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  2. Finance Committee - Minutes - 8/19/2020 - P37

Finance Committee - Minutes - 8/19/2020 - P37

By dnadmin on Mon, 11/07/2022 - 13:27
Document Date
Wed, 08/19/2020 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 08/19/2020 - 00:00
Page Number
37
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__081920…

valmont ¥

STRUCTURES

CREDIT APPROVAL & SECURITY FOR PAYMENT: Acceptance of any offer of Supplier is subject to Supplier's approval of Purchaser's credit, and Supplier may at any time decline to make
any shipment or delivery, or to perform any services, except upon receipt of payment or security, or upon such other terms as may be satisfactory to Supplier. To secure the payment of any
and all amounts due Supplier under this Agreement or any other contract between the parties, Supplier retains and the Purchaser grants to Supplier a security interest in the Product purchased
hereunder and agre#s to execute and deliver to Supplier such financing statements or te take any other action necessary to perfect Supplier's security interest as Supplier may reasonably
request.

TERMS, INVOICES, PAYMENT, LATE CHARGE & TAXES: Payment terms are NET thirty (30) days from the date of Supplier's invoice, unfess otherwise specified and approved in advance
in writing from the Valmont Credit Department. Invoices will be rendered upon delivery of each order to Purchaser. All payments shall be made to the “remit to” location as stated on the
Supplier's invoice. Supplier reserves the right to invoice, and Purchaser agrees to pay for, any or all Product ready for shipment, together with expenses, costs, and losses associated
tharewith, whenever shipment is delayed pursuant to Purchaser's written instructions or for other reasons beyond Supplier's control. Invoices far anchor bolts shipped in advance of the
structures may be billed at the time of such anchor bolt shipment. A monthly late charge of 1.5% of the inveice amount or $50, whichever is greater, will be assessed on all past-due amounts.
Any tax or other charge imposed by law on the sale of goods or the performance of services shall be paid by the Purchaser, unless the law specifically provides that such payment must be
absorbed by Supplier. Purchaser shall inform the Supplier, in advance in writing. of such taxes or other charges imposed by state, municipal, or other law that are to be paid by the Supplier.

OEFAULT OF PURCHASER: In the event that (i) Purchaser fails to pay any invoice when due: (ii) Purchaser breaches this Agreement or any other contract with Supplier or any of its affiliated
companies; or (iii) Purchaser's financial strength becomes unsatisfactory, Purchaser shall thereby be in default, and Supplier reserves the right, in its sole discretion, to de any one or more of
the following: (i) cancel this Agreement and any work in progress, shipments, and pending orders without further notice: (ii) declare all sums owing from Purchaser to Supplier to be due and
payable; (iii) require payment in advance of performance. in certified funds; (iv) foreclose any security interest; (v} require other security satisfactory to Supplier. Purchaser shall be liable to
Supplier for any and all damages, whether direct, indirect, consequential, special ar any other kind of damages, caused by or arising out of any breach of this agreement, provided that the
exercise of any rights under this contract shall not bar Supplier from exercising its rights under the UICC or any other applicable law. The Purchaser waives any applicable statutory exemptions
and shall pay all expenses incurred by Supplier in the collection of the amounts due under the Agreement, including atiomeys' fees.

Lighting, Traffic and Communication Structures
Valmont Industries, Inc. 1545 Pidco Drive Plymouth, Indiana 46563-1354 USA
574-936-4221 877-467-4763 Fax 574-996-6796 valmont.com valmont-towers.com

Page Image
Finance Committee - Minutes - 8/19/2020 - P37

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