Ratify the purchase of new fuel card readers and software from Mascott Equipment BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-298
RATIFYING THE PURCHASE OF NEW FUEL CARD
READERS AND SOFTWARE FROM MASCOTT
EQUIPMENT AND AUTHORIZING SIGNATURE
THEREON
WHEREAS, in accordance with RCW 39.34, Lewis County has entered into a
Master Contract Usage Agreement with Sourcewell that allows purchasing a
variety of products and services at a significantly lower rate; and
WHEREAS, the Fleet Services Division of the Lewis County Public Works
Department has determined that the county fuel system card readers and
software are in need of replacement; and
WHEREAS, the fuel card readers and software were scheduled, budgeted and
approved for purchase in 2021; and
WHEREAS, the Lewis County Public Works Director has had the opportunity to
review the agreement reached with Mascott Equipment for the purchase of six
new fuel card readers and software in the amount of $123,896.96 which will be
purchased with ER&R funds, and he recommends ratification.
NOW THEREFORE BE IT RESOLVED that the purchase of six new fuel card
readers and software for a total amount of $123,896.96 from Mascott Equipment
is hereby ratified by the Board of County Commissioners.
DONE IN OPEN SESSION this 10th day of August, 2021.
Page 1 of 2 Res. 21-298
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: k;sy. Lindsey R. Pollock, DVM
Q"P fr Y
se R. Pollock, DVM, Vice Chair
•4' '845 =w�;
•�t' � YCON�-DLO:
Rieva Lester •:SHJ�,cTo>s ,. Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-298
C' H ascott okane WA Anchorage REPRINT
Portland,OR Seattle,WA Pasco,WA Sp ,AK QUOTE
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067448
Date . 08/04/2021
Since 1960 www.mascottec.com Page'. 1
Ship-to: .148 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
148 BIG HANFORD RD 360 NW NORTH ST
CHEHALIS,WA 98531 CHEHALIS,WA 98532
lir
Reference# °} Slsp Terms Whse Freight R Ship Via
N CENTRALIA SITE E NET 10TH 01 BILLED SEE NOTES
im
Quoted By: JSH 7' Quoted T TIM MURPHY Effective:1 07/02/2021 ! Expire 07/15/2021
Il
Item Description Ordered UM Price UM Extension
OPVPV-ENT-DX PETROVEND ENTERPRISE DX SYS, 1 EA 6151.73 EA 6151.73
INCLUDES 1 PV200 TERMINAL,
INTERNAL OR EXTERNAL SITE
CONTROLLER,DX FLEET 1 YR
SUBSCRIPTION,2000 TRANSACTION
MEMORY AND UP TO 16,000USERS
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-4404-09 2 HOSE PUMP CONTROL MODULE 1 EA 846.45 EA 846.45
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 2 EA 641.25 EA 1282.50
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE 1 EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 450.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
Credit card payments are subject to 3% service fee. r-
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
QUOTE
L"• REPRINT
a scott
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067448
Date 08/04/2021
Since 1960 WWW.IIIascottec.COffi
Page 2
2
Ship-to: .148 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
148 BIG HANFORD RD 360 NW NORTH ST
CHEHALIS,WA 98531 CHEHALIS,WA 98532
Reference# Slsp Terms Whse Freight Ship Via
N CENTRALIA SITE E NET 10TH 01 BILLED SEE NOTES
Quoted By: JSH Quoted To: TIM MURPHY Effective:,07/02/2021 Expires:',07/15/2021
ITEM DESCRIPTION • ORDERED UM PRICE UM1 Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered on a time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)`SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
Merchandise Misc
15943.86 .00 1243.62 .00 17187.48
FOB FACTORY UNLESS SPECIFIED J
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer,which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery(hereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market pnces for matenals and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase pnce for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer agrees to pay all invoices when due which is the essence of all orders or contracts.If Buyer fails to make timely payment Mascott may,at its sole option:
(a)defer further shipments untilBuyer makes such payments;,or(bp)elect to cancel all unfilled
yorders and contract.Buyer aggrees that Mascott may withhold or delay deliveries if Buyer
GOODS maintain
ARE READY TO SMascott
IPS AND or
DELAYS SHIPMENT security
for
(30)DAYS FROM THE DATE NOTIFICATION
NOTII(CATIO THAT
CHARGE OF ONE PERCENT(1%)PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascott pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and government regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascott a security interest in all of Buyer's,right title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,t substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,without the written consent of Mascott,sell,contract to sell,lease,encumber assign transfer from its place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.At the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to theBuyer upon due delivery of the equipment to the carrier.The Buyer shall pay,the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase price and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authonly,insurrection,a riot or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must send the defective part(s)to Mascott at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all.defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be modified,controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and all representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County,Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of uyer secured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTT'S REMEDIES:On any default and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises dispose of the equipment pursuant to a public or private sale;or
forfeit the Buyer's rights and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations.Mascott shall be entitled to compensation for
in
cluding• incidental damages, but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the return or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all de sits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyer's breech Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment.At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTT'S LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
LOSS
R• ANOY PART THEREOF,DELAY IN THEPDELIVERY OF THE GOODS OR BREA LABOR IN
GI SUSTAINED
TO TDHEYEXTENT BY REPAIIR OF REPLACEMENT THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
LLIMIIT OF THE LLIIABICARRIER,
II TY OF MASCOTT.THE OPERLY O ENPURPOBUYER„
E OF THIS STIPULATED AND EXCLUSIVE IS THE REPLACEMENT
REPAIREAND OR REPLACE,EFECTIVE PART
THE
DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED ON ITS ESSENTIAL PURPOSE SO LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS WARRANTIES:EXCEPT AS PROVIDED IN PARAGRAPH 20 MASCOTT GIVES NO EXPRESS WARRANTIES AS TO THE DESCRIPTION,QUALITY,
MERCHANTATT IS IN
NO WAY RESPONSIBLE FORTE PROPER UFITNESS FOR ANY SE AND CULAROR SERVICE OF SUCH GOODS.EXCEPT AS OR ANY OTHER
