HomeMy WebLinkAboutEQUIP QUOTE - S15020 (41700-TX1) EPS - ROM Budget Proposal Rev 0
ROM BUDGET – SW73054 USED FOR
REFERENCE
November 23, 2021
EPSI
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 6
S15020 (41700-TX1)
PDC with 5KV SWGR
ROM BUDGET Rev 0
Attn: John Venables
System Proposal for:
General Purpose Power Distribution Center
125VDC Battery System
Medium Voltage Metal-Clad Switchgear
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 7
Table of Contents
ROM Budget Commercial Summary with Brief Description ........................................................... 8
General Terms and Conditions of Sale .......................................................................................... 13
Clarifications, Comments, and Exceptions ................................................................................... 15
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 8
ROM Budget Commercial Summary with Brief Description
Base Price includes the following equipment & services $ 1,300,000 USD
• Climate Controlled, 44’ x 19’ x 11’h ID Power Distribution Center
• HVAC System with No Redundancy
• 125VDC Battery System
• Utilities
• Panelboard
• Medium Voltage Metal-Clad Switchgear
• 15 Sections – Nema 1
• 1200amp breakers,
• PTs
• CTs
• Relaying)
• Indication Lights
• Switches
• Engineering, Design, Project Management, O&M Manuals, and Technical Literature
Bid Validity
30 Days
Delivery
Approval Drawings 8-10 weeks ARO
Customer Approval: 2 weeks
Delivery 28-32 weeks ARAD
Freight
FCA, Sellers Factory – (Beaumont, TX., Ontario, CA, North Canton, OH)
Progress Payments (payable per unit)
1) 20% Upon Submittal Submission
2) 30% Release for Fabrication
3) 30% Manufacturing Complete
4) 10% Ready for test
5) 10% Shipment
Payment due when milestone is achieved and invoice received.
Terms of Payment
Net 30 Days - Progress Payment Terms Apply – Pending Credit Verification; No Retentions Allowed
Purchase Order
If Awarded please make Purchase Order out to (Myers Power Products, Inc., Myers M&I Electric LLC,
Myers Controlled Power, LLC)
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 9
Factory Location
Myers Power Products has three (3) factory locations (Ontario, CA, Beaumont, TX, North Canton, OH)
Final Factory location will be determined at time of PO which will be based on current shop loadings
from each facility.
Cancellation Policy
An order may be canceled by the purchaser only upon the written notice and upon payment to the
company of reasonable and proper cancellation charges. The expenses to be covered by these charges
would include an unrecoverable cost incurred by the company. In addition, a one-time charge will be
made to compensate for lost profits, disruptions in schedules, planned production and other indirect
costs. It is recognized that it is impossible to determine exactly these indirect costs. As such, it is agreed
that the one-time charge is acceptable and proper. Total cancellation charges will be calculated as
follows:
Order Entry:
After receipt of an order at the factory and order processing, but prior to the start of engineering, there
will be a one-time 5 percent charge, with a minimum of $1,000.00 for any one order.
Release for Engineering:
After an order has been released for engineering, there will be a one-time 10 percent charge for
cancellation plus any actual costs incurred including vendor cancellation charges, engineering labor
expended plus costs associated with engineering overhead, selling, general and administrative expenses.
Release for Manufacture:
After an order has been released for manufacture and scheduled for production, there will be a one-
time 10 percent charge for cancellation plus any actual costs incurred including, but not limited to,
vendor cancellation charges, all materials received or expended, shop and engineering labor plus costs
associated with manufacturing and engineering overhead, selling, general and administrative expenses.
Cancellation within 61-90 days of scheduled completion:
Cancellation charge will be a minimum of 50 percent of the contract value.
Cancellation within 31-60 days of scheduled completion:
Cancellation charge will be a minimum of 75 percent of the contract value.
Cancellation within 30 days of scheduled completion:
Cancellation charge will be 100 percent of the contract value.
In addition to the above charges, a reasonable profit of 10 percent will be allowed and payable against
all identified costs incurred by the time of cancellation. Cancellation costs will be due and payable within
30 days of submittal of a proper invoice for such costs. Any amount not paid within 30 days will be
subject to late charges of 1 ½ percent per month for each fraction of a month that payment is received
late at Myers Power Products, Inc.
