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McKINLEY SERVICE & EQUIPMENT INC. 43687 Kalifornsky Beach Road Soldotna, Alaska 99669 (907) 262-2685 | FAX (907) 260-1984 _______________________________________________________________________________________ Terms & Conditions of MSE Quote 3232 3233 3234 3235 Water Condensed 1. CONTINGENCIES AND ACCEPTANCE Acceptance of Quote 3232 and 3233: is conditional on the signing by both SE and City of nalaska of uote #3232 and #3233, and the Terms Conditions below. Acceptance Period Payment Terms for Quote 3232 and 3233: offered in Section 3, below, are contingent on timely acceptance of the uote by City of nalaska such that Product ships prior to December 31, 2012. Acceptance of Quote 3234 and 3235: is conditional on Section 4(a) of the Conclusion of the Acceptance Period, the signing by both SE and City of nalaska of uote #3234 and #3235, and the Terms Conditions below. Payment Terms for Quote 3234 and 3235: offered in Section 5, below, are contingent on timely acceptance of the uote by City of nalaska. 2. PURCHASE OF PRODUCTS BY CITY OF UNALAS A (a) Ship Date. SE will use commercially reasonable efforts to ship Product ( reen achine 4000 and ancillary items) in a timely manner per the Purchase Order. Targeted ship date shall be determined following SE and City of nalaska’s acceptance of quote. SE will not be liable for any delay in delivery, regardless of cause. (b) Shipping. All shipments will be made FCA (per Incoterms 2010) from ElectraTherm’s facility or place of manufacture to City of nalaska’s address as set forth in page two (2) of this uote or other such address as City of nalaska specifies in writing prior to shipment. Delivery will be deemed complete and risk of loss or damage, as well as title, to the Products will pass to City of nalaksa upon delivery to the carrier. ElectraTherm will select the carrier and arrange shipping unless otherwise mutually agreed to by all parties. City of nalaska will advance pay all costs of transportation, any insurance requested by City of nalaska, export and import fees, customs brokerage expenses and similar charges. City of nalaska, at its expense, will make and negotiate any claims against any carrier, insurer, customs broker, freight forwarder or customs collector. Shipping Charges. ElectraTherm will update the shipping quote within 10 days before shipment. Shipping charges are due and payable prior to shipment. (c) Taxes. In addition to any payments due to SE under this Agreement, City of nalaska will pay, indemnify and hold SE harmless from any sales, use, excise, import or export, value added or similar tax, not based on SE’s net income (collectively the “Taxes”) and any penalties or interest associated with any of the Taxes, imposed by any governmental authority with respect to either Page 7 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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