PROVIDED HERE N WITH REGARD TO INSPECTION AND A OF ANY GOODS SUPPLIED BY MASCOTT. CCEPTANCE,
CE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
OR• DOCUMENT AND THAT THERE ARE NO WARRA1'WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACT HER EXPRESSLY STATED WITHIN THIS
INFRINGEMENT OR WARRANTIES:
ST O THE EXISTENOCE MAKES
SECURTT (INTEREST,LIEN OR OTHER ENCUMBRANCTHIRD
ON THERGOODS SOLD TO BUYER ATOTHTRADEMARK
T ME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that:(a)the equipment sold to Buyer pursuant to this agreement may be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents and warrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date:
... Last Page
�i QUOTE
C� I�ascott REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number f: 067449
Date w 08/04/2021
Since 1960 WWW.mascottec.com 1
Ship-to: AREA2 Bill-to: 2450
AREA 2 SHOP LEWIS COUNTY FACILITIES
307 SPOONER RD 360 NW NORTH ST
360-748-2359 CHEHALIS,WA 98532
ADNA,WA 98522
eference t
EDNA SITE E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH ' a r, d To: TIM MURPHY ! Effe `7 07/02/2021 07/15/2021
Ordered'UM , Price I UM Extension
Item Description
iti
OPVPV-EiNT-DX PETROVEND ENTERPRISE DX SYS, 1 EA 6151.73 EA' 6151.73
INCLUDES 1 PV200 TERMINAL,
INTERNAL OR EXTERNAL SITE
CONTROLLER,DX FLEET 1 YR
SUBSCRIPTION,2000 TRANSACTION
MEMORY AND UP TO 16,000USERS
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-4404-09 2 HOSE PUMP CONTROL MODULE 1 EA 846.45 EA 846.45
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 2 EA 641.25 EA 1282.50
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE 1 EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 450.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
Credit card payments are subject to 3% service fee. '' I i
ACCEPTED FOR PURCHASE Siature .4. Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
QUOTE
CWascott REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK i
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067449
Date 08/04/2021
Since 1960 www.mascottec.com Page 2
Ship-to: AREA2 Bill-to: 2450
AREA 2 SHOP LEWIS COUNTY FACILITIES
307 SPOONER RD 360 NW NORTH ST
360-748-2359 CHEHALIS,WA 98532
ADNA,WA 98522
Reference# Slsp Terms Whse Freight Ship Via
EDNA SITE E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH ,', tJoted To TIM MURPHY fled a l 07/02/2021 ' ExpireS: 07/15/2021
ITEM DESCRIPTION ORDERED UM PRICE UM Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered on a time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is sp s
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)*SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
I I
Merchandise Misc I Tax Freight
15943.86 .00 1243.62 .00 17187.48
FOB FACTORY UNLESS SPECIFIED
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer,which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery(hereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market prices for materials and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase price for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer agrees to pay all invoices when due,which is the essence of all orders or contracts.If Buyer fails to make timely payment Mascott may,at its sole option:
(a)defer further shipments until Buyer makes such payments;,or(bp)elect to cancel all unfilled
Yorders and contract.Buyer agrees that Mascott maywithhold or delay deliveries if Buyer
GOODS maintain
ARE READY
iEADYTO SHIPS ANor
BUYER DELAYS SHIPMENT FOR MORE THAN for
payment.30)BAYS FROM THE DATE NOTIFICATION
NOTIFICATIO ,THAT
CHARGE OF ONE PERCENT(1%)PER MONTH HALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascoft pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and government regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascoft a security interest in all of Buyer's right,title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,without the written consent of Mascott,sell,contract to sell,lease,encumber assign transfer from its place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.Al the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to the Buyer upon due delivery of the equipment to the carrier.The Buyer shall pay the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase price and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authority,insurrection,a riot or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must send the defective part(s)to Mascoft at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all.defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be modiiied,controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and all representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County,Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of Buyer secured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTTS REMEDIES:On any default,and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises dispose of the equipment pursuant to a public or private sale;or
forfeit the Buyer's rights and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations.Mascott shall be entitled to compensation for
all incidental d in
cluding ncluding but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the return or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all deposits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyer's breech,Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment.At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTTS LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
OR ANY PART THEREOF DELAY IN THE DELIVERY OF THOE GOODS OR BREA LABOR IN
REP
AIRING
TO THE EXTENT BY REASON OF
REPLACEMENT THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
TO DELIVER TO A CARRIER PROPERLY CONSIGNED TO BUYER A SUITABLE PART TO REMEDY THE DEFECT.THE REPLACEMENT OF THE DEFECTIVE PART IS THE
DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SHL EXCLUSIVE REMEDY IS HAVE FAILED ON ITS ESSENTIALOPUO REPLACE, LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS UALITY,
ME CHANTABILITY F TN SWARRANTIES:
FORM VY PARTICULAR PURPOSE RODD IN UCTIIVVENESS�,MASCOTT
R ANY OTHER MATTEER,OF ANXPRESS Y GOODS SUPPLIE THE DESCRIPTION,
MASCOTT IS IN
NO WAY RESPONSIBLE FOR THE PROPER USE AND OR SERVICE OF SUCH GOODS.EXCEPT AS PROVIDED HEREIN WITH REGARD TO INSPECTION AND ACCEPTANCE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTTS SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
OR DOCUMENT AND THAT'IHERE ARE NO WARRCAf'TIES WHICH EXTEND BEYOND THE DESCRIPTION SAMPLES,EXCEPT
FACT HER EXPRESSLY STATED WITHIN THIS
23.EXCLUSION OF WARRANTIES:MASCOTT MAKES NO WARRANTY AS TO TITLE OF GOODS CLAIMS OF THIRD PARTY ARISING FROM PATENT OR TRADEMARK
INFRINGEMENT,OR AS TO THE EXISTENCE OF ANY SECURITY INTEREST LIEN OR OTHER ENCUMBRANCE ON THE GOODS SOLD TO BUYER AT THE TIME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that:(a)the equipment sold to Buyer pursuant to this agreement ma be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents andwarrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date:
... Last Page
L�� Portland,
REPRINT
