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HomeMy WebLinkAbout21-120 Resolution No. 21-120 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CUMMINS INC. DB/A CUMMINS SALES AND SERVICE FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT GENERATOR CONTROLLER UPGRADE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Cummins Inc., d/b/a Cummins Sales and Service, for the Leo Nelson Riverside Water Treatment Plant generator controller upgrade, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain,Mayor Presented: August 11, 2021 Adopted: August 11, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this Ilth day of August , 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Cummins Inc. dba Cummins Sales and Service, an Indiana corporation, (hereinafter referred to as "Cummins" 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 Cummins shall sell the goods and/or services described by Attachment A,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 Attachment A. 3. 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. Cummins 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 Cummins agrees that service by first class U.S. mail to Cummins, Inc., R/A Corporation Service Company, 135 N. Pennsylvania St., Suite 1610, Indianapolis, IN 46204 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. & INTEREST. Cummins 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 50511, 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. 7. 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. & COMPL.IANCE WITH L.AW.Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement,Cummins 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, Cummins hereby certifies, represents and warrants to the City that all of Cummins'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. Cummins 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 Cummins to determine Cummin's compliance with the provisions of this section. In the event the City proceeds with such an audit, Cummins shall make available to the City Cummins's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9 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. 10. CONFLICT,. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall supersede and control. 11. PAYMENT. City shall pay the total sum of$65,670.32 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. 12 DELIVERY.Cummins shall complete delivery of all goods on or before September 25,2021. 13. LIMITATION OF DAMAGES. Ip no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement.In no event shall either party be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 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 Cummins' sole expense. 15. INDEMNIFICATION. To the fullest extent permitted by law, Cummins agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all third party claims,suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any injury to persons, including death, or damage to property, to the extent caused by the negligent acts or omissions of Cummins or Cummins's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to 2 indemnify, defend and hold harmless, such action shall be defended by legal counsel of Cummins' choosing. The City shall have the option of participating in the defense at its own expense. 16 RELATIONSHIP B .TW . .N THE PARTIES. This Agreement shall not be construed so as to create a joint venture,partnership,employment or other agency relationship between the parties hereto. 17. WAIVER.Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. I& LIMITATION OF ACTIONS. Cummins shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates,officers, employees,agents,attorneys,boards and commissions of any nature whatsoever and in whatsoever forum after two(2)years from the date of this Agreement. 19 NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied,between the parties hereto regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 21. NOWAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Cummins and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended,and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or the District and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 22- NO SPECIAi. OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement.Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or the District and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. 