traded In(-Trade-in Vehidel as a part of the conslderaton for the Product(s)ordered hereunder is not
Ito be delivered to Dealer until delveryto Customer of the Product(s),the Trade-in Vehicle shall be reappraised&I that time and such reappraised value shall determine the allowance
made for the Trade-In Vehicle.r the reappraised value is lower than the original allowance shown on the front of this Order.Customer may,if dissatisfied.cancel this Order.
4.Delivery of Trade-In Vehicle by Customer;Customer Warranty of Title.Customer agrees to deliver to Dealer satisfactory evidence of tifk to the Trade-In Vehicle at
'the time of delivery of the Trade-in Vehicle to Dealer.Customer warrants the Trade-in Vehicle to be Customers property free and dear of all Hens and encumbrances.
5,Delay or Failure In Dslivary,Limitation of Dealer Uablllty.Dealer shall not be Gable for failure to deliver or delay in deRvenng any Pmduct(s)covered by this Order where
(such failure or delay is due,In whole or In part,to any cause beyond the reasonable control,or Is without the gross negligence or intentional misconduct,of Dealer, Examples of
;causes beyond Dealer's reasonable control Include,but are not limited to,Manufacturers'delay or failure to delver Product(s)for any reason,earthquake,hurricane or other natural
Itlkaster,fire,wir,terrorist act,labor dispute,smite.etc.
j 0.Liability for Taxes.The price for the Produd(s)specified on the face of this Order Includes reimbursement to Dealer for fed"excise!axes paid,but does not include
'sales or use taxes or occupational taxes based on sales volume(federal,state or local)unless expressly to stated.Customer assumes and agrees to pay,unless prohibited bylaw, {
�Sny such sales or use or occupations!taxes imposed on or applicable to the transaction covered by this Order,regardless of which party may have primary tax liability thereof.
7,Customer's Deposit Any Customers deposit,whether cash or Trade-In Vehicle.shall not to refunded except due to Dealer's failure to deliver the Product(s).
e.Risk of Loss;Insurance. Customer shall assume all risk of loss relating 10 the Product(s)at the Ume Customer receives possession of the Product(s),or at the time
Customer receives title to the Products)If title is conveyed before Customer receives possession. Customer shall obtain Insurance for the Products)that will be in effect at the
time Customer takes possession of the Product(s),or at the time Customer receives title to the Product(&)I title is conveyed before the Customer receives possession. Dealer
shall have no responsibility or liability related to the Product(s)after Customer receives either possession or We to the Product(s).
9.Governing Law;Venue;Time to Commence Action.Except to the extent that the laws of the United States may appy or otherwise control this Order,the rights and
obligations of the parties hereunder shall be governed by,and construed and Interpreted in accordance with,the laws of the state in which Dealer is located without regard to ooMat
of law princ!pies. The mandatory venue for any claim,itlgaUon,clvl action or any other legal or administrative proceeding('Acton')involving any controversy or claim between or
among the parties to this Order,b the state In which Dealer Is located. Customer has one(1)year from the accrual of any cause of action arising from the purchase of the Product(s)
po commence an Action against Dealer.
10.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shell not be entitled to recover any incidental or
foonsequential damages as dehned in the Uniform Commercial Code.Including but not limited to Indirect or special damages,loss of Income or anticipated profts,or down-Ume,or
*N Punitive damages.
f 11.Fees and Expenses of Actions. In any Acton,whether Initialed by Dealer or Customer,where the Customer has a right,pursuant to statute,common law or otherwise,
11D recover reasonable attorneys'fees and costs in the event it prevails Customer agrees that Deals,strap have the same right to recover reasonable attorneys fees and crests r
Incurred In connection with the Action In the event that Dealer prevails.
f
12.Execution and Dellvary by Electronic Transmission,H this Order or arty document executed In connection with this Order Is delivered by facsimile,emal or similar
instantaneous electronic transmission device pursuant to which the signature of or on behalf of such party can be seen,such exertion and delivery shall be considered vale,b nding
and effective for all purposes as an original document Additionally,the signature of any party on this Order transmitted by way of a facsimile machine or email shall be considered for
all purposes as an original signature. Any such faxed or emailed document shall be considered to have the same binding legal effect as an original document At the reques!of
Dealer,any faxed or emailed document shall be re-execuled by Customer In on original form.