,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
E Gl U I P M E N T (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number QUOTE
067451
Date ., 08/04/2021
Since 1960 WWW.mascottec.com 1
Ship-to: 111 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
111 PLEASANT VALLEY ROAD 360 NW NORTH ST
WINLOCK,WA 98596 CHEHALIS,WA 98532
=Li _ ,
4_
WINLOCK SITE E NET 10TH 01 BILLED BEST METHOD
�' uo a y: JSH � Quoted 71 TIM MURPHY . --Tei 07/02/2021 07/15/2021
N,
Item Description Ordered UM Price UM Extension
OPVPV-ENT-DX PETROVEND ENTERPRISE DX SYS, 1 EA 6151.73 EA 6151.73
INCLUDES 1 PV200 TERMINAL,
INTERNAL OR EXTERNAL SITE
CONTROLLER,DX FLEET 1 YR
SUBSCRIPTION,2000 TRANSACTION
MEMORY AND UP TO 16,000USERS
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-4404-09 2 HOSE PUMP CONTROL MODULE 1 EA 846.45 EA 846.45
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 2 EA 641.25 EA 1282.50
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE 1 EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 450.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
QUOTE
�aSCOtt REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067451
Date 08/04/2021
Since 1960 www.mascottec.com Page 2
Ship-to: 111 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
111 PLEASANT VALLEY ROAD 360 NW NORTH ST
WINLOCK,WA 98596 CHEHALIS,WA 98532
Reference# Slsp Terms Whse Freight Ship Via
WINLOCK SITE E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH Quoted To: TIM MURPHY Effective: 07/02/2021 Expires: 07/15/2021
ITEM DESCRIPTION ORDERED UM PRICE UM Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered on a time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)*SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
Merchandise Misc
15943.86 .00 1243.62 .00 17187.48
FOB FACTORY UNLESS SPECIFIED
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery thereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market pnces for materials and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase pnce for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer
agrees to pay all invoices when due,provide
is the essence of all
orders or contracts.p If Buyer er fgails to make timelypayrees that Mascoft yment Mascott ma withhold or ay,at its sole option:
(aGOODS AND EQUIPMENT ARE defer further shipments EADY TO SHIPS ANor
BUYER DEr makes such payments;or(b) IIAYS SHIPMENT FOR MORE THAN for
(ect to cancel all unfilled orders and contract. 30)Fb UPON OM T E DATE OF SUCH NOTI(CATIO ,THAT Buyer deliveries if
CHARGE OF ONE PERCENT(1%)PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascott pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and govemment regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascott a security interest in all of Buyer's right title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,withoufthe written consent of Mascott,sell,contract to sell,lease,encumber assign transfer from ifs place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.Al the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to theBuyer upon due delivery of the equipment to the carrier.The Buyer shall pay the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase price and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authority,insurrection,a riot or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must send the defective part(s)to Mascott at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all.defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be mod�ed„controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and ail representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County,Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of Buyer secured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTT'S REMEDIES:On any default,and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises;dispose of the equipment pursuant to a public or private sale'or
forfeit the Buyer's rights and retain all sums paid heretofopre by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations.Mascott shall be entitled to compensation for
in
cluding incidental damages, but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the retum or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all de sits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyers breech Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment.At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTT'S LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
OR LOSS
NOY PART THEREOF,DELAY IN THE DELIVERY OF THE GOODS OR BREEA LABOR IN
REPAIRING,SUSTAINED
TO THEY EXTENT BY REASON OF
REPLACEMENT THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
LIMIT OF THTO
LIABILIITY O FMASCOT.THE SOLENPURPOBUYER„
E OF THIS STIPULAPART
ED AND EXCLUSIVE REMEDY IS THE REPLACEMENT
REPAIREADEFECTIVE
D OR REPLACE,
DEFECTIVE THE
DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED ON ITS ESSENTIAL PURPOSE SO LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS WARRANTIES:EXCEPT AS PROVIDED IN PARAGRAPH 20 MASCOTT GIVES NO EXPRESS WARRANTIES AS TO THE DESCRIPTION,QUALITY,
TT.MASCOTT IS IN
NO WAY RESPONSIBLE FORTE PROPER USE AND OR SERVICFITNESS FOR ANY PARTICULAR E OF SUCH GOODS.OR EXCEPT AS PROVIDED H ANY OTHER EREI OF N WIY THH REGARD TO INSPECTION OODS SUPPLIED BY AND ACCEPTANCE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
OR DOCUMENT AND THAT T AFFIRMATION WARRANDESCRIPTION
IES WHICH ENXTTEND BEYOND THE DESCRIPTION OFF THE FACT HERE EXPRESSLY STATED WITHIN THIS
INFRINGEMENT O AS WARRANTIES:XISTENCE MAKES
SECURIITY INTEREST,LIEN OR OF GOODS,
ENCUMBRANCTHIRD
ON THE GOODS SOLD TO BUYER ATOTHETIME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that:(a)the equipment sold to Buyer pursuant to this agreement may be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents and warrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date:
... Last Page
�i QUOTE
C I�ascott REPRINT
j Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPIVIENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 067450
08/04/2021
Since 1960 www.mascottec.com 1
Ship-to: 4 Bill-to: 2450
AREA 5 SHOP LEWIS COUNTY FACILITIES
162 BRIM ROAD 360 NW NORTH ST
360 978 5879 CHEHALIS,WA 98532
ONALASKA,WA 98570
Reference# Slsp Ship• Via
NEW PE"1'ROVEND E NET 10TH 01 BILLED BEST METHOD
II
Quoted By: JSH Quoted To s TIM MURPHY r 'ective 07/02/2021 "zptres"07/15/2021
1
Item Description Ordered UM Price'UM Extension
OPVPV-ENT-DX PETROVEND ENTERPRISE DX SYS, 1 EA 6151.73 EA 6151.73
INCLUDES 1 PV200 TERMINAL,
INTERNAL OR EXTERNAL SITE
CONTROLLER,DX FLEET 1 YR
SUBSCRIPTION,2000 TRANSACTION
MEMORY AND UP TO 16,000USERS
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-4404-09 2 HOSE PUMP CONTROL MODULE 2 EA 846.45 EA 1692.90
OPV20-4405 KIT,PCM SLAVE TWO HOSE 1 EA 645.53 EA 645.53
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 2 EA 641.25 EA 1282.50
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE 1 EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 450.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
Credit card payments are subject to 3%service fee. .
