Major Equipment Purchase Contract Template

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MAJOR EQUIPMENT PURCHASE CONTRACT
CONSUMERS ENERGY COMPANY
________________________________
ONE ENERGY PLAZA
________________________________
JACKSON, MI 49201
________________________________
(“Buyer”)
(“Seller”)
Date: _________________, 20____
Subject to the provisions of this Major Equipment Purchase Contract (“Contract”),
(“Seller”) agrees to sell and deliver to Consumers
Energy Company (“Buyer”) and Buyer agrees to purchase and accept from Seller the equipment
described herein (“Equipment”), together with incidental technical installation and start-up services as
described in the Conformed Specification (defined below).
1.
DESCRIPTION OF EQUIPMENT
The Equipment shall conform in all respects to the specifications set forth in the Conformed
Specification dated __________, 20___ (“Conformed Specification”).
The Conformed
Specification is hereby attached to and made a part of this Contract.
2.
DELIVERY
Unless otherwise stated in the Conformed Specification, delivery of the Equipment shall be FOB
________________________________, Michigan, (“Destination Site”) and all Equipment
deliveries shall be completed by ____________, 20___.
3.
CONTRACT PRICE
The total Contract Lump Sum/Not to Exceed Price for the Equipment, and any services, if
applicable, to be provided by Seller as described herein is:
_________________ dollars
($_________) (“Price”). The Price is firm and will not be escalated.
4.
TERMS OF PAYMENT
Unless otherwise defined in a payment schedule in the Conformed Specification, the terms of
payment are as follows:
45 % of the total Contract Price shall be due and payable 45 days after delivery of all Equipment to
the Destination Site and after Buyer's receipt of an invoice itemized to Buyer’s reasonable
satisfaction.
55 % of the total Contract Price shall be due and payable 45 days after the Buyer’s written
acceptance of the Equipment as defined in the Conformed Specification and Buyer's receipt
of an invoice itemized to the Buyer’s reasonable satisfaction.
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Maj Equip Pur Form 1-1-10

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