HomeMy WebLinkAboutApproving the Purchase of a Caterpillar Diesel Auto Patrol by the Board of Public WorksORDINANCE No. 3 \ S e
Passed by the Common Council of the City of South Bend, Indiana
Clerk
A
of Common Council
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
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Clerk
ORDINANCE NO. 3, 1
AN ORDINANCE APPROVING THE PURCHASE OF A,C,ATERPILLAR DIESEL
AUTO PATROL BY THE BOARD OF PUBLIC "WORKS OF THE
CITY OF SOUTH BEND IN THE SUM OF THIRTY
SEVEN HUNDRED AND EIGHT DOLLARS.
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION I- That this Council approve the action of the
Board of Public Works as of April 3, 1936 in signing a
purchase order for:
"One Model No. 10 Caterpillar Diesel Auto
Patrol with a V type Scarifier, Muffler,
Auxilliary Wheel Brakes, Electric Light-
ing Equipment, fenders and bumper and
canopy top and dual wheels. 40 x 8
rear duals and 32 x 6 front tires.
Fuel pumps, injectors and oil filters
are warranted for 1 year from date of
delivery."
In accordance with the following terms and conditions, to -wit:
"for which the undersigned agrees to pay
f.o.b. South Bend, Indiana, U. S. A.
Thirty seven hundred and eight Dollars,
($3708.00) in lawful money of the
United States, of which amount the under-
signed hands you herewith$ , and the
undersigned hereby agrees bo pay the bal-
ance of said purchase price upon the fol-
lowing terms: Full payment of $3708.00
on or before 60 days after delivery.
Subject to confirmation of the City Council.
This order is made subject to the following
terms and conditions:
1. The seller reserves the right to accept or
reject this order and shall not be required to
give any reason for non - acceptance.
2. This order when accepted by seller shall
become a binding contract but shall be subject to
strikes, lockouts, accidents, fire, ddlays in
manufacture or transportation, acts of God, em-
bargoes, or Governmental action or any other
causes beyond the control of the seller whether
the same as, or different from, the matters and
things hereinbefore specifically enumerated and
any of said causes shall absolutely absolve the
seller from any liability to the purchaser under
terms hereof.
3. Title to and right of possession ofsaid
machine shall remain vested in the seller until
all indebtedness and all sums due or to becoi4e
due from the purchaser, whether evidenced by note,
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book account, judgement, or otherwise, shall have
been fully paid, at which time ownership shall pass
to the purchaser.
4. The seller's responsibility for shipments
ceases upon delivery to transportation company,
and any claims for shortages, delays or damages
occurring thereafter shall be made by the purchaser
direct to the transportation company. Any claims
against the'seller for shortages in shipments shall
be made within fifteen days after receipt of shipment.
5. The seller shall not be held liable or
responsible for any damages, whether on account of
personal injuries, or otherwise, suffered or su, %ained
in the operation of said machine, nor for any implied
warranties, nor for any damaged resulting to the
purchaser by reason of any delays or any alleged
failure of said machine to operate, and the liability
of said seller shall be limited to the following:
W A R R A N T Y
Machines and Equipment, and Parts manufactured
by Caterpillar Tractor Co. are sold by the seller
subject to the following warranty:
"Caterpillar Tractor Co. warrants all "Catipillar"
Tractors, Holt Combined Harvesters and Russell Road
Machinery sold by the manufacturer, together with
equipment and parts manufactured by the manufacturer
for six months after the date of shipment, this
warranty being limited to the replacing at either its
Peoria, Illinois, or San Leandro, California, Factory
upon inspection at etther factory of such parts as
shall appear to the manufacturer to have been
defective in material or workmanship. The manufactur-
er's warranty does not obligate it to bear the cost
of labor in replacement of defective parts. No
warranty is made or authorized to be made by the
manufacturer other than that herein set forth.
The manufacturer makes no warranty in respect to
trade accessories, such being subject to the warranty
of their respective manufacturers."
6. The purchaser agrees that this order shall
not be countermanded by him, and that when it is
accepted (and until the execution and delivery of
Phd contract or contracts and note or notes required
to consummate the sale as above specified) it will
cover all agreements between the parties relative
to this transaction, and that the seller is not
bound by any representations or terms made by any
agent relative to this transaction which are not
embodied herein.
7. When the machines necessary to fill this order
have been appropriated to this contract, the under-
signed agrees on demand to execute and deliver to
the seller the notes and contracts required by the
seller to evidence the transaction.
Frederick J. Anderson, sis•ned
Fred Woodward, signed
Edwin W. Hunter, signed
Accepted at Fort Wayne, Indiana
on April 3, 1936
Cockrell Tractor Co.
By L. W. Cockrell, signed.
SECTION II- That the action of the said Board of Public Works
In entering into said agreement be made the action of this
body and that they accept the terms and conditions subject to
warranties of said contract as set forth.
SECTION III- That this Ordinance shall be in full force and
effect from and after its passage and signature by the Mayor.
OF THE CITY OF SOUTH BEND.
W& 2nd READING
A - \ 3 " 3ti
COMMITTEE OF THE WHOLE [/_ 1 o _ 3�
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED