Kustom Signals Quote

City of El Mirage — Regular Meeting (2020-11-05)

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l«@ Quotation

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KUSTOM SIGNALS, INC.
9652 Loiret Bhd, Lenexa, KS 66219-2406
913-492-1400 Fax 913-492-1703
salee@kustomsignals.com vavv.kustomsignsls.com
Date — 10/19/2020
To... CHRIS CULP Quote # -292992234328PC
EL MIRAGE POLICE DEPT Terms Per Approved Terms
This Quote Expires on
12401 WEST CINNABAR AVE Phone 623-933-1341
EL MIRAGE AZ 85335-0026 Fax 623-815-2182
Qty Product Description UnitPrice SubTotal
*** AZ, Participating Agreement No. CTR043213***
3. ProLaser 4 bundle includes a Hogue grip, 8 AA rechargeable batteries with charger (4 $2,100.00 $6,300.00
of which are spares), USB to PC interface cable, 12 VDC to USB adapter, hard carry
case.
3 Following Too Close upgrade (No charge through 12/31/20) $0.00
SPR approved 10/21/20 by Robin Jess
3 SHIPPING & HANDLING COSTS (Included on PL4) $0.00
***Stealth Stat I not on State Contract***
1 StealthStat I Covert Traffic Data Collector. Includes IP-68 locking enclosure, $2,795.00 $2,795.00
Bluetooth & USB I/O, secure mounting hardware, KSI K-band directional RADAR
for approaching, receding, and both directions target data collection & config &
analysis software
1 Sales Tax (Est @ 9.3%) $845.84
| SHIPPING & HANDLING COSTS $50.00
Total $9,990.84

* Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee.

Toll Free 800-4KUSTOM (800-458-7866)

KUSTOM SIGNALS, INC.
TERMS AND CONDITIONS

1. APPLICABILITY, Unless otherwise specified in a written bid, quote
or contract, the following terms and conditions shall apply. These Terms
and Conditions shall apply to all transactions between Kustom Signals,
Inc. (*Seller”) and any of Seller’s intemational customers purchasing
products from Seller (“Buyer”}

2. PRICES AND TAXES. Prices will be Seller's prices in effect on the
date a purchase order is accepted by Seller, and Seller may change its
prices at any time, in its sole discretion. All international transactions
shall be Incoterms Ex-Works (“EX W”) from Seller's locations, as
directed by Seller, net of any duties, sales, use or similar taxes, fees or
assessments, and Seller’s prices do not intchide any shipping, packing or
insurance costs, all of which shall be the responsibility of the Buyer

3. PAYMENT. Payment is due according to the terms specified by

Seller on the invoice in US dollars. Partial payments are not permitted
unless authorized in writing. Partial payments will be treated as nonpayment
Each invoice is independent from shipping sequence and

disputes relating to other invoices. Failure to pay an invoice within terms
days will be considered a default

4 DELIVERY AND PERFORMANCE. Delivery

dates are approximate. Seller disclaims all liability for late or partial
detivery. Seller may deliver in such lots and at such times as is
convenient for Seller

5. LOSS IN TRANSIT. Risk of loss will pass to Buyer upon delivery of
the goods to the carrier, In case of breakage or loss in transit, Buyer will
have notation of same made on expense bill before paying freight. Seller
may reject claims for shortages not made within 1S days of Buyer's
receipt of the goods.

6. TERMINATION, RESTOCKING CHARGES.

Buyer may terminate this purchase order for convenience, in whole or in
part, by written notice received by Seller within 7 calendar days from
the date of the PO (NOTE: Expedited delivery orders are exempt from
the 7 day clause) and prior to delivery of the relevant goods to Buyer's.
carrier, In such case, Buyer will be liable to Seller for Seller's
reasonable costs incurred in the performance of such purchase order,
that Seller cannot mitigate. If Buyer terminates this purchase order for
convenience, Buyer will be liable to Seller for Seller's reasonable costs
incurred in the perfonnance of this purchase order (hat Seller cannot
mitigate, Unless otherwise agreed upon in advance in writing by Seller,
Seller may charge Buyer a 25% restocking fee, if (a) upon approval by
Seller, the Buyer returns any non-defective goods covered by this
invoice, or (b) prior to shipment, but afler the goods are produced by
Seller, Buyer cancels the order for the subject goods

7, WARRANTY. Seller's warranty is provided
separately.

8, LIMITATION OF LIABILITY. SELLER IS NOT LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES,
OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ASELLER
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH] LOSS, DAMAGES, CLAIMS OR COSTS, NOR IS SELLER
LIABLE R ANY CLAIM BY ANY THIRD PARTY. SELLER’S
AGGREGATE LIABILITY UNDER OR IN C “TION WITH
THIS PURCHASE ORDER [S LIMITED TO THE AMOUNT

9, INDEMNIFICATION. Seller and Buyer shall each indemnify the
other against any and all liability, damages, costs and expenses,
including without limitation reasonable altomey’s fees, made against or
sustained by such Party arising from the other Party’s gross negligence,
willful misconduct or failure to comply with applicable laws in
connection with the performance of this Agreement; provided, that, in no
event shall cither Party be responsible to the other for any compensation,
reimbursement or damages on account of the loss of praspective profits
or anticipated sales or for any expenditures investments, lease
commitments, property improvements or other commitments made by a
Party in connection with this Agreement.

10. EXPORT RULES. Exports and re-cxports of the goods may be
subject to United States export controls and sanctions administered by
the U.S. Department of Commerce Bureau of Industry and Security
under its Export Administration Regulations ("EAR"). Buyer shall
comply with all laws, rules and regulations applicable to the export or reexport
of goods including but not limited to EAR which includes, among
other things, screening potential transactions against the U.S.
Government's (i) list of prohibited end users, and (ii) list of prohibited
countries.

Buyer represents and warrants that (i) it has not been charged with,
convicted of, or penalized for, any violation of EAR or any statute
referenced in EAR §766.25, and (ii) it has not been notified by any
government official of competent authority that it is under investigation
for any violation of EAR or any statute referenced in FAR §766 25

11, MISCELLANEOUS. These tens and conditions, together with

any other wrilten agreement between Buyer and Seller, if any: {i) are the
exclusive statements of the parties with respect to the subject matter and
supersedes any prior or contemporaneous communications, (ii) may not
be amended except in writing executed by the parties and will prevail in
any case where the terms of Buyer's purchase order or other
communication are inconsistent; {iii) will be interpreted and enforced in
accordance with the laws of the State of Kansas, without giving effect to
principles of conflicts of law. These terms and conditions are: (1) solely
for the benefit of the parties, and no provision of these terms and
conditions will be deemed to confer upon any other person any remedy,
claim, liability, reimbursement, cause of action or other right. Each party
consents to the exchisive personal jurisdiction of the state and federal
courts located in the State of Kansas for purposes of any

suit, action or other proceeding arising out of this Agreement, waives
any argument that venue in any such forum is not convenient and agrees
that the venue of any litigation initiated by either of them in connection
with this Agreement will be in either the District Court of Johnson
County, Kansas, or the United States District Court, District of Kansas
If any provision of these terms and conditions is unenforceable, the
remaining provisions will remain in effect. No waiver (whether by
course of dealing or otherwise) is effective unless it is made in writing
and signed by the party to be charged with such waiver. Unless
otherwise specified in writing, notices must be given in writing by
registered or certified mail, return receipt requested, addressed to

Kustom Signals, Ine
Attn: Sales Dept.

9652 Loiret Boulevard
Lenexa, KS 66219