3 IN WITNESS WHEREOF,the parties have hereto set their hands the day and year first above written. CUMMINS INC. CITY GIN D. Healy Print Name Richard G. Zozal, Ci anager z � ���� Attest: Signature FSPG Sry Mgr ity Clerk Title FALegal Dept\Agreement\Cummins Inc-Purchase Agr Generator Controllers 6-8-21.docx 4 ATTACHMENT A TERMS AND CONDITIONS 1. CUSTOMER OBLIGATIONS. If necessary,Customer shall provide Cummins safe and free access to Customer's site and arrange for all related services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants,customers, invitees,or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment. 2. DELIVERY;TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be delivered FOB Origin,freight prepaid to the final destination. If agreed,any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate.All shipments are made within normal business hours,Monday through Friday.Unless otherwise agreed in writing by the parties,title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to the final destination or to Customer at pickup at Cummins'facility. 3. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation,or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins'control,including but not limited to acts of God,accidents,fire,explosions,flood,unusual weather conditions,acts of government authority,or labor disputes. 4. LIMITED WARRANTIES. a. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers'warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. b. Cummins Exchange Components,Other Exchange Components,and Recon:Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers'exchange components or Recon Components which are sold by Cummins. In the event of defects in such items,only manufacturers'warranties will apply. c. HHP Exchange Engine:HHP Exchange Engines remanufactured by Cummins underthis Agreement are governed by the express Cummins' written warranty.No other warranty for HHP exchange Engines supplied under this Agreement is provided under thisAgreement. d. General Service Work:All Services shall be free from defects in workmanship(i)for power generation equipment(including engines in such equipment),for a period of ninety(90)days after completion of Services or 500 hours of operation,whichever occurs first;or(ii)for engines,for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement("Warrantable Defect"),Cummins'obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period;(ii)Cummins receives written notice of the Warrantable Defect within thirty(30)days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. e. Used Goods:Used Goods are sold"as is,where is"unless exception is made in writing between Cummins and Customer.Customer agrees to inspect all used Goods before completing the purchase. f. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS,WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. 5. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 6. CANCELLATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request,in addition to the actual, non-recoverable costs incurred by Cummins. 7. REFUNDS/CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins. Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice.Credits for returns will be subject to up to a 15%handling/restocking charge and are limited to eligible items purchased from Cummins. 8. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins'property.Customer agrees to assign,and does hereby assign,all right,title,and interest to such intellectual property to Cummins.Any Cummins pre-existing intellectual property shall remain Cummins'property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 9. CONFIDENTIALITY. Notwithstanding anything to the contrary herein,the City's good faith compliance with the provisions of the Illinois Freedom of Information Act(5 ILCS 14011,et seq.)shall not be construed as,and shall not constitute a breach of this Agreement. Payment terms are 30 days from invoice date unless otherwise Sales and agreed upon in writing.Remit to: Cummins Sales and Service Service NW 7686 PO Box 1450 Minneapolis, MN 55485-7686 CHICAGO IL BRANCH INVOICE NO 7145 SANTA FE DRIVE HODGKINS, IL 60525- ESTIMATE (708)579-9222 TO PAY ONLINE LOGON TO cu stomerpayment.cu mm ins.com BILL TO OWNER CITY OF ELGIN SLADE AVE FACILITIES ACCOUNTS PAYABLE 2 N SLADE AVE PAGE 1 OF 3 150 DEXTER CT ELGIN, IL 60120-5555 •* CHARGE"* ELGIN, IL 60120-5555 EDDIE RAMOS-224 2394286 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 25-MAY-2021 23-JAN-2007 1250DFLC-5740838AN ONAN CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 27725 08-MAR-2021 L050867678 GENSET REF.NO. SALESPERSON PARTS DISP. MILEAGEJHOURS PUMP CODE UNIT NO. 341188 2 SLADE AVE BACK QUANTITY PART DESCRIPTION PRODUCT UNIT PRICE AMOUNT OD OSNIMSNIVIN L050867678 COMPLAINT THIS IS AN ESTIMATE TO UPGRADE YOUR GENERATOR CONTROL(3)UNITS IN TOTAL. UNIT I UNIT 2 SLADE UNIT CAUSE CUSTOMER REQUESTED CORRECTION CUMMINS WILL PROVIDE 2 TECHS FOR 3-5 DAYS ON SITE WITH THE COMPONENTS NEEDED TO PERFORM THE CONTROL UPGRADE. THIS UPGRADE WILL