1
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
(/tPortland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
asco REPRINT
E 0 U 1 P M E N T (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number - 067450 QUOTE
08/04/2021
Since 1960 www.mascottec.com 2
Ship-to: 4 Bill-to: 2450
AREA 5 SHOP LEWIS COUNTY FACILITIES
162 BRIM ROAD 360 NW NORTH ST
360 978 5879 CHEHALIS,WA 98532
ONALASKA,WA 98570
'e ereh tins , Whse refight 10 tia.r
NEW PETROVEND E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH Quote. o TIM MURPHY 07/02/2021 <:..,_-S.',07/15/2021
Item Description Ordered UM Price UM Extension
Credit card payments are subject to 3% service fee. "1
ACCEPTED FOR PURCHASE Signature: _ Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
Mascott REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK QUOTE
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067450
Date 08/04/2021
Since 1960 www.mascottec.com Page 3
Ship-to: 4 Bill-to: 2450
AREA 5 SHOP LEWIS COUNTY FACILITIES
162 BRIM ROAD 360 NW NORTH ST
360 978 5879 CHEHALIS,WA 98532
ONALASKA,WA 98570
Reference# Slsp Terms Whse Freight Ship Via
NEW PETROVEND E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH Quoted To:1
TIM MURPHY �f(c ve,;;07/02/2021 Expires:, 07/15/2021
I ), .,..a, .'a
ITEM DESCRIPTION ORDERED UM PRICE UM Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered ona time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)*SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
Merchandise Misc �..,r Tax Freight t Total
17435.84 00 1360.00 .00 18795.84
FOB FACTORY UNLESS SPECIFIED
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCL USI VEL Y GOVERN THIS SALE
Continued on next page ...
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer,which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery(hereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect anyfluctuation in market paces for materials and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase puce for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer agrees to pay all invoices when due which is the essence of all orders or contracts.If Buyer fails to make timely payment Mascott may,at its sole option:
(a)defer further shipments unntil Buyer makes such payments;or(bcott or fails to p)elect to cancel all unfilled
yyorders and contract.Buyer agrees that Mascott maywithhold or delay deliveries if Buyer
fails to GOODS ANDin a EQUIPMENT ARE READY TO SHIP credit historTwith S AND BUYER DELAYS SHIPMErovide NT FOR MORETHAN T to Mascoft for HIRTY(30)ayment. bAYS FROM UPON MASCOTT'S
EOOFISUCH NOTIICATION TOFICATION,AUYER T
CHARGE OF ONE PERCENT(1%)PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascott pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and government regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascott a security interest in all of Buyer's right title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,without the written consent of Mascott,sell,contract to sell,lease,encumber assign transfer from its place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.Al the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to the Buyer upon due delivery of the equipment to the carrier.The Buyer shall pay the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase pnce and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authority,insurrection,a not or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must sendthe defective part(s)to Mascott at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all.defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be modied,controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and all representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County,Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of Buyer secured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTT'S REMEDIES:On any default,and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises;dispose of the equipment pursuant to a public or private sale;or
forfeit the Buyer's rights.and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations.Mascott shall be entitled to compensation for
all incidental damages,including but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the return or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all de sits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyer's breech,Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment.At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTT'S LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
OR ANY PART THEREOF,DELAY INRTHEPDELLIVERY OF THE GOODS OR 13REA LABOR IN
GESUSTAINED
CEPT TO TDHEYEXTENT BY REASON
REPLACEMENT AS THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
TO DELIVER
OF THE LIABICARRIER,
II TY O FMASOCO1T.TH SOLENPURPOSE OF PHIS STIPULATED AND REMEDY
THE
REMEDY IS FOR MASCOTT REPLACEMENT REPAIREANED OR REPLACE,IS THE
DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED ON ITS ESSENTIAL PURPOSE SO LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS WARRANTIES:EXCEPT AS PROVIDED IN PARAGRAPH 20 MASCOTT GIVES NO EXPRESS WARRANTIES AS TO THE DESCRIPTION,QUALITY,
MERCHANTABILITY,FITNESS FOR ANY PARCULAR PURPOSE,PRODUCTIVENESS OR ANOODS SUPPLIED BY MASCOTT.MASCOTT IS IN
NO WAY RESPONSIBLE FORT E PROPER USE AND OR SERVICE OF SUCH GOODS.EX EPT AS PROVIDED HOTHER MATTERE RE NOFNY WITH REGARD TO INSPECTION AND ACCEP ANCE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
OR DOCUMENT AND THHAT THERE ARE NO WARRCANTIIES WHICH EXTTEND BEYOND THE DESCRIPTION SAMPLES,EXCEPT
FACT HER EXPRESSLY STATED WITHIN THIS
23.EXCLUSION OF WARRANTIES:MASCOTT MAKES NO WARRANTY AS TO TITLE OF GOODS CLAIMS OF THIRD PARTY ARISING FROM PATENT OR TRADEMARK
INFRINGEMENT,OR AS TO THE EXISTENCE OF ANY SECURITY INTEREST LIEN OR OTHER ENCUMBRANCE ON THE GOODS SOLD TO BUYER AT THE TIME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that:(a)the equipment sold to Buyer pursuant to this agreement may be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents and warrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date:
... Last Page
QUOTE
C��ascott REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number ;a 067453
Dat : 08/04/2021
Since 1960 WWW.mascottec com
Ship-to: CENTR Bill-to: 2450
CENTRAL SHOP LEWIS COUNTY FACILITIES
109 FOREST NAPAVINE RD 360 NW NORTH ST
360-740-1150 CHEHALIS,WA 98532
CHEHALIS,WA 98532
, . , , . , nim
Reference Isp itterms Whse Freight - p'Via
_____Adm
CENTRAL SHOPS E NET 10TH 01 BILLED BEST METHOD
II
Quoted 8y:] JSH f Quoted T TIM MURPHY !IIPEffective: 07/02/2021 Expires:;07/15/2021
Item Description Ordered UM Price UM Extension
OPVPV-EN1'-DX PETROVEND ENTERPRISE DX SYS, 1 EA 6151.73 EA 6151.73
INCLUDES 1 PV200 TERMINAL,
INTERNAL OR EXTERNAL SITE I
CONTROLLER,DX FLEET 1 YR
SUBSCRIPTION,2000 TRANSACTION
MEMORY AND UP TO 16,000USERS
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-0404-09 2 HOSE PUMP CONTROL MODULE 2 EA 846.45 EA 1692.90
OPV20-4405 KIT,PCM SLAVE TWO HOSE 1 EA 645.53 EA 645.53
OPVI-65-0006 DFX FLEET SOFTWARE 1 EA 810.00 EA 810.00
OPV20-8039 CHIP KEY ENCODER 1 EA 931.95 EA 931.95
OPV20-4454 STAND ALONE PROGRAM PKG 1 EA 3697.88 EA 3697.88
OPV20-8259 PCM HANDLE SENSE BOARD 2 EA 256.50 EA 513.00
OPVAVI-MIL-LGTPKG MILEAGE PACKAGE 10 EA 239.40 EA 2394.00
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 4 EA 320.63 EA 1282.52
OPV20-6180 SOFTWARE,PHOENIX SQL LITE 1 EA 3195.00 EA 3195.00
OPV20-6180-03 TRAINING,SQL LITE PHOENIX, 1 EA 544.50 EA 544.50
