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HomeMy WebLinkAbout21-0609 Rush Truck Centers June 9, 2021 Agenda Bid Item: #5 —Joint Purchasing Cooperative-2021 Fleet Purchases ($578,882) Rush Truck Centers of Illinois, Inc. i i PURCHASE AGREEMENT This Agreement is hereby made and entered into this 9th day of June 2021 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, and State of Illinois Contract #19-416CMS-BOSS4- P-8607 ("ILL"). 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, or ILL or any portion thereof, the terms and provisions of this purchase agreement shall supersede and 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 Truck 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 $79,838 pursuant to Attachment A, $174,121 pursuant to Attachment B, $191,003 pursuant to Attachment C and $133,920 pursuant to Attachment D for a total net sum of$578,882 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 November 30, 2021. 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 costs shall be at RUSH'S sole expense. [SIGNATURE PAGE TO FOLLOW] 2 RUSH TRUCK CENTER, SPRINGFIELD CIT ELGIN Garrett Dobbs Print Name kichard G. Kozal City Manager Signal e Atte Regional General Manager City Clerk Title FEIN NO. 46-3230887 F:.Legal DeptWgreement Purchase Agreement-Rush Truck Center-5-2-21 docx 3 =7TRUCK7CENTERS r Rush Truck Center, Springfield3441 Gatlin DrATTACHMENT A Springfield,IL 62707 Retail Sales Order (217)523-5631 rushtruckcenters.com SALES ORDER Date 02/25/2021 Please enter my order for the following: CITY OF ELGIN El New El F.E.T.Applicable Customer's Name ❑used ❑F.E.T.Exempt 1900 HOLMES ROAD ELGIN IL 60123 Make International Series HV507 Street City State Zip Year 2022 Body Type REFERENCED BELOW (847)774-3841 Federal Tax ID# Business Phone Fax Color WHITE Trim STANDARD Serial# Purchaser's Name Stock# To be delivered on or about Street City State Zip STATE CONTRACT#19416CMS BOSS-4-P-8607 Federal Tax ID# Business Phone Fax WAS USED TO PRICE THE FOLLOWING EQUIPMENT David Mueller By Salesman TRUCK CHASSIS SPECIFICATIONS AS LISTED IN SALES PROPOSAL#15608 DATED 02/25/2021 Truck Will be Titled in Cook County. LIENHOLDER INFORMATION BODY&MOUNTED EQUIPMENT AS LISTED IN Date of Lien BONNELL INDUSTRIES QUOTE#0147690 Lien Holder DATED 01/22/2021 Sales Price 114,516.00 Factory Paid F.E.T. 0.00 F.E.T.Tire Credit 0.00 Draft Through Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 114,516.00 UNIT#989 INTERNATIONAL 7400 SBA 6X4 2009 1 HTWGAAT19J 155915 Dealer Paid F.E.T.' 0.00 Total Used Vehicle Allowance" 35,000.00 Local Taxes 0.00 Less Total Balance Owed 0.00 License,Transfer,Title, Registration Fee 158.00 Total Net Allowance on Used Vehicle(s) 35,000.00 Documentary Fee 164.00 Deposit or Credit Balance 0.00 Total Cash Delivered Price 114,838.00 Cash with Order 0.00 Total Down Payment 35,000.00 <----------------------------- 35,000.00 Unpaid Cash Balance Due on Delivery 79,838.00 `See Trade-in details on page 4 A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.A DOCUMENTARY FEE IS NOT 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 contained herein.Customer THE SALE.A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY PARTIES.THIS NOTICE IS REQUIRED BY LAW. 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. 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 assessor-collector,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. ANY F.E.T.VARIANCE RESPONSIBILITY OF DEALER OFFER RECEIVED BY: ' -'C L 02-25-2021 SALES REPRESENTATIVE Date OFFER ACCEPTED BY: AUTHORIZED REPRESENTATIVE Date RTC S-120IL-1/14 1 A Rush Truck Center, Springfield 3441 Gatlin Dr TRUCK CENTERS Springfield,IL 62707 Retail Sales Order (217)523-5631 rushtruckcenters.com 1.Parties to Order;Definitions.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"shall 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 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' 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. All used Product(s)sold under this Order are sold on an"AS IS,WHERE IS"basis,without any warranties 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 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, 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,upfitting 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(90)days from the date the Product(s)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire liability,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-parry,including but not limited to installation,upfitting or conversion services.Any warranties are solely those that are provided by the third-party service provider. