1947 Clarke Avenue
Pocomoke, MD 21851 USA
(410) 957-3669 Fax (410) 957-3424
www.hardwirellc.com
September 4, 2024
Quote#09042024-RPD-1
To: Erica Hellmold
Richmond Police Department
[email protected]
Via email
Subject: Quotation for Hardwire Tactical Shields
Hardwire is pleased to provide the following quotation for our Tactical Shields. Per your request the pricing below is for Qty (10) Level 3 Tactical Shields with Viewport. Hardwire is pleased to offer free shipping in support of your procurement.
Item # Part # Ballistic Protection Description Unit Price Quantity Total Price 001 007-007-1310 NIJ Level 3 20" x 30" Hardwire Standard Hard Coat Tactical Shield with Viewport 5,449.00$ 10 54,490.00$
Notes:
• The standard printed “POLICE” graphic will be provided on all shields. • The shields are 20 inches x 30 inches in size
o Level 3 with viewport weighs 25.2 lbs.
• Level 3 Ballistic protection per National Institute of Justice standards. • Hardwire provides its 10-year limited warranty for shields.
Freight
• Hardwire is pleased to offer free shipping in support of your procurement.
Terms & Conditions:
• This quotation is valid for 90 days from date of this letter. • Payment terms to be prepaid or Net 30 days upon Hardwire approval. • Pricing FOB Hardwire’s location in Pocomoke City, Maryland. • This pricing is confidential and not to be shared with any third parties without Hardwire’s express written permission.
• Hardwire’s Standard Conditions of Sale to be included in any order.
If you have any questions, please let us know. Thank you very much for the opportunity.
Best Regards,
JP Lacey
Business and Pricing Manager
Hardwire, LLC
ATTACHMENT 1 - CONDITIONS OF SALE
1. Unless otherwise indicated on the face of this Agreement, title, liability for and risk of loss to Product sold hereunder (the "Product") pass to Buyer upon loading for shipment at Seller’s producing location.
2. Seller warrants only to Buyer that the Product delivered hereunder meets Seller's standard specifications for the Product as in effect on the date of shipment or such other specifications as may have been expressly agreed to herein. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 HEREOF, SEL LER MAKES NO
EXPRESS OR IMPLIED WARRANTY (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE) REGARDING THE PRODUCT . Buyer, having the expertise and knowledge in the intended use of the Product and any articles made therefrom, assumes all risk and liability for results obtained by the u se of the Product, whether used alone or in combination with other materials.
3. Failure to give notice of claim within ninety (90) days from date of delivery, or the date fixed for delivery (in case of non-delivery), shall constitute a waiver by Buyer of all claims in respect of the Product so delivered or not delivered, as the case may be. No Product shall be returned to S eller without Seller's prior written permission, and then only in the manner prescribed by Seller. No claim shall be allowed for Product that has been processed in any manner. Claims include claims of any kind, including without limitation those (a) for loss, damage, expense or injury, (b) with respect to the Product deli vered or for non -delivery of the Product, or (c) based upon Seller's (i) breach of warranty, contract, statute, or regulation or (ii) negligence, strict liability or any other tort.
4. BUYER'S EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM SHALL BE A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE
PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED, AND IN NO EVENT SHALL SELLER'S LIABILITY FOR ANY CLAIM BE GREATER THAN THAT AMOUNT.
5. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR
RESULTING FROM THE BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL ACT OR OMISSION OF SUCH PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Seller warrants that the use or sale of the Product delivered hereunder will not infringe the claims of any validly issued United States patent covering the Product itself, but does not warrant against infringement due to: (a) the use of Products in combination with other products or mater ials or in the operation of any process, or (b) the compliance by Seller with any specifications provided to the Seller by Buyer.
7. No liability shall result from delay in performance or non -performance, directly or indirectly caused by circumstances beyond the control of the Party affected, including, but not limited to Act of God, fire, explosion, flood, war, act of or authorized by any government, accident, labo r trouble or shortage, equipment failure, inability to obtain from its usual sources of supply fuel, power, material, equipment or transportation or commercial impract icability. Quantities so affected may be eliminated from this Agreement without liability, but this Agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the Products specified herein to enable Seller to perform this Agreement.