13.Waiver Seyerablllty.No waiver of any term of this Order shalt be valid unless tt Is in wiling and signed by Dealers authorized representative. If any provision or part of
any provision of this Order shall be deemed to violate any applicable law or regulation,Such invalid provision or part of a provision shall be Inapplicable BUT the remaining par!of that
provision and the remainder of the Order shall continue to be binding and enforceable.
14. No Broker;Manufacturer Incentives. if at arty bme Dealer deterrimes that the Customer intends to engage in the resale of vehicles for profit where such resale is not
In conjunction with further manufacturing,Dealer reserves the right to cancel this Order. Certain manufacturer incentives are intended to be used for retail customers at the location
as Identified by the Customer In this Order. Customer represents that they will register the vehicle with their state motor vehicle department and ere not purchasing this vehicle with
Vie Intent to ressfuexport the vehicle,except where such resale is In conjunction with further manufacturing. If at any time Dealer determines that the foregoing representations are
not true,Dealer has the right to seek repayment of any manufacturer incentives that are paid.
15.Communication Consent. Dealer and any other owner or servicer of this account may use any Information Customer gives Dealer,including but not limited to email
addresses,call phone numbers,and landline numbers,to contact Customer for purposes related to this account,including debt collection and marketing purposes In addition, 1
j Customer expressy consents to any such contact being made by the most efficient te&nology ava.lable,including but not limited to,automated dialing equipment,automated
messages,and p,erecorded messages,even H Customer is charged for the contact
Customer Initial
- - -:_ J]
RT St -1114... I—.-------- -,.... �_......_�..,...,.. ......�.-..._..
FIW
2
1
r� Rush Truck Center, Springfield ATTACHMENT C
3441 Gatlin Dr
RUC CENTERS Springfield,IL 62707 1
(217)523-5631 ��S'T�� LOCI �t v d— Retail Sales Order
r ushtru ckcenters.com
i SALES ORDER Date 0 2/1 01202 0 I
Please enter my order for the Woveng CITY OF ELGIN {
19 New D F.E.T.Applicable Cuw6w-Y Name _-_ ---l--_ .__. . }
0 Used O F.E.T.Exempt 1900 HOLMES ROAD ELGIN IL 80123
Make Irrtemstional Serks KV607 -- - street---- — ------ ay stats AP
— -- -- (847)7743841 i
Year 2021 Body Type REFERENCED BELOW
Color WHITE TfYn STANDARD FedefelTAKIDS &Mlne Phone Fax I
Nrdwes Now
Sbdc
To be delivered on or about 8"0 Cay stale rip
STATE CONTRACT#19410CMS BOSS-443-25
Feft ToID0 Bus—Prore F.
WAS USED TO PRICE THE FOLLOWING EOUIPMENT 8_9,478.00 David Mueller
1
,- By Salesman
TRUCK CHASSIS SPECT MTIONS AS LISTED IN
_ _
SALES PROPOSAL#15134 DATED 12/1712019 Truck Willberdled in Cook County.
_ LIENHOL DER INFORMATION
BODY&MOUNTED EQUIPMENT AS LISTED IN 101,148.00 Date of Lien
PETERSEN INDUSTRIES QUOTE#20200192 Lien Hotter
DATED 02/10/2020
THIS QUOTE VIA E.J.EQUIPMENT
Sales Price — - -- - 190,624.00
Factory Paid F.E.T. _ 0.00
F.E.T.Tire Credit ; 0,00 DraRThrough {
Total Factory Paid F.E.T._ 0.00 _
Optional Extended Warranties 0.00Sub-Total _ 190,624.00 UNIT*989 2009 INTL 7400 6X4 SER #1HTWOAATI9J155915
Manufacturer Rebate
Dealer'Paid F.E.T.' _ 0.00 Total Used Vehicle Allowance• 0.00 1
Local Taxes 0.00 less Total Balance Owed 0.00 !