OPV20-4120 CHIP KEY 300 EA 6.30 EA 1890.00
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
•
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
WeZSC� Portland REPRINT
,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK QUOTE
EQUIPMENT
(503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 7s 067453
i', 08/04/2021
,
Since 1960 WWW.mascottec.corn . ,_a 2
Ship-to: CENTR Bill-to: 2450
CENTRAL SHOP LEWIS COUNTY FACILITIES
109 FOREST NAPAVINE RD 360 NW NORTH ST
360-740-1150 CHEHALIS,WA 98532
CHEHALIS,WA 98532
, Win,
CENTRAL SHOPS E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH s Quoted To: TIM MURPHY P Effectivel 07/02/2021 Expires: 07/15/2021
I
Item Description Ordered UM Price UM r ', Extension
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE 1 EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 4.50.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
OPWAVITRAINING FACTORY AVI INSTALL TRAINING 1 EA 3500.00 EA 3500.00
Credit card payments are subject to 3°/a service fee. r-
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ONTACHME7VT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
C Wascott REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK QUOTE
E 0 U 1 P M E N T (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067453
Date 08/04/2021
L
Since 1960 www.mascottec.com
Page 3
Ship-to: CENTR Bill-to: 2450
CENTRAL SHOP LEWIS COUNTY FACILITIES
109 FOREST NAPAVINE RD 360 NW NORTH ST
360-740-1150 CHEHALIS,WA 98532
CHEHALIS,WA 98532
Reference# Slsp Terms Whse Freight Ship Via
CENTRAL SHOPS E NET 10TH 01 BILLED BEST METHOD
Quoted By: JSH Quoted To: TIM MURPHY Effective 07/02/2021 Expires: 07/15/2021
ITEM DESCRIPTION ORDERED UM PRICE UM Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered on a time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)*SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
Merchandise 1 Misc 1 Tax Freight
34912.19 Mil 2723-1' MO 37635.34
FOB FACTORY UNLESS SPECIFIED
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer,which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery(hereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market prices for materials and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase price for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer agrees to pay all invoices when due which is the essence of all orders or contracts.If Buyer fails to make timely payment Mascott may,at its sole option:
(a)defer further shipments until
yntilBuyer makes such payments;,or(bcott or fails to p)elect to cancel all unfilled
yyorders and contract.Buyer agrees that Mascoft may withhold or delay deliveries if Buyer
((ails to GOODS ANDin a EQUIPMENT ARE READY TO SHIP credit historywith S AND BUYER DELAYS SHIPMErovide NT FOR tMOR THAN T to Mascott for HIRTY(3Q)Dayment. AYS FROPON M THE DATE OF SUCHNOTIFICATION,AN TO BUYER T
CHARGE OF ONE PERCENT(1%)PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascott pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and govemment regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascott a security interest in all of Buyer's right title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,withoutthe written consent of Mascott,sell,contract to sell,lease,encumber assign,transfer from ifs place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.At the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place,of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to the Buyer upon due delivery of the equipment to the carrier.The Buyer shall pay,the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase price and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authority,insurrection,a riot or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must send the defective part(s)to Mascott at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be modified,controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and all representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this-agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of Buyer secured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTT'S REMEDIES:On any default.and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises;dispose of the equipment pursuant to a public or private sale'or
forfeit the Buyer's rights and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyers obligations.Mascott shall be entitled to compensation for
all incidental damages,including but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the return or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all deposits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyer's breech Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment.At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTT'S LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
OR ANY PART THEREOF DELINTERRUPTION
Y INT HE DELIVERY OF THE GOODS OR BREA LABOR IN
GEXCEPTATO THE EXTENT BY REPAIIR OF REPLACEMENT THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
TO DELIVER TO A CARRIER PROPERLY CONSIGNED TO BUYER A SUITABLE PART TO REMEDY THE DEFECT.THE REPLACEMENT OF THE DEFECTIVE PART IS THE
LIMIT PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SH EXCLUSIVE REMEDY TO FORE MASCOTT ESSENTIALOPU REPLACE, LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS WARRANTIES:EXCEPT AS PROVIDED IN PARAGRAPH 20 MASCOTT GIVES NO EXPRESS WARRANTIES AS TO THE DESCRIPTION,QUALITY,
MERCHANTNO WAY RESPONSIBLE FORTE PROPEFITNESS FOR ANY R USE AND OCULAR R SERVICE OF SUCH GOODS.EXCEPT AS PROVIDED I OR ANY OTHER -(RE N OF NY GOODS SUPPLIED BY MASCOTT.MASCOTT IS IN
WITH REGARD TO INSPECTION AND ACCEPTA CE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
WRITTEN DOCUMENT AND THAT'fHERE ARE NO WARRAf1TIIDESCRIPTION
S WHICH ENXTTEND BEYO OR ND THE DESCRIPTION SAMPLES,EXCEPT
FACT HER EXPRESSLY STATED WITHIN THIS
23.EXCLUSION OF WARRANTIES:MASCOTT MAKES NO WARRANTY AS TO TITLE OF GOODS CLAIMS OF THIRD PARTY ARISING FROM PATENT OR TRADEMARK
INFRINGEMENT,OR AS TO THE EXISTENCE OF ANY SECURITY INTEREST LIEN OR OTHER ENCUMBRANCE ON THE GOODS SOLD TO BUYER AT THE TIME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that:(a)the equipment sold to Buyer pursuant to this agreement may be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents and warrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date: ... Last Page
asco C/€ Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK QUOTE REPRINT
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number -< 067452
08/04/2021
Since 1960 WWW.mascottec.com r1
Ship-to: 8901 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
8901 US.HWY 12 360 NW NORTH ST
RANDLE,WA 98377 CHEHALIS,WA 98532
e arena • sp, e r r e right • p�`'
RANDALL SITE E NET 10TH 01 BILLED BEST METHOD
IllQuote y: JSH r Quoted To: TIM MURPHY active:07/02/2021 ":"`'s:'07/15/2021
1
I 1
Item Description Ordered UM Price UM Extension
OPVPV-200 PV 200 PEDESTAL UNIT 1 EA 4360.50 EA 4360.50
FOR EXISTING FSC3000 ONSITE
OPV20-4443-CHIP CHIP KEY READER 1 EA 538.65 EA 538.65
SF-DFS SOFTWARE FLAG DFX-DX 1 EA .00 EA .00
OPV20-4359-48 48"H PEDESTAL 1 EA 675.45 EA 675.45
OPV20-4428 PCM MOUNT BRACKET 1 EA 196.65 EA 196.65
OPV20-4404-09 2 HOSE PUMP CONTROL MODULE 1 EA 846.45 EA 846.45
OPV20-6180-XS ADDITIONAL SITE LICENSE 2 EA 300.00 EA 600.00
OPV20-4456 VIS ASSEMBLY INTERNAL 1 EA 2342.70 EA 2342.70
OPV20-4459 OPW NOZZLE READER ASSY 2 EA 641.25 EA 1282.50
FALLS UNDER SOURCEWELL
CONTRACT#092920-DVR
PLEASE REFERANCE THIS ON
PURCHASE ORDER.