Service Offering
As an integrated products and services company we would like also to provide you with installation,
commissioning and startup services. Our testing services can confirm the equipment was not
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 10
compromised during shipment or installation, meets factory specifications, insures a reliable start-up
and establishes a base line for future reference. In addition we have maintenance and electrical
equipment testing services available for your new and existing equipment. These services include:
-Repair and upgrade services for transformers, breakers, and switchgear and motor controls
-Electrical maintenance programs
-Drive, automation and control system services
-E&I construction services including switchgear installation, new project and plant upgrades
On Site Services
Domestic service
• Start-up services can be provided at $1,700 per person, per day based on 12 hours per day.
Additional hours will be billed at 1.5 above rate.
Travel and living expenses will be invoiced at cost plus 25 percent
International Service
• Start-up services can be provided at $1,900 per person, per day based on 12 hours per day.
Additional hours will be billed at 1.5 above rate.
Travel and living expenses will be invoiced at cost plus 25 percent
Customer Inspection and Factory Acceptance Testing
• Customer inspection of equipment at Myers Power Products, Inc. is included in the quoted base
price.
• Customer witnessing of factory accepting testing will be charged $2,500 per day. This is not
included in our base price.
Escalation - Material, Delay & Storage
Escalation: For shipments beyond standard delivery times, price will be escalated 0.8% per month or by
a fee based on the U. S. Department of Labor Bureau of Labor Statistics Producer Price Index for
switchgear and switchboard apparatus manufacturers. Escalation option to be determined at time of
order.
Customer Delay: Should customer delay any critical path item (e.g. drawing approval, owner furnished
equipment arrival, acceptance testing delay, etc.) by more than 30 days, the company will bill customer
directly based on the actual percentage of the project completed to date, and will then charge 0.8% per
month project delay fee or equipment storage fee determined by Myers Power Products, Inc. at time of
delay.
Storage: Storage cost (e.g. insurance, power requirements, administrative costs, etc.) will be based on
cost plus 20%. These costs are negotiable at time of order.
Pricing for this proposal and all future orders may increase if the US Department of Labor Statistics
Producer Price Index for “Switchgear and Switchboard Apparatus Mfg.” increases after the date of this
proposal.
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 11
Documentation Control
All project documentation and corresponding transmittals, unless agreed otherwise and shown the
Project Engineering Deliverables Schedule, shall be made in accordance with Myers Power Products, Inc.
document control process as outlined below:
Media Type: Electronic
File Format: Adobe PDF (Non-OCR Enabled)
Transmittal Method: Bulk upload/download via Myers Power Products, Inc. document control portal
(major sub-supplied equipment drawing packages are subject to sub-supplier’s standard documentation
and transmittals).
Project Documentation
Myers Power Products, Inc. standard engineering documentation covers the following technical
information as applicable to the equipment ordered:
General:
- Equipment Data Sheets
- Bill of Materials and nameplate information
- Recommended Startup and Spare parts
Mechanical:
- Plan, arrangement, front and sectional views
- Main bus bar location and arrangement
- Equipment interfaces and assembly details
- Equipment weight and anchoring locations
- Center of gravity and lifting details
Electrical:
- Single line and three line diagrams
- Protection and relay control schematics for electrically operated devices
- AC/DC distribution and equipment utility diagrams (space heater circuits, lighting, small power,
etc)
- Device, terminal connection and switch development information
- Panel and cable schedules
- Automation/PLC I/O circuits
Please refer to the Project Engineering Deliverables sheet(s) for equipment specific documentation
details
Warranty Period
12 months after energization or 18 months after shipment, whichever occurs first; Myers Power
Products, Inc. standard terms and conditions of sale shall apply
LD’s / Backcharges
Myers Power Products, Inc. does not accept any Liquidated Damages or Back Charges
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 12
WBE/CPUC
**WBENC CERTIFIED – NATIONAL CERTIFICATE #2005122921
**CPUC CERTIFIED
For FBO Equipment (Furnished by others)
Myers Power Products, Inc. is to be provided a current Certificate of Insurance and shown as additional
insured prior to our company receiving any/all customer furnished material. The Certificate of Insurance
is due two (2) weeks after order placement; however, prior to our receipt of FBO (furnished by others)
material. If FBO material is shipped to Myers prior to our receipt of the Certificate of Insurance showing
Myers Power Products, Inc. as additional insured, the material will be turned away at the dock.
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 13
General Terms and Conditions of Sale
MYERS POWER PRODUCTS, INC. is referred to herein as "Seller". The person, firm, or
corporation to whom or which these Standard Terms and Conditions of Sale apply is called
"Purchaser". The MYERS products covered by these terms are referred to herein as the
"Products". These Standard Terms and Conditions of Sale are referred to herein as "Terms
and Conditions" and shall remain in full force and effect unless superseded by “Special
Terms and Conditions” as submitted by Myers Power Products.