t
License,Transfer,Title,Registration Fee 156.00 Total Net Allowance on Used Vehide(s) O.DO
Documentary Fee 164.00 Deposit or Credit Balance _ O.DO
Total Cash Delivered Price 190,946.00 Cash with Order 0.00
Total Down Payment 0.00 F___________________________ O.DO
Unpaid Cash Balance Due on Delivery 190,946.00 "Sae Trsdean details on page 4
i
A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.A DOCUMENTARY FEE IS NOT REQUIRED BY Customer, by the execution of this Order, offers t0 purchase the Product(s)
LAW,BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO described above upon the Terms and Condidons contained herein.Customer i
THE SALE A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO t
tcknowiedges that Customer has read the Terms and Conditions of this Order on
BY PARTIES.TMts NOTICE IS REQUIRED BY LAW.
Page 2 and has received a true copy of this Order and the Terms and Conditions.
The Dealer's Inventory Tax charge Is Intended to reimburse the Dealer for ad
valorem taxes on Its motor vehicle Inventory.The charge,which Is paid by the
Dealer to the county tax sasessor-coaactor,Is not a tax Imposed on a Customer by
the government and is not required to be charged by the Dealer to the Customer.
customer's Signature Date
'SUBJECT TO ADJUSTMENT-FINAL F.E,T.MAY VARY. 02-10-2020�_ ��2�2 Q
ANYF.E.T,VARIANCE RESPONSIBILITY OF DEALER OFFER RECENED BY:
SALES REPRESENTATIVE Date
i
NOTICE THE FOLLOWING ARE IMPORTANT PROVL44ONS OF THIS ORDER
1
TTNB ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE OFFER ACCEPTED BY.
i HEREOF, COMPRISES THE COMPLETE AND EXCLUSNE STATEMENT OF THE TERMS OF AUTHORIZED REPRESENTATIVE Daft -
(THE AGREEMENT BETWEEN THE PARTIES
1
i
F ANY REPRESENTATIONS,SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY
CUSTOMER THEY MUST BE IN WRRING AND SPECIFICALLY IDENTIFIED AND REFERENCED -
IN THIS ORDER;OTHERWISE,THEY WILL NOT BE BINDINO ON OR ENFORCEABLE AGAINST
DEALER.
I j
I THEREARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 1 t
1 f
RTC S-120 IL-1114
t
TM Rush Truck Center,Springfield
3441 Gatlin Dr
TRUCI CEN IIsi prin5 3tl5 IL62707 Retail Sales Order
rushcruckcenters.com
_----
1.Parties to Order,Definitions.As used in this Retail Sales Order('Order),the terms(a)*Dealer shad mean the Rush Dealer Identified at the top of the first page of this 1
:Order,(b)'Customer'shag mean the Customer Identified on the first page of this Order,(c)'Manufacturer(s) shall mean the entity or entities that manufactured the Product(s),e
1 being understood by Customer that Dealer is in no respect the agent of Manufacturer(s);and(d)'Product(s)* shall mean the new and/or used vehicle or other components,
accessories or products,which are being purchased by Customer.as set forth In this Order.
2.WARRANTY DISCLAIMERS AND LIMITATIONS
NEW PRODUCTS-MANUFACTURER WARRANTIES ONLY. Any warranties on any new Product(s)sold under this Order are limited only to any printed Manufacturers'
I warranties delivered to Customer with the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT(S)ARE SOLD WITHOUT ANY
OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EACH OF
WHICH IS EXPRESSLY DISCLAIMED.
