Agr Computer Partslntelog c Trace
TEXCOM GROUP
KEED THIS ~'~p¥ P9101343
AGREEMENT FOR PURCHASE
Agreement No.
Date:
7/19/91
INTELOGIC TRACE TEXCQM GROUP,INC. CITY OF SALINA
8415 DAT,,~::~)ZNT DR. Na~b%S~.~RASH
SAN ANTONIO, TEXAS 78229-8402 s~'~=A KS 0000067402
City State & Z,D Code
EQUIPMENT SCHEDULE
QTY. TYPE MODEL S/_N_ FEATURE(S) DESCRIPTION PRICE
1 9406 6040 USED IBM~v-ZNAXAL STATION CONTPJ~ 150.00
1 9406 6040 USED IBM TWINAXAL STATION CONTRLR 150.00
1 9406 6040 USED IBM%~4INAXAL STATION CONTRLR 150.00
1 9406 6040 USED IBM~INAXAL STATION CONTRLR 150.00
1 9406 6040 USED IBM TWINAXAL STATION CONT~LR 150.00
1 9406 2601 USED IBM 9346 MAGNETIC TAPE CONTRLR 2500.00
1 9406 2608 USED IBM 2440/9348 CQMPR/DECEM[PR AT 3300.00
1 9406 6111 USED IBM MAG STORAGE DEVICE CONTR 3350.00
1 9406 6221 USED IBM BASE SIX-LINE EXPANSION 1600.00
1 9346 001 17438 USED IBM .25" CARTRIDGE TAPE UNIT 1500.00
LOCATION OF MACHIN~
TOTAL PURCHASE PRICE
13,000.00
PURCHASE PRICE'
The purchase price of the Machine(s) ~s $
provided.
13,000.00
which shall be pa~d on the day the Machlnefs) are delivered to PURCHASER as hereinafter
AVAILABILTY OF MACHINE(S)
SELLER warrants that the Machine(s) wdl be available for delivery to PURCHASER on or about AUGUST 8_. 1991 In addition. SELLER agrees that
if it shall fail to make delivery ~n accordance wtth above, then PURCHASER shall, at its option, have the right to terminate this Agreement, whereupon SELLER shall refund all
payments which it has received from PURCHASER.
TERMS AND CONDITIONS
The Seller agrees to sell, and the F~URCHASER agrees to purchase, the equipment listed above Ihereinafter referred to. individually, as the "Machine" and. collectively, as the
"Machines")
Accepted by:
INTELOGIC TRACE TEXCOM GROUP, INC.
Accepted by:
CITY OF SALINA
!Seller's Name)
Title
Date / 7/19/91
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF AND ON THE
FOLLOWING PAGES ARE INCORPORATED IN AND MADE PART OF THIS AGREEMENT
1. Maintenance
SELLER warrants that the Machine(s) have been continu-
ously maintained by the manufacturer under the manufacturer's main-
tenance agreement and have not been subjected to excessive use.
SELLER warrants that the Machine(s) will be at current engineering
levels at the time of delivery SELLER will provide PURCHASER with
a letter from the manufacturer stating that the Machine(s) are at
currently announced engineering change levels and are qualified for
the manufacturer's maintenance agreement.
2. Shipping Group Items
SELLER agrees that all of the normal sh~ppmg group ~tems
as defined by the manufacturer wdl accompany the Machine(s) when
they are delivered to PURCHASER'S common carrier These sh~pping
group items are to include (i) a complete set of cables for each
machine (ii) terminators where required (iii) machine diagnostics (iv)
machine wiring diagrams (v) special tools that normaity accompany a
machine (vi) any forms stands that normally accompany machine (vii)
maintenance, parts and theory of operations manuals where appropri-
ate and (viii) any shipping group ~tems that normally accompany
machine as defined by the manufacturer.
