HomeMy WebLinkAboutJarvis Equipment Purchase Agreement - 1985 04 26
,
EQUIPMENT PURCHASE AGREEMENT
THIS AGREEMENT made this 26th day of April, 1985, between the
Jarvis Corporation (hereinafter called JARVIS) and the City of Winter
Springs, Florida (hereinafter referred to as CITY), provides as follows:
For and in consideration of the mutual agreements contained
herein, JARVIS agrees to sell and CITY agrees to purchase the equipment
set forth on Schedule A attached hereto.
(1) Purchase Price: The purchase price of the equipment (taxes
exempted) is $26,798.50. Purchase Price shall be due upon
delivery and installation of the equipment by JARVIS, subject
to paragraphs (1) (2) and (3) of the Addendum attached hereto
as No.1.
(2) Risk of Loss or Damage: CITY assumes the entire risk of loss
or damage to the equipment while on CITY's premises or under
its control, whether or not covered by insurance, and no loss
shall relieve CITY of its obligations under this Agreement.
(3) Title to Equipment: CITY shall acquire title to the equipment,
including all additions thereto, upon payment in full of the
Purchase Price.
(4) Conditions for Access for Installation: CITY shall make avail-
able a place in the Premises for installation of the equipment
which meets certain environmental and other specifications
including, without limitation, those specifications set forth
on Schedule A. CITY shall also permit or arrange for access to
the Premises for JARVIS' installation and maintenance personnel
and shall provide a suitable protected area for storage of the
equipment pending its installation.
(5) Warranty and Warranty Disclaimer: JARVIS warrants the equipment
described in Schedule A against defective parts and workmanship
for a period of twelve (12) months and warrants for twelve (12)
months the merchantability and fitness for the purposes intended
for use by the CITY, including but not limited to fitness for use,
design, and condition of the equipment, and quality and capacity of
the equipment and warrants the equipment to be free from damage.
Upon notification of a defect, JARVIS shall have the option to
repair or replace the equipment and shall, for a period of twelve
(12) months from payment of the Purchase Price, perform free of
charge, all necessary maintenance to keep the equipment in good
working condition and repair, including the furnishing of all
necessary labor and materials. Any and all warranties shall be
void as to equipment damaged or rendered unserviceable by
negligence of non-JARVIS personnel, misuse, theft, vandalism,
fire, water, or other peril, lightning or other storm-related
damages, or by moving, repair, relocation, or alteration of the
equipment not authorized by JARVIS.
.
(6)
(7)
(8)
(9)
(10)
Default: If CITY or JARVIS breaches any provisions of this
Agreement, without limitations, CITY or JARVIS shall be in
default hereunder. Waiver by CITY or JARVIS of any b~each of
this Agreement by CITY will not be deemed a waiver by JARVIS
of the requirement of future compliance with the terms and
conditions of this Agreement.
Rights and Remedies: CITY and JARVIS shall have all rights
and remedies available to them under Florida law in the event
either party defaults under the terms and conditions of this
Agreement. CITY and JARVIS shall reimburse each other for all
costs and expenses, including reasonable attorneys' fees
incurred by the other in the enforcement of any right or remedy
hereunder.
Severability: In the event of invalidity of any portion of this
Agreement, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this Agreement, and
JARVIS and CITY agree to substitute for the invalid provision a
valid provision which must closely approximate the economic effect
and intent of the invalid provision.
Entire Agreement: This Agreement represents the entire agreement
between JARVIS and CITY with respect to the sale and installation
of the Equipment on CITY's premises, and cancels and supersedes
any prior agreement and negotiation between the parties. This
Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
Execution: This Agreement does not become effective until executed
by both JARVIS and CITY. Any subsequent amendment or modification
must be in writing and signed by both JARVIS and CI to be enforce-
able.
j
-'t,
I
r
-V
- \
~
Title:
Vice President
Title:
DATE:
JARVIS CORPORATION
A-\ -V<; \ ~{
CITY OF WINTER SPRINGS, FLORIDA
DATE: a ~ ~, 11rj-
I '
-2-