USED PRODUCTS—NO WARRANTIES. AN used Product(s)sold under this Order are sold on an'AS IS,WHERE IS'basis,wthout any warranties by Dealer,provided that i
Products that are sold by Dealer as-Certified Pre-Owned'are subject to the express written terms and conditions of the Dealers certified preowned program.EXCEPT FOR ANY
MANUFACTURERS'WARRANTIES THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED.
} LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer in conjunction with the sale of the Product($),including 0
applicable installation,upfitting and conversion services('Services"),will be performed In a good and workmanlike manner('Services Warranty). The Services Warranty is valid for
r a period of ninety(90)days from the date the Product(s)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire tiabilty,under the Services Warranty
is the repair of any nonconforming portion of the Services. DEALER PROVIDES NO OTHER WARRANTIES.EXPRESS OR IMPLIED,CONCERNING ITS SERVICES. The
Services Warranty is strictly limited to Services performed by Dealer for Customer. Dealer does not warrant any services provided by any third-party,including but not limited to
installation,upfltbng or conversion services.Any warranties are solely those that are provided by the third-party service provider.
NO OTHER WARRANTIES. EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED,
3.Reappraisal of Trade-In Vehicle.H the motor vehicle which has been traded in('Trade-In Vehicle')as a part of the consideration for the Product(si ordered hereunder is
not to be delivered to Dealer until delivery to Customer of the Product(s),the Trade-In Vehicle shall be reappraised at that time and such reappraised value shall determine the
t allowance made for the Trade-In Vehicle.If the reappraised value is lower then the original allowance shown on the front of this Order,Customer may,If dissatisfied,cancel this
Order.
4.Delivery of Trade-In Vehicle by Customer;Customer Warranty of Title.Customer agrees to deliver to Dealer satisfactory evidence of the to the Trade-In Vehicle at the
time of delivery of the Trade-in Vehicle to Dealer.Customer warrants[he Trade-In Vehicle to be Customer's property free and dear of all liens and encumbrances.
5.Delay or Failure In Delivery;Limitation of Dealer Llabllity.Dealer shall not be liable for failure to deliver or delay In delivering any Product(s)covered by this Order where
such failure or delay Is due,in whole or In part to any cause beyond the reasonable control,or is without the gross negligence or intentional misconduct of Dealer. Examples of
causes beyond Dealers reasonable control include,but are not limited to,Manufacturers'delay or to lure to deliver Product(s)for any reason,earthquake,hurricane or other natural
disaster,fire,war,terrorist act labor dispute strike,etc.
6.Liability for Taxes.The price for the Product(s)specified on the face of this Order includes reimbursement to Dealer for federal excise taxes paid,but does not Include
-.sales or use taxes or occupational taxes based on sales volume(federal,slate or local)unless expressly so stated.Customer assumes and agrees to pay,unless prohibited by law,
any such sales or use or occupational taxes Imposed on or applicable to the transaction covered by this Order,regardless of which party may have primary tax liability thereof.
7.Customer's Deposit Any Customers deposit,whether cash or Trade-In Vehicle,shall not De rebnded except due to Dealer's failure to deliver the Product(s).
8.Risk of Loss;Insurance. Customer shat assume all risk of loss relating to the Products)at the time Customer receives possession of the Produci(s),or at the time
Customer receives tele to the Product(s)if Lige is conveyed before Customer receives possession. Customer shall obtain insurance for the Products)that will be In effect at the time
i Customer takes possession of the Product(s),or at the time Customer receives t tla to the Product(s)R bile is conveyed before the Customer receives possession. Dealer shall
have no responsibility or liability related to the Product(s)after Customer receives either possession or title to the Product(s).
8.Governing Law;Venue;Time to Commence Action.Except to the extent that the laws of the United States may apply or otherwise control this Order,the rights and
obligations of the parties hereunder shag be governed by,and construed and Interpreted in accordance with,the laws of the state In which Dealer is located,without regard to
conflict of law principles. The mandatory venue for any daim,litigation.civil act on or any other legal or administrative proceeding('Action')Involving any controversy or claim
between or among the parties to this Order,is the state in which Dealer is located. Customer has one(1)year from the accrual of any cause of actcn arising from the purchase o1
Ithe Product(s)to oDmmence an Action against Dealer.