ELECTRICIAN-SE-PW ELECTRICIAN,PREVAILING WAGE 1.00 EA 1250.00 EA 1250.00
FILING FEE FILING FEE,PREVAILING WAGE 1 EA 40.00 EA 40.00
PW ADMIN ADMINISTRATIVE FEE I EA 25.00 EA 25.00
MISC MATERIAL MISCELLANEOUS MATERIAL 1 EA 350.00 EA 350.00
ELECTRICAL PERMIT ELECTRICAL PERMIT/INSPECTION 1 EA 450.00 EA 450.00
LABOR-SE-PW LABOR,PREVAILING WAGE 1.00 EA 1650.00 EA 1650.00
TRIP CHARGE-SE40 LABOR,TRAVEL 21-40 MILEAGE 1 EA 139.68 EA 139.68
FUEL SURCHARGE-SE40 FUEL SURCHARGE 1 EA 5.05 EA 5.05
Credit card payments are subject to 3% service fee. r..
ACCEPTED FOR PURCHASE ‘ Si ature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page...
(*ascott
QUOTE
REPRINT
Portland,OR Seattle,WA Pasco,WA Spokane,WA Anchorage,AK
EQUIPMENT (503)282-2587 (206)763-7867 (509)543-2018 (509)255-7809 (907)561-1119 Number 067452
Date 08/04/2021
Since 1960 WWW.mascottec*corn Page 2
Ship-to: 8901 Bill-to: 2450
LEWIS COUNTY FACILITIES LEWIS COUNTY FACILITIES
8901 US.HWY 12 360 NW NORTH ST
RANDLE,WA 98377 CHEHALIS,WA 98532
Reference# Slsp Terms Whse Freight Ship Via
RANDALL SITE E NET 10TH 01 BILLED BEST METHOD
Quoted By:l JSH Quoted To: TIM MURPHY Effective:I1 07/02/2021 Expires:'07/15/2021
ITEM DESCRIPTION ORDERED UM PRICE IUM; Extension
1.)EXCLUSIONS:(Unless Noted)Site Improvements&Inspection Plans,Permits,Installation,Misc.Pipe Fitting/Accessories Electrical,Sales Tax and any
item(s)not specifically listed above.
2.)PCI(Payment Card Industry)&EMV(Euro.Mastercard,Visa)COMPLIANCE DISCLAIMER:it is solely the Customer's responsibility to verify PCI compliance
and Network Processing compliance with their Merchant Provider.Mascott will not be liable for direct,special or consequential damages,business interruption
or loss of profits,sustained by Customer or any party claiming by,through or under the Customer.
3.)PERFORMANCE:Mascott or employees are not licensed engineers. Performance of equipment is based on accuracy of information provided by Owner or
their Representatives.Guaranteed performance require certification by a licensed engineer.
4.)EQUIPMENT ONLY:Subject to Owner's or Engineer's approval.Quotation limited to equipment/quantities listed.Owner or Installing contractor are
responsible to determine actual quantities of pipe,fittings&accessories.
5.)STARTUP&WARRANTY:Where req'd warranty certification by Authorized Service Rep.(ASR)of equipment startup&basic training is offered on a time&
materials basis @$122-hour/$1.17 a mile unless otherwise listed.Mascott's responsibility is limited to factory's published warranty.Owner is responsible for
excessive travel charges less manufacturer(If Any)credits.
6.)FREIGHT SHIPMENTS:Freight shipments are fob point of origin unless otherwise listed Owner or Owner's contractors are responsible for offloading unless
otherwise listed.Excessive standby time by carrier due to offloading may result in additional charges.All freight shipments are to be instpected on receipt for
visible damage and noted on Bill of Lading.Crated&boxed freight must be opened&contents inspected with 24 hours of receipt for hidden damage. Owner is
responsible to report damage directly to carrier immediately.Failure to contact carrier within specified timelines may result in rejection of claim.
7.)LEAD TIME:Mascott can not guarantee factory quoted lead time.Special order equipment requires approval of submittal drawings prior to production.Lead
times quoted commence upon receipt of drawings&required deposits.
8.)DEPOSITS:50%deposit required on quotations containing Special Order Equipment&Services. Order will not be executed prior to receipt of deposit.
9.)FUEL SURCHARGES:Many manufacturers now add fuel surcharges to cover the high cost of fuel in shipping.Please note customer is responsible for
surcharges.Mascott will Include these charges on your Invoice.
10.)PREPAYMENT TERMS OFFERED: 1%prepayment discount available,subject to Mascott's Credit Manager's approval.
11.)CREDIT CARD PAYMENTS:Subject to 3%Service Fee,Subject to Mascott's Credit Manager's approval.
12.)FACTORY PRICE INCREASES:Unscheduled factory price increases will apply at time of order. Please confirm ALL pricing with your sales person prior to
acceptance.
13.)*SPECIAL ORDER EQUIPMENT&SERVICE CANNOT BE RETURNED FOR CREDIT OR CANCELLED ONCE ENTERED INTO MANUFACTURER'S
PRODUCTION SCHEDULE.
14.)Oregon CAT tax may apply.rev3/26/2021.
Thank you for your business.
, ..
Merchandise: Misc Tax Freight Total
14752.63 00 1150.71 .00 15903.34
FOB FACTORY UNLESS SPECIFIED
Credit card payments are subject to 3% service fee.
ACCEPTED FOR PURCHASE Signature: Date:
TERMS AND CONDITIONS SET FORTH OR NOTED ON ATTACHMENT SHALL EXCLUSIVELY GOVERN THIS SALE
Continued on next page ...
a
TERMS AND CONDITIONS
1.ACCEPTANCE OF CONTRACT:Buyer acknowledges that all quotations,orders and agreements made between Buyer and Mascott Equipment Co.,Inc.'s(herein Mascott)agent
shall be considered an offer by Buyer,which said offer Shall be subject to acceptance and approval by an officer of Mascott at Mascott's Portland office subject to credit approval.The
parties agree that the terms and conditions of this document shall control and shall constitute the parties'agreement,and any terms and conditions on Buyers purchase order,invoice or
other document will have no effect.
