R2021-131 Resolution Authorizing the Purchase of Four Paratransit Vehicles from Midwest Transit Equipment Inc. from State Contract

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RETAIL ORDER FOR A MOTOR VEHICLE,CONTINUED MOTOR VEHICLES ADDITIONAL TERMS AND CONDITIONS 1. As used in this order the Terms(a)"Seller"shall mean the Seller to whom this order is addressed and who shall become a party hereto by its acceptance hereof,(b)"Purchaser"shall mean the party executing this order as such on the face hereof,and(c) "Manufacturer"shall mean the corporation that manufactured the vehicle or chassis,it being understood by Purchaser and Seller that Seller is in no respect the agent of Manufacturer,that Seller and Purchaser are the sole parties to this order and that reference to manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Seller and Manufacturer with respect to new motor vehicles. 2. Manufacturer has reserved the right to change the design of any new motor vehicle,chassis,accessories or parts thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle,chassis,accessories or parts thereof previously purchases by or shipped to Seller or being manufactured or sold in accordance with Seller's orders. Correspondingly,in the event of any such change by Manufacturer,Seller shall have no obligations to Purchaser to make the same or any similar change in any motor vehicle,chassis,accessories or parts thereof covered this order either before or subsequent to delivery thereof to Purchaser. 3. Seller shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this order where such failure or delay is due,in whole or in part, to any cause beyond the control or without the fault or negligence of Seller. 4. The price for the motor vehicle specified on the face of this order includes reimbursement for Federal Excise taxes,but does not include sales taxes,use taxes or occupational taxes based on sales volume,(Federal,State,or Local)unless expressly so stated. Purchaser assumes and agrees to pay,unless prohibited by law,any such sales,use or occupational taxes imposed on or applicable to the transaction covered by this order,regardless of which party may have primary tax liability therefore. 5. FACTORY WARRANTY: ANY WARRANTY ON ANY NEW VEHICLE OR USED VEHICLE STILL SUBJECT TO A MANUFACTURER'S WARRANTY IS THAT MADE BY THE MANUFACTURER ONLY. THE SELLER HEREBY DISCLAIMS ALL WARRANTIES,EITHER EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USED VEHICLE WHETHER OR NOT SUBJECT TO MANUFACTURER'S WARRANTY: UNLESS A SEPARATE WRITTEN INSTRUMENT SHOWING THE TERMS OF ANY SELLER'S WARRANTY OR SERVICE CONTRACT IS FURNISHED BY SELLER TO BUYER,THIS VEHICLE IS SOLD"AS IS-NOT EXPRESSLY WARRANTED OR GUARANTEED",AND THE SELLER HEREBY DISCLAIMS ALL WARRANTIES,EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. PURCHASER SHALL NOT BE ENTITLED TO RECOVER FROM SELLER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY,DAMAGES FOR LOSS OF USE,LOSS OF TIME,LOSS OF PROFITS,OR INCOME,OR ANY OTHER INCIDENTAL DAMAGES. 7. The purchaser,before or at the time of delivery of the motor vehicle covered by this order will execute such forms of agreement or documents as may be required by the terms and conditions of payment indicated on the front of this order. 8. The purchaser agrees to take possession of equipment and pay for them upon delivery of vehicle(s)as provided on front page within 10 days of notice that the equipment is ready for delivery. 9. "New Motor Vehicle"is defined as a vehicle that has not been previously titled and with less than 500 miles at time of delivery to purchaser. and conditions read understood and agreed to b ! Date: tall Terms g Signature ��. K�,�.►s e-[l Printed Name CITY OF DECATUR