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED. 3.Reappraisal of Trade-In Vehicle.If the motor vehicle which has been traded in("Trade-In Vehicle")as a part of the consideration for the Product(s)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 allowance made 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 Gear of all liens and encumbrances. 5.Delay or Failure 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 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 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(&)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,state 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 Customer's deposit,whether cash or Trade-In Vehicle,shall not be refunded except due to Dealer's failure to deliver the Product(s). 8.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shall not be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code,including but not limited to indirect or special damages,loss of income or anticipated profits,or down-time,or any punitive damages. 9.No Broker;Manufacturer Incentives. If at any time Dealer determines 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 are not purchasing this vehicle with the intent to resell/export 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. Customer Initial RTC S-1201L-1/14 2 TM Rush Truck Center, Springfield Attachment B 3441 Gatlin Dr TRUCK CENTERS Springfield,IL 62707 Retail Sales Order (217)523-5631 rushtruckcenters.com SALES ORDER Date 02/25/2021 Please enter my order for the following: CITY OF ELGIN En New Ell F.E.T.Applicable Customer's Name ❑Used ❑F.E.T.Exempt 1900 HOLMES ROAD ELGIN IL 60123 Make Intemational Series HV507 Street City State Zip Year 2022 Body Type REFERENCED BELOW (847)774-3841 Color WHITE Trim STANDARD Federal Tax ID# Business Phone Fax Serial# Purchaser's Name Stock# To be delivered on or about Street City state Zip STATE CONTRACT#19416CMS BOSS-4-P-8607 Federal Tax ID# Business Phone Fax WAS USED TO PRICE THE FOLLOWING EQUIPMENT David Mueller By Salesman TRUCK CHASSIS SPECIFICATIONS AS LISTED IN SALES PROPOSAL#15602 DATED 02/25/2021 Truck Will be Titled in Cook County. LIENHOLDER INFORMATION BODY&MOUNTED EQUIPMENT AS LISTED IN Date of Lien HENDERSON PRODUCTS QUOTE#144035-66 Lien Holder DATED 02/02/2021 Sales Price 177,799.00 Factory Paid F.E.T. 0.00 F.E.T.Tire Credit 0.00 Draft Through Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 177,799.00 UNIT#22 INTERNATIONAL 4900 4X2 1997 1HTSDAAN3VH432039 Dealer Paid F.E.T.' 0.00 Total Used Vehicle Allowance" 4,000.00 Local Taxes 0.00 Less Total Balance Owed 0.00 License,Transfer,Title, Registration Fee 158.00 Total Net Allowance on Used Vehicle(s) 4,000.00 Documentary Fee 164.00 Deposit or Credit Balance 0.00 Total Cash Delivered Price 178,121.00 Cash with Order 0.00 Total Down Payment 4,000.00 <----------------------------- 4,000.00 Unpaid Cash Balance Due on Delivery 174,121.00 'See Trade-in details on page 4 A DOCUMENTARY FEE IS NOTAN 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 Conditions contained herein.Customer THE SALE.A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO acknowledges that Customer has read the Terms and Conditions Of this Order On BY PARTIES.THIS 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 assessor-collector,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. \) ANY F.E.T.VARIANCE RESPONSIBILITY OF DEALER OFFER RECEIVED BY: "fJ 02-25-2021 SALES REPRESENTATIVE Date OFFER ACCEPTED BY: AUTHORIZED REPRESENTATIVE Date RTC S-120IL-1/14 1 I rM Rush Truck Center, Springfield Attachment C .r ` 3441 Gatlin Dr TRUCK CENTERS Springfield,IL62707 Retail Sales Order (217)523-5631 rushtruckcenters.com *ALES ORDER Date 02/25/2021 Please enter my order for the following: CITY OF ELGIN LI New En F.E.T.Applicable Customer's Name ❑Used ❑F.E.T.Exempt 1900 HOLMES ROAD ELGIN IL 60123 Make International Series HV607 Street City State Zip Year 2022 Body Type REFERENCED BELOW ____ (847)774-3841 Color white Trim STANDARD Federal Tax ID# Business Phone Fax Serial# Purchaser's Name Stock# To be delivered on or about Street City State Zip STATE CONTRACT#19416CMS BOSS-4-P-8607 Federal Tax ID# Business Phone Fax WAS USED TO PRICE THE FOLLOWING EQUIPMENT David Mueller By Salesman TRUCK CHASSIS SPECIFICATIONS AS LISTED IN SALES PROPOSAL#15658 DATED 02/25/2021 Truck Will be Titled in Cook County. LIENHOLDER INFORMATION BODY&MOUNTED EQUIPMENT AS LISTED IN Date of Lien HENDERSON PRODUCTS QUOTE#144660-24 Lien Holder DATED 02/04/2021 Sales Price 196,681.00 Factory Paid F.E.T. 0.00 F.E.T.Tire Credit 0.00 Draft Through Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 196,681.00 UNIT#145 INTERNATIONAL 4900 4X2 2002 1HTSDAAN02H411404 Dealer Paid F.E.T.