8. It is understood and agreed between Buyer and Seller that if this Agreement covers Products that must be manufactured espe cially for Buyer and is suspended or terminated for any reason, Buyer will take delivery of and make payment for such Products as have been completed and such Pro ducts as are in process on the date notice of suspension or termination is received by Seller. If Buyer for any reason cannot accept delivery of such Products, B uyer will make payment therefore as though delivery has been made and Seller will store such Products for Buyer's account and at Buyer's expense.
9. If for any reason, including without limitation, Force Majeure, Seller is unable to supply the total demand for Products s pecified herein, Seller may distribute its available supply among any or all purchasers as well as business units, including affiliates and subsidiaries, of Seller on s uch basis as Seller may deem fair and practical without liability for any failure of performance that may result therefrom. Seller shall have no obligation to purc hase Product to enable Seller to supply Buyer under this Agreement.
10. At Buyer's request, Seller may, at its option, furnish such technical information as Seller has available with respect to the use of the Products covered by this Agreement. Unless otherwise agreed in writing, all such technical assistance and information will be provided gratis, and Bu yer assumes sole responsibility for results obtained in reliance thereon.
11. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the Products and their properties. Buyer will forward such information to Buyer's employees and any others, including Buyer's customers, who may handle, process or sell such Products a nd advise such parties to familiarize themselves with such information.
12. Buyer acknowledges that the Product was produced using Seller’s proprietary information including information related to cutting, forming, and manufacturing processes and that the Buyer shall not duplicate or attempt to duplicate any of Seller’s protected processes.
13. Buyer shall reimburse Seller for all taxes, licenses, or other charges, by whatever name, (other than taxes based upon Se ller's income) which Seller may be required to pay to any Government (National, Foreign, State or Local) upon the sale, production, or transportation of the Pro ducts sold hereunder.
14. In the event Buyer fails to fulfill Seller's terms of payment completely, or in case Seller shall have any doubt at any t ime as to Buyer's financial responsibility, Seller, without advance notice and at Seller's sole option, may decline to make further deliveries, except upon payment of al l arrearages and receipt of cash in advance or delivery of security satisfactory to Seller. In the event that Buyer fails to fulfill Seller's terms of payment c ompletely and Seller must initiate collection activities to secure payment, Buyer shall pay all of Seller’s reasonable costs and attorneys’ fees associated with such activ ities.
15. This Agreement is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of Seller.
16. Failure by either Party to require performance by the other Party or to claim a breach of any provision of this Agreement shall not be construed as a waiver of any right arising under this Agreement, including the right to require subsequent performance or contest any subsequent breach.
17. If any term or provision of this Agreement shall be found to be invalid, illegal or unenforceable, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. Seller and Buyer shall promptly agree upon a substitute for any such term or provision .
18. This Agreement is to be construed and the respective rights of Buyer and Seller are to be determined according to the law s of the State of Delaware, U.S.A., without regard to choice of law or conflicts principles of Delaware or any other jurisdiction, and the courts of Delaware sha ll have exclusive jurisdiction over any disputes or issues arising under this Agreement. The United Nations Convention on Contracts for the International Sale of Goo ds shall not govern this Agreement or the performance thereof or any aspect of any dispute arising therefrom.
19. This Agreement contains all of the terms and conditions with respect to the purchase and sale of the Products sold hereun der. These terms and conditions supersede any of previous date and no modification thereof shall be binding on Seller unless separately contracted in writing and agreed to by a duly authorized representative of Seller. No modification shall be effected by the acknowledgment or acceptance of purchase order forms stip ulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after receipt of this Agreement by Buyer, Buyer s hall be deemed to have accepted the terms and conditions hereof and, in the absence of such notification, Buyer's acceptance of the Products shall be equivalent to Buy er's assent to the terms and conditions hereof.