1 10.Uniltatlon of Damages.Customer agrees that In the event of any Action Drought by Customer against Dealer,Customer shall not be entified to recover any incidental or
loonsequentiel damages as defined in the Uniform Commercial Code,including but not hmhed to indirect or special damages loss or income or anticipated profits.or down-time,or
any punitive damages
I
l 11.Fees and Expenses of Actions, In any Action,whether initiated by Dealer or Customer,where the Customer has a night,pursuant to statute,common law or otherwise.
to recover reasonable attorneys'fees and costs in the event it prevails,Customer agrees that Dealer shall have the same right to recover reasonable attorneys'fees and costs
incurred in connection with the Action in the event that Dealer prevails.
12.Execution and Delivery by Electronic Transmission.H this Order or any document executed in connection with this Order is delivered by facsimile,email or similar
Instantaneous electronic transmission device pursuant to which the signature of or on behalf of such parry can be seen,such execution and delivery shall be considered valid,
binding and effective for all purposes as an original document Additionally,the signature of any party on this Order transmitted by way of a facsimile machine or email shall be
considered for all purposes as an original signature. Any such faxed or emailed document shall be considered to have the same binding legal effect as an original document.At the
request of Dealer,any faxed or emailed document shall be re-executed by Customer In an original form.
13.Waiver;Severabllfty.No waiver of any term of this Order shall be valid unless it is in writing and signed by Dealers authorized representative. If any provision or part of
any provision of this Order shall be deemed to violate any applicable law or regulation,such invalid provision or part of a provision shall be inapplicable,BUT the remaining part of
that provision and the remainder of the Order shall continue to be binding and enforceable. i
14.No Broker,Manufacturer Incentives If at any time Dealer determines that the Customer intends to engage in the resale of vehicles for profd,where such resale is not
in conjunction with further manufacturing,Dealer reserves the right to cancel this Order. Certain manufacturer incentives are intended to be used for retail customers at the location
as identified by the Customer in this Order. Customer represents that they will register the vehicle with their state motor vehicle department and are not purchasing this vehicle with
Vie Intent to reselVexport the vehida,except where such resale Is In conjunction with further manufacturing If at any time Deader determines that the foregoing representations are
not true,Dealer has the right to seek repayment of any manufacturer incentives that are paid.
15 Communication Consent. Dealer and any other owner or servicer of this account may use any information Customer gives Dealer,including but not Imded to email
r addresses,can phone numbers,and landline numbers,to contact Customer for purposes related to this account,including debt collection and marketing purposes In addgion,
Customer expressly consents to any such contact being made by the most efficient technology ava lable,including but not limited to,automated dialing equipment,automated
E messages,and prerecorded messages even if Customer is charged for the contact.
I
Customer Initial
RTC S-120 IL-1114
2
Rush Truck Center, Springfield wwcz ATTACHMENT D
3441 Gatlin Dr
UC CENTERS! Springfield,IL 62707 Retail Sales Order
(217)523-5631
xorw.resh W clrantemcom
&LEE ORDER Data
Please enter my orderlor the fohowng CITY OF ELGIN
0 New OFMT.Apm
phcable CumoersNwno
13 Used O NET.Exempt 1900 HOLMES ROAD ELGIN IL 60123
Make INTERNATIONAL Series FIV507 6X4 Str«t CITY a" ZIP
4-3841
year 2021 Body Type REFERENCED BELOW tin n
hoft
FederalTuDt- ausNrsaPfnrr Fax
Color WHITE Trim STANDARD
III
Serial —
----- --_._. P;aCiaser's Name
Stock 0
To be delivered on or about Street City Swo zip
STATE CONTRACT*19416CMS BOSS4-B-2573'
Federal Tax D N aus'emse Ph" Fax
WAS USED TO PRICE THE CHASSIS LISTED IN DAVID MUELLER
PROPOSAL #14972 DATED 12/17/2019 1 86,741.00 iir sdasrtwn - —
SOURCEWELL CONTRACT 0 OW818 HPI Truck wm be Titled in COOK County.