(1) TERMS OF OFFER (QUOTATION) - This quotation constitutes an offer to
sell according to the terms set forth herein. Unless otherwise indicated this offer shall
remain open for thirty (30) days only from the date of this quotation, and shall be deemed
accepted by the purchaser only upon receipt and acceptance by the seller of a purchase
order from the purchaser. Acceptance of this offer by the purchaser is expressly limited to
the terms hereof and in the event that the purchase order from the purchaser states terms
additional to or different from those set forth herein, this offer shall be deemed a notice of
objection to such additional or different terms and rejection thereof. Any acknowledgment
sent by the seller to the purchaser subsequent to the seller’s receipt of a purchase order
from the purchaser shall not be deemed to be an acceptance by the seller of any offer by
the purchaser, and shall not alter the Terms and Conditions of this offer.
(2) PRICES AND TERM - These products are sold F.O.B. point of shipment. If
FOB destination required, add 2% to sell price.
1. Published prices cover standard domestic packing only.
2. Unless otherwise indicated, terms of payment are net thirty (30) days from
date of shipment.
3. Payments not made when due shall bear interest at 2% per month until
payment is made.
4. Minimum charge on any order is two hundred and fifty dollars ($250.00) plus
transportation costs.
5. When drawings for approval are required for any Product(s), the drawings
applicable to those Products must be returned within 30 calendar days from
the date of the original mailing of the drawings by Seller. The return drawings
must be released for manufacture and shipment and must be marked
“APPROVED” or “APPROVED AS NOTED.” Drawing re- submittals which are
required for any other reason than to correct Seller errors will not extend the
30-day period.
6. If the Buyer initiates or in any way causes delays in shipment, provision of
Services or return of approval drawings beyond the periods stated above, the
price of the Products or Services shall be increased a minimum of 1% per
month or fraction thereof up to a maximum of 18 months from the date of the
Buyer’s order. For delays resulting in shipment or provision of Services beyond
18 months from the date of the Buyer’s order, the price must be renegotiated.
Prices are subject to change without notice. Unless otherwise indicated seller reserves the
right to invoice at prices in effect on date of shipment.
(3) PAYMENTS - Unless otherwise indicated, pro rata payments shall become
due as shipments are made. If shipments are delayed by the purchaser, then payments
shall become due on the date that the seller is prepared to make shipment. If the work to
be performed hereunder is delayed by the purchaser, payments shall be made based on
the purchase price and the percentage of completion. Equipment held for the purchaser
shall be at the risk and expense of the purchaser. If the financial condition of the purchaser
at any time does not, in the judgment of the seller, justify continuance of the work to be
performed by the seller hereunder on the terms of payment as agreed upon, the seller may
require full or partial payment in advance or shall be entitled to cancel any order then
outstanding and shall receive reimbursement for its reasonable and proper cancellation
charges, and in the event of bankruptcy or insolvency of the purchaser or in the event any
proceeding is brought against the purchaser, voluntarily or involuntarily, under the
bankruptcy or any insolvency laws, the seller shall be entitled to cancel any order then
outstanding at any time during the period allowed for filing claims against the estate and
shall receive reimbursement for its reasonable and proper cancellation charges.
(4) DELAYED PAYMENT - If payments are not made in accordance with these
terms, a service charge will without prejudice to the right of Seller to immediate payment,
be added in an amount equal to the lower of 2% per month or fraction thereof or the
highest legal rate on the unpaid balance. A grace period for the first month is 15 days.
(5) FINANCIAL CONDITION OF BUYER - If the financial condition of the Buyer
at any time is such as to give the Seller, in its sole judgment, reasonable grounds for insecurity
concerning Buyer’s ability to perform its obligations under this Agreement, Seller may require
full or partial payment in advance and suspend performance hereunder, until such payment
has been received. Failure to furnish such payment within ten (10) days of demand by Seller
shall constitute a breach of this Agreement.
(6) COLLECTION COSTS - Buyer shall pay to Seller reasonable costs of collection
of money due and unpaid, including reasonable attorney’s fees.
(7) TAXES - The amount of any federal, state or municipal tax applicable to the
product, which the seller shall be required to pay, either on its behalf or on behalf of the
purchaser, shall be added to the prices contained herein and paid by the purchaser unless
stated otherwise.