* 0.00 Total Used Vehicle Allowance' 6,000.00 Local Taxes 0.00 Less Total Balance Owed 0.00 License,Transfer,Title, Registration Fee 158.00 Total Net Allowance on Used Vehicle(s) 6,000.00 Documentary Fee 164.00 Deposit or Credit Balance 0.00 Total Cash Delivered Price 197,003,00 Cash with Order 0.00 Total Down Payment 6,000.00 <----------------------------- 6,000.00 Unpaid Cash Balance Due on Delivery 191,003.00 *See Trade-in details on page 4 ADOCUMENTARY FEE IS NOTAN OFFICIAL FEE.ADOCUMENTARY FEE IS NOT 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 contained herein.Customer THE SALE.A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY PARTIES.THIS NOTICE IS REQUIRED BY LAW. acknowledges that Customer has read the Terms and Conditions of this Order on Page 2 and has received a true copy of this Orderand 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 assessor-collector,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. / ANY F.E.T.VARIANCE RESPONSIBILITY OF DEALER OFFER RECEIVED BY: 02-25-202.I 1 SALES REPRESENTATIVE Date OFFER ACCEPTED BY: AUTHORIZED REPRESENTATIVE Date RTC S-1201L-1/14 1 Rush Truck Center, Springfield 3441 Gatlin Dr Springfield,IL62707 Retail Sales Order mim (217)523-5631 rushtruckcenters.com 1.Parties to Order;Definitions.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"shall 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 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' 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. All used Product(s)sold under this Order are sold on an"AS IS,WHERE IS"basis,without any warranties 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 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. 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,upfitting 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(90)days from the date the Product(s)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire liability,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,upfitting 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.If the motor vehicle which has been traded in("Trade-In Vehicle")as a part of the consideration for the Product(s)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 allowance made 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 clear of all liens and encumbrances. 5.Delay or Failure 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 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 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,state 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 Customer's deposit,whether cash or Trade-In Vehicle,shall not be refunded except due to Dealer's failure to deliver the Product(s). 8.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shall not be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code,including but not limited to indirect or special damages,loss of income or anticipated profits,or down-time,or any punitive damages. 9.No Broker;Manufacturer Incentives. If at any time Dealer determines 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 are not purchasing this vehicle with the intent to resell/export 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. Customer Initial RTC S-1201L-1/14 2 Rush Truck Center, Springfield 3441 Gatlin Dr TRUCK CENTERS Springfield,IL62707 Retail Sales Order (217)523-5631 rushtruckcenters,com 1.Parties to Order;Definitions.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"shall 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 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' 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. All used Product(s)sold under this Order are sold on an"AS IS,WHERE IS"basis,without any warranties 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 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. 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,upfitting 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(90)days from the date the Product(s)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire liability,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,upfitting 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.If the motor vehicle which has been traded in("Trade-In Vehicle")as a part of the consideration for the Product(s)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 allowance made 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 clear of all liens and encumbrances. 5.Delay or Failure 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 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 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,state 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 Customer's deposit,whether cash or Trade-In Vehicle,shall not be refunded except due to Dealer's failure to deliver the Product(s). 8.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shall not be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code,including but not limited to indirect or special damages,loss of income or anticipated profits,or down-time,or any punitive damages. 