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HomeMy WebLinkAboutC20-250 High Country GasHigh Country Gas & Supply 1039 Pitkin Avenue Store Hours: Grand Junction, Co 81501 Monday – Friday: 7:00-5:30 Phone #: (970) 245-2113 Saturday: 8:00-2:00 Fax #: (970) 245-0411 Sunday: Closed CYLINDER GAS AGREEMENT High Country Gas & Supply, Inc. (“Seller”) hereby agrees to sell, and Eagle County (“Purchaser”) hereby agrees to purchase its requirements of cylinder products described herein upon the following terms and conditions: 1.Cylinder Size, Product Description, Price, and Rental Rate. The price for products delivered to the Purchaser by Seller shall be as follows: Cylinder Style Product Description Cylinder Size Cylinder Gas Price Cylinder Rental Rate OXM250 Medical Oxygen 250 cf $46.90 $100 per year NI300 Industrial Nitrogen 300 cf $42.85 $100 per year AR300 Industrial Argon 300 cf $97.50 $100 per year OX250 Industrial Oxygen 250 cf $39.25 $100 per year AC140 Acetylene 140 cf $49.50 per phcf (per hundred cubic feet) $100 per year ARCD25075/25 Argon/ CO2 Mix 250 cf $88.90 $100 per year NI400 Industrial Nitrogen 400 cf $58.00 $100 per year *Delivery fee of $25.00 will also be added per delivery Plus any sales or excise taxes now or hereafter imposed by reason of the sale of products or delivery of the products to Purchaser. 2.Terms, Inspection, and Return of Cylinders. (a)Terms: Net cash within thirty (30) days of date of invoice. (b)Purchaser shall pay to Seller rent for the use of each of Seller’s cylinder(s) in Purchaser’s possession at Seller’s established rental rates. Purchaser shall inspect each cylinder at the time it is delivered and by acceptance of the cylinder acknowledges that it is in good and serviceable condition. Purchaser shall pay to Seller, upon demand, at Seller’s established valuations and rates, for loss of or damage to any cylinder(s) or fittings resulting from any cause after delivery thereof to Purchaser until it is returned to Seller. Title to any rented cylinder(s) delivered to Purchaser hereunder shall remain with Seller at all times and such cylinder(s) shall be filled solely with products sold and delivered to Purchaser by Seller. It is understood that all cylinder(s) shall be accounted for by type and quantity rather than by serial number and Purchaser hereby agrees that all cylinders delivered hereunder shall be deemed to be in the possession of Purchaser except to the extent Purchaser had in his possession delivery tickets signed by an authorized agent of Seller showing delivery thereof to Seller. Purchaser DocuSign Envelope ID: C7AD46EB-7745-4156-8F2E-746073C42BE4 C20-250 shall promptly return each cylinder to Seller when it is empty and in any event upon termination of this Cylinder Gas Agreement. 3. Invoices. Seller shall submit invoices to Purchaser for products sold and delivered, delivery charges, cylinder rent and sale or excise taxes and such invoices shall be payable upon presentment without discount, as applicable at Seller’s established rates for these services. It is agreed that timely payment, by Purchaser of all amounts due and owing to Seller hereunder is an express condition to the continued performance by Seller of its obligations hereunder. 4. Termination. Either party may terminate this Agreement, with or without cause, upon providing the other party fourteen (14) days written notice. 5. Entire Agreement and Acceptance. This Agreement is subject to acceptance by an executive officer of Seller. This Agreement constitutes the entire agreement between the parties relating to the sales of Seller’s product during the specified terms hereof. No modification or waiver of any of the terms of this Agreement shall bind Seller unless it is in writing and signed and accepted by an executive officer of Seller. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns; but in no event shall Purchaser have the right to assign its interest in this Agreement to any other person without the prior written consent of the Seller. 7. This Agreement shall be governed by the Laws of the State of Colorado. Seller: Purchaser: High Country Gas & Supply, Inc. Eagle County 1039 Pitkin Avenue 219 Eldon Wilson Road Grand Junction, Co 81501 Gypsum, Co 81637 Signature: _______________________________ Signature: ___________________________ Title: ___________________________________ Title: _______________________________ Date: ___________________________________ Date: _______________________________ DocuSign Envelope ID: C7AD46EB-7745-4156-8F2E-746073C42BE4 7/9/2020 President County Manager 7/9/2020