INCLUDE A NEW ENGINE HARNESS,NEW OIL PRESSURE AND TEMP SENSOR,ALONG WITH NEW COOLANT TEMPERATURE AND LEVEL SENSORS AS WELL AS THE CONTROL ITSELF. COVERAGE j CUSTOMER 3 0 A059J423 KIT,ENG CNTRL 28-38-50 Cl-NPOWER 5,831.00 17,493.00 3 0 A035C783 DOOR,CONTROL ONAN 122.10 366.30 3 0 A058GO65 KIT,HARNESS ONAN 128.25 384.75 30 0 709BK22 RELAY SOCKETS CI-NSPART1 18.42 552.60 3 0 6741K72 LABEL C1-NSPARTI 5.21 15.63 30 0 7098K14 TERMINAL RELAY C1-NSPART1 20.06 601.80 6 0 3259T117 STRUT CHANNEL NUT Cl-NSPARTI 23.08 138.48 3 0 331OT513 STRUT CHANNEL IOFT CI-NSPARTI 47.03 141.09 3 0 9874T23 TOOL WIRE Cl-NSPART2 116.90 350.70 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT,INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. AUTHORIZED BY(print name) SIGNATURE DATE Completion date:25-Aug-2021 11:05AM. Estimate expires:25-Sep-2021 11:06AM. Billing Inquiries?Call(877)480-6970 or email CBSNPower.Receivables@cummins.com THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. AUTHORIZED BY(print name) SIGNATURE DATE Payment terms are 30 days from invoice date unless otherwise Sales and agreed upon in writing.Remit to: Cummins Sales and Service Service NW 7686 PO Box 1450 Minneapolis,MN 55485-7686 CHICAGO IL BRANCH 7145 SANTA FE DRIVE • • HODGKINS, IL 60525- (708)579-9222 ESTIMATE TO PAY ONLINE LOGON TO customerpayment.cummins.com BILL TO OWNER CITY OF ELGIN SLADE AVE FACILITIES ACCOUNTS PAYABLE 2 N SLADE AVE PAGE 2 OF 3 150 DEXTER CT ELGIN, IL 60120-5555 •..CHARGE— ELGIN, IL 60120-5555 EDDIE RAMOS -224 2394286 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 25-MAY-2021 23-JAN-2007 1250DFLC-5740838/W ONAN CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 27725 08-MAR-2021 L050867678 GENSET REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 341188 2 SLADE AVE QUANTITY BACK QUANTITY PART PRODUCT ORD E RED ORDERE SHI P PED NUMBER DESCRIPTION CODE UNIT PRICE AMOUNT OSNIMSNIVIN L050867678 3 0 3691T14 TERMINAL BLOCK Cl-NSPART2 128.09 384.27 1 0 FREIGHT FREIGHT CHRGS FS PG Cl-FREIGHT 100.00 100.00 1 0 MOUNTING FABRICATION ITEMS Cl-NSPART4 691.60 691.60 HARDWARE PARTS: 21,220.22 PARTS COVERAGE CREDIT: 0.000R TOTAL PARTS: 21,220.22 SURCHARGE TOTAL: 0.00 LABOR: 31,880.10 LABOR COVERAGE CREDIT: O.00CR TOTAL LABOR: 31,880.10 TRAVEL: 11,220.00 TRAVEL COVERAGE CREDIT: 0.000R TOTAL TRAVEL: 11,220.00 MISC.: 1,350.00 MISC.COVERAGE CREDIT: O.00CR TOTAL MISC.: 1,350.00 ELECTRONIC TOOLING FEE 50.00 HAZ WASTE DISPOSAL 100.00 SHOP SUPPLIES 150.00 TECH TRAVEL CHARGES 1,050.00 TAX EXEMPT NUMBERS: AS A RESULT OF THE THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. AUTHORIZED BY(print name) SIGNATURE DATE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS,TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS LOCAL 0.00 OR SUBCONTRACTORS MAY OCCUR.AMONG Completion date:25-Aug-2021 11:05AM. Estimate expires:25-Sep-2021 11:06AM. Billing Inquiries?Call(877)480-6970 or email CBSNPower.Receivables@cummins.com THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT,INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD. AUTHORIZED BY(print name) SIGNATURE DATE Payment terms are 30 days from invoice date unless otherwise Sales and agreed upon in writing.Remit to: Cummins Sales and Service Service NW 7686 PO Box 1450 Minneapolis,MN 55485-7686 CHICAGO IL BRANCH 7145 SANTA FE DRIVE • • HODGKINS, IL 60525- (708)579-9222 ESTIMATE TO PAY ONLINE LOGON TO c u sto m e rp ay m e n t.c u m m i n s.co m BILL TO OWNER CITY OF ELGIN SLADE AVE FACILITIES ACCOUNTS PAYABLE 2 N SLADE AVE PAGE 3 OF 3 150 DEXTER CT ELGIN, IL 60120-5555 ***CHARGE*** ELGIN, IL 60120-5555 EDDIE RAMOS -224 2394286 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 25-MAY-2021 23-JAN-2007 1250DFLC-5740838/W ONAN CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 27725 08-MAR-2021 L050867678 GENSET REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 341188 2 SLADE AVE QUANTITY BACK QUAPIT TY PART PRODUCT DESCRIPTIONUNIT PRICE AMOUNT OSN/MSN/VIN L050867678 OTHER FACTORS,CUMMINS DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS,AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE.WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY,SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN,SUCH DATES ARE SUBJECT TO CHANGE. THERE ARE CONTRACT gC,�ou1mpletion date:25-Aug-22(0L21 111:05AM. Estimate expires:25-Sep-2021 11:06AM. ADDITIONA TERMS ON BtN Ng��p%'eVjL7Y�%-Wg_ 8rBail CBSNPower.Receivables@cummins.com L TOTAL AMOUNT:US$ 65,670.32 AUTHORIZED BY(print name) SIGNATURE DATE REVERSE SIDE OF THIS DOCUMENT,INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE SUB TOTAL: 65,670.32 TOTAL TAX: 0.00 BEEN READ AND FULLY UNDERSTOOD. TOTAL AMOUNT: US$ 65,670.32 AUTHORIZED BY(print name) SIGNATURE DATE