9.No Broker;Manufacturer Incentives. If at any time Dealer determines 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 are not purchasing this vehicle with the intent to resell/export 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. Customer Initial RTC S3-1201L-1/14 2 It I Rush Truck Center, Springfield Attachment D 3441 Gatlin Dr TRUCK CENTERS Springfield,IL 62707 Retail Sales Order (217)523-5631 rushtruckcenters,com SALES ORDER Date 02/25/2021 Please enter my order for the following: CITY OF ELGIN El New El F.E.T.Applicable Customer's Name ❑Used ❑F.E.T.Exempt 1900 HOLMES ROAD ELGIN IL 60123 Make International Series HV507 Street City State Zip Year 2022 Body Type REFERENCED BELOW — (847)774-3841 Federal Tax ID# Business Phone Fax Color WHITE Trim STANDARD Serial# --- Purchaser's Name Stock# To be delivered on or about Street City State Zip STATE CONTRACT#19416CMS BOSS-4-P-8607 Federal Tax ID# Business Phone Fax WAS USED TO PRICE THE FOLLOWING EQUIPMENT David Mueller By Salesman TRUCK CHASSIS SPECIFICATIONS AS LISTED IN SALES PROPOSAL#15601 DATED 02/25/2021 Truck Will be Titled in Cook County. LIENHOLDER INFORMATION BODY&MOUNTED EQUIPMENT AS LISTED IN Date of Lien HENDERSON PRODUCTS QUOTE#144031-52 Lien Holder DATED 02/04/2021 Sales Price 152,598.00 Factory Paid F.E.T. 0.00 F.E.T.Tire Credit 0.00 DraftThrough Total Factory Paid F.E.T. 0.00 Optional Extended Warranties 0.00 Sub-Total 152,598.00 UNIT#155 INTERNATIONAL 7400 SFA 6X4 2006 1 HTW HAAR36J223192 Dealer Paid F.E.T. * 0.00 Total Used Vehicle Allowance* 19,000.00 Local Taxes 0.00 Less Total Balance Owed 0.00 License,Transfer,Title, Registration Fee 158.00 Total Net Allowance on Used Vehicle(s) 19,000.00 Documentary Fee 164.00 Deposit or Credit Balance 0.00 Total Cash Delivered Price 152,920.00 Cash with Order 0.00 Total Down Payment 19,000.00 <----------------------------- 19,000.00 Unpaid Cash Balance Due on Delivery 133,920.00 `See Trade-in details on page 4 A DOCUMENTARY FEE IS NOTAN OFFICIAL FEE.A DOCUMENTARY FEE IS NOT 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 contained herein.Customer THE SALE.A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY PARTIES.THIS NOTICE IS REQUIRED BY LAW. acknowledges that Customer has read the Terms and Conditions of this Order On Page 2 and has received a true copy of this Orderand 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 assessor-collector,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. ANY F.E.T.VARIANCE RESPONSIBILITY OF DEALER OFFER RECEIVED BY: 02-25-2021 SALES REPRESENTATIVE Date OFFER ACCEPTED BY: AUTHORIZED REPRESENTATIVE Date RTC S-1201E-1/14 1 " Rush Truck Center, Springfield 3441 Gatlin Dr TRUCK CENTERS Springfield,IL 62707 Retail Sales Order (217)523-5631 rushtruckcenters.com 1.Parties to Order;Definitions.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"shall 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 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' 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. All used Product(s)sold under this Order are sold on an"AS IS,WHERE IS"basis,without any warranties 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 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. 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,upfitting 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(90)days from the date the Product(s)is delivered to Customer. Customer's sole and exclusive remedy,and Dealer's entire liability,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,upfitting 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.If the motor vehicle which has been traded in("Trade-In Vehicle")as a part of the consideration for the Product(s)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 allowance made 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 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 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 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,state 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 Customer's deposit,whether cash or Trade-In Vehicle,shall not be refunded except due to Dealer's failure to deliver the Product(s). 8.Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer,Customer shall not be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code,including but not limited to indirect or special damages,loss of income or anticipated profits,or down-time,or any punitive damages. 9.No Broker;Manufacturer Incentives. If at any time Dealer determines 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 are not purchasing this vehicle with the intent to resell/export 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. Customer Inftial RTC S-1201L-1/14 2