WAS USED TO PRICE THE BODY/EQUIPMENT IN _ LlFMHOt.DER WFGrWAIm
HENDERSON QUOTE #133044 REV.#24 67,222.00 Date of Lien
DATED 0210x12020 Lien Holder --
SALES PRICE FOR ONE(1)COMPLETE UNIT 1t>3,9(i3.00
QUANTITY OF TWO (2) COMPLETE UNITS - --- ---- -- - _ -- —_-
Sales Price $07,926.00
Factory Paid F.E.T. 0.00 ----
F.E.T.Tire Credit 0.00
Total Factory Paid F.E.T. 0.00 Draft Through
Optional Extended Warranties _ 0.D0
Sub-Total 307,926.00
UNIT 111156 2005 INTL 7400 8X4 SER.d IHTWHAARMA55191
Dealer Paid F.E.T.' 0.00 UNITS 18 2007 IM'L 74DO 6X4 SER.IR IHTMAARVA59898
Local Taxes 0.00 Total Used Vehide Allowance• 28.000.00
License,Transfer.Title,Registration Fee 316.00 Less Total Balance Owed 0.00
Vehlde Inventory Tax 0.00 Total Net Allowance on Used Vehicle(s) 28,000.00
Dotxunentary Fee 328.00 Deposit or Credit Balance 0.00
I
Total Cash Delivered Price _ 306,570.00 Cash with Order 0.00 }
Total Down Payment 28,000.00 _— 28,000.00 I
,
Unpaid Cash Balance Due on Delivery 280,570.00 'Set Tradean details on pave 4
I
A DOCUMENTARY FEE is NOT AN OFFICIAL FEE.A DOCUMENTARYFEE IS NOT REQUIRED BY Customer, by the execution of this Order, ofhrs to purchase the Product(*)
LAW,BUT MAY BE CHARGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO described above upon the Terms and Conditions Contained hereln. Customer
THE BALE. acknowledges that Customer has read the Terms and Conditions of this Order on
Page 2 and has received a true copy of this Order and the Terms and Conditions.
i
Customer's Signature Dab
'SUBJECT TO ADJUSTMENT–FINAL F.E.T.MAY VARY
ANY FET VARIANCE RESPONSIBILITY OF DEALER �(
OFFER RECEIVED 6Y: ) G 02-04-2020
NOTICE!THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER SALES REPRESENTATIVE Date
THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSrV6 STATEMENT Of THE TERMS OF
THE AGREEMENT BETWEEN THE PARnES. OFFER ACCEPTED BY: i
AUTHORIZED REPRESENTATIVE Date
F ANY REPRESENTATIONS,SPECIFICATIONS OR OTHER AGREEMENTS ARE RELIED UPON BY
CtNTOMER.THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED
M THIS ORDER;OTHERWISE,THEY WILL NOT BE BINDING ON OR ENFORCEABLE AOAINST
DEALER
THERE ARE NO UNNIVTTEN ORAL AGREEMENTS BETWEEN THE PARTE=.
i
RTC&12DIL-IM4 Fleet 1
r, Rush Truck Center, Springfield
3441 Gatlin Dr
oVNIn
Springfield,IL 62707 Retail Sales Order
(217)523-5631
www.rrrshIrr rrkrreters.rnon TERMS AND CONDITIONS
1,Parties to Order,Definttlons.As used in this Retail Sales Order('Order'),the terms:(a)*Dealer'shall mean the Rush Dealer identified at the top of the first page of this
Order(b)-Customer'Mall mean the Customer identified on the first page of this Order,(c)'Manufacturer(s)'shall mean the entity or entities that manufactured the Product(s),it
*Ing understood by Customer that Dealer is in no respect the agent of Manufacturer(a);and(d)'Pmduct(s)' shat mean the new and/or used vehicle or other components,
Isaessodes or products,which are being purchased by Customer,as set forth in this Order.