2.PRICE:Buyer agrees that the purchase price shall be the fair market value of the equipment and/or machinery(hereinafter equipment or goods)on the date of delivery.Therefore,
Buyer agrees that Mascott has the right to adjust the balance due at delivery to reflect any fluctuation in market prices for matenals and/or labor occurring between the date of this
agreement and the delivery date.Mascott may require a payment equal to fifty percent(50%)of the purchase price to be paid at the time this order is placed.Buyer will be charged a
restocking fee equal to twenty-five percent(25%)of the purchase price for returned goods.Any additional restocking fees assessed by the manufacturer for returned goods will also be
paid by Buyer.When excavating for the installation of underground tanks or equipment,,any unusual underground condition which prevents normal excavation and adds significantly to
the cost,will be considered as extra,and will be charged for on a time and matenal basis.This may include excess water,rock greater than 12 inches in diameter,unstable soil,trash,
old piping,etc.
3.PAYMENT TERMS:Buyer agrees to pay all invoices when due which is the essence of all orders or contracts.If Buyer fails to make timely payment Mascott may,at its sole option:
(a)defer further shipments unntil Buyer makes such payments;or(bp)elect to cancel all unfilled
yorders and contrrac to Mascott for yt.Buyer agrees that Mascott may withhold or delay deliveries if Buyer
fails to GOODS ANDrn a EQUIPMENT ARE itEADY TO SHIP with Scott or fails to AND BUYER DELAYS SHIPMErovide NT FOR MORETHAN THIRTY(330�ment. BAYS FROM PON THE DATE OF SUCHNOTIFICATION,
N TO AUYER T
CHARGE OF ONE PERCENT(1%)PER MONTH SHALL BE APPLIED TO THE TOTAL BALANCE DUE ON THIS ORDER.
4.TAXES:In addition to the Price set forth above,Buyer will pay,or reimburse Mascott upon demand if Mascott pays,all sales,use,excise,occupation,duty or other tax or taxes
levied,assessed or imposed by any taxing authority,whether the United States,a State,or a political subdivision of either.
5.PERMITS:Buyer shall,at its expense,obtain all necessary public,inspection,license,building,and other permits and shall be responsible for compliance with all applicable laws,
ordinances and government regulations regarding the installation and operation of the equipment on Buyer's premises.
6.CHARACTER OF EQUIPMENT:The parties intend that the equipment shall,at all times,be considered personal property and not as fixture(s),notwithstanding of the manner in
which the equipment may be installed or connected to Buyer's real estate.
7.SECURITY AGREEMENT:Buyer hereby grants Mascott a security interest in all of Buyer's right title and interest,now owned or hereafter acquired,in and to the equipment
described above and any portion of such equipment,including any other after acquired,substituted or replacement parts,materials,and equipment,to secure the timely performance
and payments of the underlying obligation herein and all indebtedness and obligations of Buyer to Mascott presently existing or hereinafter arising,direct or indirect,and interest
thereon.Buyer will not,without the written consent of Mascott,sell,contract to sell,lease,encumber assign,transfer from its place of installation or otherwise dispose of equipment or
any interest therein until this security agreement and all debts secured thereby have been fully satisfied.At the request of Mascott,Buyer will join in executing,or will execute,as
appropriate,all necessary financing statements and all other instruments deemed necessary by Mascott and by the cost of filing such documents.Buyer shall not delegate performance
nor assign any rights or obligation hereunder.
8.RISK OF LOSS:This agreement is a shipment contract FOB Mascott's place of business or FOB manufacturer's facility.The risk of loss,injury,or destruction of the equipment or any
pert thereof passes to the Buyer upon due delivery of the equipment to the carrier.The Buyer shall pay the freight and insurance costs.Any such loss,injury,or destruction shall not
release Buyer from any obligations under this agreement,including the payment of the full purchase price and shall,at Mascott's option,accelerate the maturity of the unpaid balance of
the purchase price to the date of such event.
9.DELIVERY:Buyer acknowledges that Mascott may change delivery dates without notice.Mascott shall not be liable for any loss,damage,or delay due to transportation or caused by
fire,strike,civil or military authority,insurrection,a not or any causes beyond Mascott's reasonable control.
10.INSPECTION AND ACCEPTANCE:BUYER SHALL INSPECT THE EQUIPMENT WITHIN TEN(10)DAYS AFTER THE DATE OF DELIVERY.A rejection of the goods by Buyer
shall not be effective unless it is made and written notice thereof is given within fifteen(15)days after the date of delivery specifying any claim,defect,or any other proper objection to
the equipment.Buyer shall thereafter be deemed conclusively to have accepted the equipment as satisfactory.Buyer must sendthe defective part(s)to Mascott at Portland,Oregon,
within ninety(90)days from the date of purchase and tag all defective part(s)showing date and all information necessary to support a claim.A revocation of acceptance shall not be
effective unless written notice of the revocation is given within ten(10)days after Buyer has discovered the defect in the goods,or twenty(20)days after acceptance of Buyer,
whichever occurs first.
11.MERGER:This agreement signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms
and shall not be modied,controlled,or effected in any way by any usage of trade or subject to any course of dealings or performance between the parties.All agreements entered into
prior to or contemporaneously with the execution of this agreement are excluded,whether oral or written.Any and all representations,promises,express or implied warranties or
statements by Mascott's agent that differs in any way from the terms of this written agreement shall be given no force or effect.
12.WAIVER:Mascott shall not,by any act,delay,omission,or otherwise be deemed to have waived any of its rights or remedies under this agreement.No waiver whatever stall be
valid unless in writing signed by Mascott,and then only to the extent under the terms set forth therein.
13.SEVERABILITY:This agreement is divisible.If any provision of this agreement is declared invalid by any tribunal,the remaining provision of this agreement shall not be affected
thereby.
14.JURISDICTION:This agreement shall be construed and governed in at matters by the law of the State of Oregon.The parties consent to the exclusive jurisdiction of and venue in
Multnomah County,Oregon with respect to any and all claims or controversies arising out of or related to this order,and consent to service of process outside the State of Oregon in
any action hereunder by registered mail or personal service.The prevailing party in any action commenced hereunder shall be entitled to a reasonable sum as attorney fees,together
with all costs.An action brought for a breech of this agreement shall be commenced within one(1)year after the cause of action has accrued.