(8) DRAWING APPROVAL - Seller will design the Products in line with, in
Seller’s judgment, good commercial practice. If at drawing approval Buyer makes changes
outside of the design as covered in their specifications, Seller will then be paid reasonable
charges and allowed a commensurate delay in shipping date based on the changes made.
(9) DELIVERY - Delivery dates are estimates of approximate dates of delivery,
not a guarantee of a particular day of delivery, and are based on the prompt receipt of all
necessary information from the purchaser and return of approval drawings within two (2)
weeks after submittal when applicable. Furthermore, delivery dates are based on an assumed
ration of acceptances. If this assumption should prove incorrect, the seller may have to
allocate its production time and thereby adjust the delivery dates. Customer’s failure to
receive goods within a reasonable period of time may result in a price increase at the
discretion of Seller.
(10) PREPAID FREIGHT DELIVERY - The method and route of all prepaid freight
shipments are optional with the seller. Where the purchaser specifies that shipment be made
other than the usual method and route of shipment, the additional expense will be borne by
the purchaser.
If destination may be reached in part by boat shipment only, water shipment will be made at
the purchaser’s expense collect. In addition to the water shipping charges, cartage to the boat
will be made at purchaser’s expense. If shipment is accepted by the purchaser at one
destination and re-forwarded by him, the re-forwarding is at the purchaser’s expense. No
allowance will be made for freight if purchaser accepts shipments at the factory or if collect
shipments are requested.
(11) TITLE AND INSURANCE - Title to the product(s) and risk of loss or Damage
shall pass to Purchaser at the F.O.B. point, except that a security interest in the product(s) and
proceeds and any replacement shall remain in Seller, regardless of mode of attachment to
realty or other property, until the full price has been paid in cash. Purchaser agrees to do all
acts necessary to perfect and maintain said security interest, and to protect Seller’s interest by
adequately insuring the product(s) against loss or damage from any external cause with Seller
named as insured or co-insured.
(12) FORCE MAJEURE - The seller shall not be liable to the purchaser for any
failure or delay in complying with the Terms and Conditions of this agreement if such failure or
delay shall be due to any act of God, nature or the public enemy, accident, explosion,
operation malfunction or interruption, fire, storm, earthquake, flood, drought, perils of the
sea, strikes, lockouts, labor disputes, riots, sabotage, embargo, war (whether or not declared
and whether or not the United States is a participant), federal, state, or municipal legal
restriction or limitation or compliance therewith, failure or delay of transportation, shortage
of, or inability to obtain raw materials, supplies, equipment, fuel, power, labor or other
operational necessities, interruption or curtailment of power of other energy or fuel supply or
any other circumstances of a similar nature beyond the reasonable control of the seller. In this
connection, the seller shall not be required to resolve labor disputes or disputes with supplier
of raw materials, supplies, equipment, fuel or power, but may in accordance with its best
interest do so. This section shall be cumulative with the provisions of the applicable section of
the Uniform Commercial Code, or similar laws, enacted in the state described in the paragraph
captioned “Governing Laws”, relating to excuse of seller by reason of the failure of
presupposed conditions.
(13) CLAIMS FOR SHORTAGES OR SHIPPING DAMAGES - Any material
received damaged must be so noted on the delivery receipt by the delivering carrier at time of
delivery and reported to the seller no later than seven (7) days after receipt of shipment.
Concealed damage claims must be reported and confirmed in writing to the delivering carrier
no later than ten (10) days from date shipment was originally received in accordance with ICC
regulations. Claims for shortage material, in writing, must be made to the seller within twenty
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 14
(20) days after receipt of shipment. For any claims under this Paragraph (13) for which the
seller may be liable, the purchaser’s exclusive remedy shall be the repair or replacement,
F.O.B. factory, as the seller may elect, of such material and NO in and out charges are allowed.
(14) CONCEALED DAMAGE - Except in the event of F.O.B. destination
shipments, Seller will not participate in any settlement of claims for concealed damage.
When shipment has been made on an F.O.B. destination basis, the Buyer must unpack
immediately and, if damage is discovered must:
Not move the Products from the point of examination.
Retain shipping container and packing material.
Notify the carrier in writing of any apparent damage.
Notify Seller representative within 72 hours of delivery.
Send Seller a copy of the carrier’s inspection report.