3. Delivery
SELLER wilt prepare the Machine(s) for shipping using the
manufacturer's standard packing materials and wilt be responsible for
the movement of the Machineis) to its loading dock at the time
designated by PURCHASER. PURCHASER will be responsible for
transportation of the Machine(s) from this point. Irrespective of any
other provisions hereof, SELLER wd! bear risk of damage from fire, the
elements or otherwise until compietion of loading the Machine(s) on
transportation vehicle. At such time as it is placed on a common carrier,
Machine(s) will be at the risk of PURCHASER.
4. Title
Title will be free and clear of all liens, claims and encum-
brances of any kind, and shall vest in PURCHASER upon delivery and
payment for the Machine(s). SELLER agrees to provide PURCHASER
with a bill of sale for the Machine(s) on receipt of payment in full.
The terms of this Agreement are intended by the parties as
a final expression of their Agreement with respect to restrictions and
also a complete and exclusive statement of such terms with all prior
correspondence and representations (including, without limitations.
any purchase order submitted by PURCHASER to the SELLER) being
superseded by this Agreement.
8. Rejection of Goods
Any rejection of goods for being noncomforming under the re-
quirements of this contract must be made within 20 days after the
delivery by the PURCHASER sending written notification to the
SELLER of the reiection, the basis of the alleged noncomformity of the
goods, and the description of that portion of the shipment being
rejected.
On receipt of notification of rejection, the SELLER will imme
diately arrange to receive back the goods for shipment and return.
9. The exclusive remedy of the SELLER under this Agreement is to
have the goods not paid for returned and to receive the pnce with
~nterest for any goods not paid for and not returned.
10. Any and alt costs incurred by parties to enforce this Agreement or
defend any claims under this Agreement to include but not limited to
attorney fees and Court costs shall be borne by the prevailing part.,,,
11. This Agreement shall be binding upon and inure to the benefit of
the pames hereto and their respective heirs, executors, admin~stra
tors. legal representatives, receivers and assigns where permitted by
this Agreement.
12. In case any one or more of the provisions contained in this contract
shall for any reason be held invalid, illegal, or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any
other provisions thereof and this contract shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained
herein.
5. Condition of Machine(s)
SELLER wilt permit PURCHASER to tnspect the log book
and the Machine(s) for General appearance at or before the time of
acceptance of this Agreement and to maintain the Machine(s) there-
after so that no deterioration or excessive use shall occur before the
delivery of Machine(s); or if such deterioration should occur SELLER
shall use its best efforts to correct andor have the manufacturer
perform corrective measures to assure an acceptable condition of the
Machine(s).
6. Taxes
PURCHASER will be responsible for payment of all taxes
imposed upon SELLER by taxing authorities by reason of the sale and
delivery herein provided for. Notwithstanding the above, PURCHASER
warrants the purchase is for resale or lease only,
7. General
The parties acknowledge that the transaction which is the
subject matter of this Agreement bears a reasonable relation to the
State of Texas and agree that the taw of Texas will govern their rights
and duties. The parties specifically intend the provisions of ',he law of
Texas cited as Uniform Commercial Code - Sales will control as to all
aspects of this Agreement and its interpretation, and that all the
definitions contained therein will be applicable here except where this
Agreement may expressly provide otherwise.
13. The PURCHASE R and SELLER may assign their rights hereunder
upon giwng reasonable notice to the other party.
14. Time is of the essence in this Agreement and each and every
provision contained therein
15. The parties hereto covenant and warrant that the persons execut-
ing this Agreement on their behalf have been duly authorized to
execute this Agreement. and this Agreement constitutes a valid and
binding obligation of the parties hereto.
16. Texas Law to Apply: This Agreement shall be construed under and
~n accordance with the taws of the State of Texas, and all obligations
of the party created hereunder are performable in Bexar County,
Texas. The parties agree that venue for any action brought under this
Agreement shall be Bexar County, Texas.
17. If this Agreement shall be executed by the PURCHASER prior to
being executed by the SELLER, it shall become voidable, at the
PURCHASER'S option, five days after the date of the PURCHASER'S
execution thereof unless the PURCHASER shall have recewed by
such date a copy thereof, executed by an au:thorized representative of
the SELLER,