2.WARRANTY DISCLAIMERS AND LIMITATIONS
NEIN PRODUCTS—MANUFACTURER WARRANTIES ONLY. Any warrantee on any new Products)sold under this Order are limited only to any printed Manufacturers'
Mr rranites delivered to Customer with the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT(S)ARE SOLD WITHOUT ANY
j,O'T.HER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,EACH OF
WHICH IS EXPRESSLY DISCLAIMED.
USED PRODUCTS—NO WARRANTIES. AN used Product(&)sold under this Order are add on an'AS IS,WHERE IS'basis,without any warranties by Dealer,provided that
Products that are sold by Dealer as'Ceditd Pro-Owned'aro subject to the express written tarns and conditions of the Dealers certified pre-owned program.EXCEPT FOR ANY
JMANUFACTURERS'WARRANTIES THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FfTNESS FOR A PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED.
LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer in conjunction with the safe of the Product(s),including if
applicable Installation,upfitting and conversion services('Services'),will be performed in a good and workmanlike manner('Services Warranty'). The Services Warranty Is valid for
e period of ninety(90)days from the date the Product($)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire liability,under the Services Warranty
is tie repair of any nonconforming portion of the Services. DEALER PROVIDES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,CONCERNING ITS SERVICES. The ,
Services Wsrar4 is strictly limited to Services performed by Dealer for Customer. Dealer does not warrant any services provided by any third-party,including but not hrtted to
llnstallation,upfRling or conversion services.Any warranties are solely those that are provided by the third-party service provider
i
NO OTHER WARRANTIES, EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED.
3.Reappraisal of Tradean Vehicle.If the motor vehicle which has been traded in('Trade-In Vehide�as a part of the consideration for the Product(s)ordered hereunder B not
oto be delivered to Dealer until delivery to Customer of the Product(s),the Trade-In Vehicle shall be reappraised at that time and such reappraised value shell determine the allowance
e for the Trade-In Vehicle.If the reappraised value Is lower than the original allowance shown on the front of this Order,Customer may,If dissatisfied.cancel this Order
4.Delivery of Trade-in Vehicle by Customer;Customer Warranty of Title.Customer agrees to deliver to Dealer satisfactory evidence of title to the Trade-in Vehicle at
the time of delivery of the Trade-In Vehicle to Dealer.Customer warrants the Trade-In Vehicle to be Customer's property free and dear of all liens and encumbrances.
5.Delay or Failure In Dallvery;Limitation of Dealer Llabllity.Dealer shall not be liable for failure to deliver or delay in delivering any Product(&)covered by this Order where
failure or delay ls due,in whole or in part,to any cause beyond the reasonable control or is without the gross negligence or intentional misconduct,of Dealer. Examples V
;causes beyond Dealers reasonable control Include,but are not limited to,Manufacturers'delay or failure to deliver Product(s)for any reason,earthquake,hurricane or other natural
disaster,fire,war.terrorist act,labor dispute,strike,etc,
S.Liability for Taxes.The price for the Product(s)specified on the face of this Order includes reimbursement to Dealer for federal excise taxes paid,but does not include
"es or use taxes or occupational taxes based on sales volume(federal,state or local)unless expressly so stated.Customer assumes and agrees to pay,unless prohibited by law,
lany such sales or use or occupational taxes imposed on or applirabie to the transaction covered by this Order,regardless of which parry may have primary tax liability thereof.
j 7.Customer's Deposit. Any Customers deposit,whether cash or Trade-in Venda,shall not be refunded except due to Deaiers failure to deliver the Product(&).
