Special Purchase - Hoosier Fire Equipement - SCBA Fill Station

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SALES AGREEMENT THIS SALES AGREEMENT (the "Agreement") dated this 23 day of October, 2018 between the City of South Bend Fire Department, by and through its Board of Public Works (the "City") and, Hoosier Fire Equipment, Inc, ("Hoosier"), 4009 Montdale Park Drive, Valparaiso, Indiana 46383 (referred to herein individually as a "Party" and collectively as the "Parties"). In consideration of the covenants and agreements contained in this Agreement and for other good and valuable consideration agree as follows: Sale of Goods Hoosier will sell, transfer and deliver to the City the goods described in Exhibit A, attached and incorporated herein. Purchase Price Following completion of delivery, Hoosier shall invoice the City for the goods in accordance with the terms of this Agreement. The City will issue payment to Hoosier within 35 days from the date of receipt of Hoosier's invoice. Delivery of Goods The Goods will be deemed received by the City when delivered to the City at: 1222 S. Michigan Street, South Bend, IN. The method of shipment will be within the discretion of Hoosier. Hoosier bears all risk of loss or damage to the Goods until delivery of the Goods to the Delivery Location of the City. The City has the right to inspect the Goods upon delivery. Warranties Manfacturer warrants that for a period of x* See Attached (__) months from the date of delivery, all goods shall (a) be free from any defects in workmanship, material and design; (b) conform to applicable specifications, drawings, designs, samples and other requirements specified by the City: (c) be fit for their intended purpose and operate as intended; (d) be merchantable; and (f) not infringe or misappropriate any third party's patent or other intellectual property rights. These warranties are cumulative and in addition to any other warranty provided by law, equity or the goods manufacturer. If the City gives Hoosier notice of noncompliance with this Section, Hoosier shall, at its own cost and expense, promptly replace or repair the defective or nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming goods to Hoosier and the delivery of repaired or replacement Goods to the City. Indemnification Hoosier shall defend, indemnify and hold harmless City, its officers and employees (collectively, "Indemnitees") against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney fees and cost, arising out of or occurring in connection with the products purchased from Hoosier or Hoosier's negligence, willful misconduct or breach of the terms of this Agreement.