(15) RETURN OF MATERIAL - The seller’s permission must be obtained in
writing before any products are returned to it by the purchaser for any reason whatsoever. If
products are returned without such permission, purchaser authorizes the seller, in addition to
such other remedies as it may have, to hold the returned products at purchaser’s sole risk and
expense. When the purchaser requests authorization to return material for reasons of his own,
the purchaser will be charged for placing the returned goods in salable condition, restocking
charges and for any outgoing and incoming transportation paid by the seller.
(16) STORAGE - Any item of the product(s) on which manufacture or shipment is
delayed by causes within Purchaser’s control, or by causes which affect Purchaser’s ability to
receive the product(s), may be placed in storage for an agreed upon amount by Seller for
Purchasers account and risk.
(17) WARRANTY - Seller warrants title to the product(s) and, except as noted
below with respect to items not of Sellers manufacture, also warrants the product(s) on date
of shipment to Purchaser, to be of the kind and quality described herein, merchantable, and
free of defects in workmanship and material.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND CONSTITUTES
THE ONLY WARRANTY OF SELLER WITH RESPECT TO THE PRODUCT(S).
If within one year from date of initial operation, but not more than eighteen
months from date of shipment by Seller of any item of product(s), Purchaser discovers that
such Item was not as warranted above and promptly notifies Seller in writing thereof, Seller
shall remedy such nonconformance by, at Seller’s option, adjustment or repair or replacement
of the item and any affected part of the product(s). Purchaser shall assume all responsibility
and expense for removal, reinstallation, and freight in connection with the foregoing
remedies. The same obligations and conditions shall extend to replacement parts furnished by
Seller hereunder. Seller shall have the right of disposal of parts replaced by it.
ANY SEPARATELY LISTED ITEM OF THE PRODUCT(S) WHICH IS NOT
MANUFACTURED BY SELLER IS NOT WARRANTED BY SELLER, and shall be covered only by the
express warranty, if any, of the manufacturer thereof.
THIS STATES PURCHASER’S EXCLUSIVE REMEDY AGAINST SELLER AND ITS
SUPPLIERS RELATING TO THE PRODUCT(S), WHETHER IN CONTRACT OR IN TORT OR UNDER
ANY OTHER LEGAL THEORY, AND WHETHER ARISING COST OF WARRANTIES,
REPRESENTATIONS, INSTRUCTIONS, INSTALLATIONS OR DEFECTS FROM ANY CAUSE. Seller and
its suppliers shall have no obligation as to any product which has been improperly stored or
handled, or which has not been operated or maintained according to instructions in Seller or
supplier furnished manuals.
(18) WARRANTY FOR SERVICES - Seller warrants that the Services performed
by it hereunder will be performed in accordance with generally accepted professional
standards.
The Services, which do not so conform shall be corrected by Seller upon notification in writing
by the Buyer within one (1) year after completion of the Services. Unless otherwise agreed to
in writing by Seller, Seller assumes no responsibility with respect to the suitability of the
Buyer’s equipment or with respect to any latent defects in the same. This warranty does not
cover damage to Buyer’s equipment, components or parts resulting in whole or in part from
improper maintenance or operation or from their deteriorated condition. Buyer will, at its
cost, provide Seller with unobstructed access to the defective Services, as well as adequate
free working space in the immediate vicinity of the defective Services and such facilities and
systems, including, without limitation, docks, cranes and utility disconnects and connects, as
may be necessary in order that Seller may perform its warranty obligations. The conducting of
any tests shall be mutually agreed upon and Seller shall be notified of, and may be present at,
all tests that may be made.
Extended Warranties may be purchased prior to shipping for a fee. Fees for Extended
Warranties are calculated on a project analysis basis but in no case shall be less than 3% per
year for each year the warranty is extended up to a maximum of 5 years.
(19) CANCELLATIONS - Cancellations or modifications of an order by the
purchaser will only be accepted by the seller in writing and on the basis that the seller will be
paid for expenses incurred up to the time that the cancellation or modification is accepted by
the seller. A minimum charge of
$500.00 will be assessed. Unless otherwise provided, if there has been an accumulation of
materials engineering or drafting, the cancellation will be based on actual costs incurred, plus
a reasonable allowance for overhead and profit up to 100% of selling price.
(20) LIQUIDATED DAMAGES - Contracts which include liquidated damage
clauses for failure to meet shipping or job completion promises are not acceptable or binding
on Seller unless such clauses are specifically accepted in writing by an authorized
representative of the Seller at its headquarters office. Seller shall not be responsible for any
failure to perform, or delay in performance of, its obligations resulting from the COVID-19
pandemic or any future pandemic.