15.DEFAULT:All times specified in this agreement for the performance of the obligations of the parties shall be deemed of the essence.If the Buyer fails to pay,when due,any amount
payable on this agreement or on any other indebtedness of Buyersecured hereby,or shall fail to perform any of the provisions of agreement,Buyer shall be in default.
16.MASCOTT'S REMEDIES:On any default,and at any time thereafter,Mascott may,at Mascott's option,pursue any rights and remedies provided by this agreement and the Oregon
Uniform Commercial Code,including but not limited to:repossess the machines and equipment from Buyer's premises'dispose of the equipment pursuant to a public or private sale'or
forfeit the Buyer's rights and retain all sums paid heretofore by Buyer to Mascott in lieu of resale and in satisfaction of Buyer's obligations.Mascott shall be entitled to compensation for
all incidental damages,including but not limited to all commercially reasonable charges,expenses,or commissions incurred in stopping delivery under the Code,in the transportation,
care and custody of goods after a breach by Buyer and in connection with the return or resale of goods,or any other damages resulting from a breach by Buyer.Mascott's remedies
and rights are cumulative and the exercise of one right or remedy does not exclude any other rights or remedies conferred on Mascott by law.
17.LIQUIDATED DAMAGES:The parties agree that Mascott shall be entitled to retain all de sits made by Buyer,as liquidated damages,if Buyer shall breach or fail to consummate
this sale.The parties agree that liquidated damages are needed because of the difficulty in determining Mascott's damages upon Buyer's breech Mascott's capital investment in
making the equipment and the numerous jurisdictions in which Mascott sells equipment At its sole option,Mascott may elect the remedies provided in Paragraph 16 instead of
liquidated damages.
18.LIMITATION ON MASCOTT'S LIABILITY:MASCOTT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO
OR ANY PART THEREOF DELAY IN THE DELIVERY OF THE GOODS OR BRE LABOR WARRAANTY REPAIRING,.SUSTAINED
TO TDHEYEXTENT BY REASON OF
REPLACEMENT THE GOODS,
PROVIDED IN PARAGRAPHS 19 AND 20.
19.EXCLUSIVE REMEDY OF THE BUYER:THE PARTIES AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOODS IS TO REQUIRE MASCOTT
LIMITTO OF DELIVER
HE LLIIABILIITY OFMAPROPERLY
COTT.TCONSIGNED
E SO ENPURPO BUYER)'HISUITABLE
S IPULATED AND EXCLUSIVE HE REMEDY IS T.FOR MASCOTT TO REPAIRE REPLACEMENT OF EAND OR REPLPACE,RT
DEFECTIVE THE
DEFECTIVE PARTS IN THE MANNER HEREIN PROVIDED.THIS EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED ON ITS ESSENTIAL PURPOSE SO LONG
AS MASCOTT IS WILLING AND ABLE TO REPAIR OR REPLACE DEFECTIVE PARTS IN THE PRESCRIBED MANNER.
20.MANUFACTURERS'WARRANTIES:SOME OF THE GOODS AND EQUIPMENT SOLD BY MASCOTT MAY BE COVERED BY MANUFACTURERS'WARRANTIES.IN SUCH
CASES,ALL MANUFACTURERS'WARRANTIES SHALL BE PASSED TO BUYER FOR BUYER'S BENEFIT.
21.WAIVER OF EXPRESS WARRANTIES:EXCEPT AS PROVIDED IN PARAGRAPH 20 MASCOTT GIVES NO EXPRESS WARRANTIES AS TO THE DESCRIPTION,QUALITY,
MERCHANTABILITY,FITNESS FOR ANY PARTICULAR PURPOSE GOODS SUPPLID BY MASCOTT.MSCOTT IS IN
NO WAY RESPONSIBLE FORT E PROPER USE AND OR SERVIICtE OF SUCH GOODS.EXCEPT AS PROVIDED HERE N OR ANY OTHER MATTER,OFNWITH REGARD TO Y INS EC ION AND ACAC PTA CE,
BUYER HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF SUCH GOODS.
22.WAIVER OF IMPLIED WARRANTIES:THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE.THE BUYER ACKNOWLEDGES THAT BUYER IS NOT
RELYING ON MASCOTT'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE BUYER HAS NOT RELIED ON ANY ORAL
OR DOCUMENT AND THAT'THERE ARE NO WARRANTIIES WH CH EXTEND BEYOND THE DESCRIPTION OF THE FACT HEREO EXPRESSLY STATED WITHIN THIS
INFRINGEMENT OR WARRANTIES:
THE EXISTENCE OFAANY SECURIITY TO
LIEN OR OTHER ENCUMBRANCTHIRD
ON THE GOODS SOLD TO BUYER ATOTHTRADEMARK
TIME OF THE
EXECUTION OF THIS AGREEMENT,AT THE TIME OF DELIVERY OF THE GOODS,OR AT ANY OTHER TIME.
24.BUYER'S REPRESENATION:Buyer recognizes that(a)the equipment sold to Buyer pursuant to this agreement may be protected by any number of patents and/or trademarks;
and(b)part of the consideration for the sale of the equipment is Buyer's representations,therefore,Buyer represents and warrants that Buyer shall not,at any time,alter any equipment
furnished by Mascott under this agreement or do anything that will infringe,impeach or lessen the validity of the patents or trademarks under which Mascott's equipment is made or
sold.
25.FACSIMILE S:Facsimile transmission of any signed original document shall be the same as delivery of an original.At the request of Mascott,Buyer will confirm facsimile
transmitted signatures by signing an original document.
Initial: Date: ... Last Page
BOCC AGENDA ITEM SUMMARY
Resolution: 21-298 BOCC Meeting Date: Aug. 10, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Ratifying the purchase of new fuel card readers and software from Mascott Equipment and
authorizing signature thereon
Contact: Tim Mixer Phone: 360.740.1194
Department: PW - Public Works
Description:
The Lewis County Fleet Division has determined that the area road shops fuel card readers and
software are in need of replacement. These fuel system components were scheduled, budgeted,
and approved for replacement in 2021. Mascott Equipment Company offers fuel system card
readers and software through the current Sourcewell contract (#092920-DVR) that would meet our
needs. This new fuel system upgrade would be purchased with ER&R funds.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Tina Hemphill PW, Tim Murphy M&O, Tim
Mixer M&O