B.Risk of Loss;Insurance. Customer shall assume all risk of loss relating to the Product(s)at the time Customer receives possession of the Product(s),or at the time,
'Cudomer receives title to The Produd(s)if title Is conveyed before Customer receives possession. Customer shall obtain Insurance for the Product(s)that will be In effect at the
time Customer takes possession of the Product(s),or at the time Customer receives title to the Product(s)H lige Is conveyed before the Customer receives possession. Dealer
iahan have no responsibility or liability related to the Product(s)after Customer receives either possession or title to the Product(s).
I
9.Governing Law;Venus;Time to Commence Action.Except to the extent that the laws of the United States may apply or otherwise control this Order,the rights and
joiblrgatons of the parties hereunder shall be governed by,and construed and interpreted In accordance with,the laws of the stale in which Dealer Is located,without regard to conflict
id law principles. The mandatory venue for any claim,litigation,civil action or any other legal or administrative proceeding('Acton')involving any controversy or claim between or
Irrig the parties to this Order,Is the slate In which Dealer a located. Customer hes one(1)year from the accrual of any cause of action arising from the purchase of the Product(s)
leo commence an Action against Dealer.
10.Limo
ltatlon of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shell not be entitled to recover any Incidental or
Iconsequenbsl damages as damned In the Uniform Commercial Code,including but not limited to Indirector special damages,loss of Income or anticipated profits,or down-time,or
laity puNtbe damages.
11.Fees and Expenses of Actions. In any Action,whether initiated by Dealer or Customer,where the Customer has a right,pursuant to statute,common law or otherwise,
to recover reasonable attomeys'tees and costs in the event n preverls Customer agrees that Dealer shall have the Bame right to recover reasonable attorneys'fees and coats
Incurred in connection with the Action In the event that Dealer prevails.
12.Execution and Delivery by Electronic Transmission.If this Order or any document executed Ir connection with this Order is delivered by facsimile,email or similar
I instantaneous electronic transmission device pursuant to which the signature of or on behalf of such party can be seen,such execution and delivery shall be considered valid,banding
and effective for an purposes as an original document.Additionally,the signature of any party on this Order transmitted by way of a facsimile machine or small Mall be considered for
all purposes as an original signature. Any such faxed or emailed document shad be considered to have the some binding legal effect as an original document At the request of
Dealer,any faxed or emoted document shall be re-executed by Customer In an original forth.
13.Waiver;Severablllty.No waiver of any term of this Order shell be valid unless it Is in writing and signed by Dealers authorized representatrve. If any pmvision or part of
any provision of this Order shall be deemed to violate any applicable law or regulation,such Invalid provision or pen of a provision shall be inapplicable,BUT the remaining part of that
provision and the remainder of the Order shall continue to be binding and enforceable.
14. No Broker;Manufacturer Incentives. If at any time Dealer determine&that the Customer intends to engage In the resale of vehicles for profit,where such resale s not ) I
,In conjunction with further manufacturing,Dealer reserves the right to cancel thio Order. Certain manufacturer incentives are intended to be used for retail customers at the location
is Identified by the Customer In this Order. Customer represents that they will register the vehicle with their stale motor vehicle department and are not purchasing this vehicle with
�Ihe intent to reselVexpon the vehicle,except where such resale is In conjunction with further manufacturing. If at any time Dealer determines that the fcregoing representations are j
incluse,Dealer has the right to seek repayment of any manufacturer Incentives that are paid.
I 15.Communlestlon Consent Dealer and arty other owner or servicer of this account may use any intom ation Customer gives Dealer,including but not limited to email
addresses,cell phone numbers,and landline numbers,to contact Customer for purposes related to this account,including debt collection and marketing purposes. In addition,
Customer expressly consents to any such contact being made by the most effident technology available.Including but not limded to,automated dialing equipment,automated
messages,and prerecorded messages,even a Customer is cha^ged for the contact
i
Customer Initial
OC
S1201.4114
2
a0- 03 DL
Marc oZ�r aba0 �,P2�c�►a�
arQr�AnB Agenda
Bid Item: Joint Purchasing Cooperative — 2020 Fleet Purchases
($1,375,252)
• There are three separate agreements.