(21) BACKCHARGES AND ALTERATIONS - The seller will not be responsible for
any back charges to correct any possible manufacturing error, or any modifications to meet
existing conditions or for any reason whatsoever unless authorized by the seller in writing. Any
field problem should be reported to MYERS POWER PRODUCTS.
(22) LIMITATION OF LIABILITY - The purchaser’s exclusive remedy on any claim
of any kind for any loss or damage arising out of, connected with, or resulting from this
contract, or from the performance or breach thereof, or from the design, manufacture, sale,
delivery, resale, or repair or use of any products covered by or furnished under the contract,
including but not limited to any claim of negligence or other tortious breach, shall be the
repair or replacement, F.O.B. factory, as the seller may elect, or the product or part thereof
giving rise to such claim, except that the seller’s liability for such repair or replacement shall in
no event exceed the contract price allocable to the products or part thereof which gives arise
to the claim. THE SELLER SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
(23) GENERAL - Any assignment of the order, or any rights hereunder, by the
purchaser without written consent of the seller shall be void. The provisions of any contract
resulting from the order are for the benefit of the parties thereto and not for any other
person. No waiver, alteration, or modification of any of the provisions hereof shall be binding
unless in writing and signed by a duly authorized representative of the seller.
ANY PURCHASE ORDER PURSUANT TO THE ACCOMPANYING QUOTATION SHALL BE SUBJECT
TO THE APPROVAL OF SELLER’S CREDIT DEPARTMENT AND SHALL NOT RESULT IN A CONTRACT
UNTIL IT IS ACCEPTED AND ACKNOWLEDGED BY SELLER AT SELLER’S FACILITY.
(24) AUTHORITY OF SELLER’S AGENTS - No agent, employee or representative
of the seller has any authority to bind the Seller to any affirmation, representation or warranty
concerning the goods sold under this Agreement, and unless the affirmation, representation,
or warranty made by an agent employee or representative is specifically included herein, it has
not formed a part of the basis of this bargain and shall not in any way be enforceable.
(25) PROPRIETARY RIGHTS - The sale of the goods hereunder to Buyer shall in
no way be deemed to confer upon Buyer any right, interest or license in any patents or patent
applications Seller may have covering the goods by Seller retains for itself all proprietary rights
in and to all designs, engineering details and other data and materials pertaining to any goods
supplied Seller and to all discoveries, inventions, patents, and other proprietary rights arising
out of the work done in connection with the goods or with any and all products developed as a
result thereof, including the sole right to manufacture any and all such products. Buyer
warrants that he will not divulge, disclose, or in any way make use of such information (as built
drawings, software and design information), and that it will not manufacture or engage to
have manufactured such products.
(26) GOVERNING LAW - Any contract formed pursuant to this quotation shall be
governed by and construed in accordance with the laws of the State of California.
(27) These Terms & Conditions shall remain in full force and effect and shall be
deemed as accepted upon receipt of Purchase Order from Purchaser unless superseded by a
modified T&C, specified and agreed in writing by an Officer of the Company of both Purchaser
and Seller.
EST-PC-250_rev 1 9/2/2021 - Uncontrolled if
Printed
S15020 (41700-TX1)EPSI – ROM BUDGET | Rev. 0 – November 23, 2021 15
Clarifications, Comments, and Exceptions
NOTE: THE FOLLOWING CLARIFICATIONS, COMMENTS AND EXCEPTIONS MUST BE ACKNOWLEDGED
AND RESOLVED IN WRITING PRIOR TO ANY PROJECT AWARD.
Pricing is developed using SW73054 as a reference --- Pricing is only an ROM at this time. Pricing may
be +/- 20% due to unknowns.
General
• Standard Myers Power Products, Inc. inspection and test procedures will be performed on all Myers
Power Products, Inc. furnished equipment in an ISO 9001 certified facility. Myers Power Products,
Inc. standard documentation package is quoted.
• Commissioning and two year spare parts list will be finalized after BOM acceptance.
• Welding will be per AWS D1.1.
• Material origins were not specified and shall be determined by Myers Power Products, Inc. and our
sub-vendors.
• Drawings shall be provided in electronic (.DWG & .PDF) format, or B-Size 11x17” prints
• Customer shall be responsible for any applicable taxes or fees.
• Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations
resulting from the COVID-19 pandemic or any future epidemic.
• Our proposal is based on the above bill of material. Any items, material or work, which are not
specifically addressed in this quotation are not included. Changes can be provided if required for an
additional cost.