Agmt20 Thirkellte Corp dba Aqua-Metric Sales Golden State Flow Measurement, Inc. AKA

Browse Search

AMENDMENT NO. 1 TO PURCHASE AGREEMENT THIRKETTLE CORPORATION DOING BUSINESS AS AQUA -METRIC SALES COMPANY This Amendment No. 1 (the "Amendment No. 1") is entered into and effective as of 2nd day of February , 2021 ("Effective Date"), by and between the City of Redwood City, California, a charter city and municipal corporation of the State of California, ("City") and Thirkettle Corporation doing business as Aqua -Metric Sales Company, a California corporation ("Aqua -Metric" or "Vendor") (collectively, the "Parties"). RECITALS A. City and Golden State Flow Measurement, Inc. ("GSFM") previously executed that certain Purchase Agreement for Goods, Commodities and Services, dated as of March 10, 2020 (the "Agreement"). B. Aqua -Metric purchased GSFM, and the Parties executed that certain Consent to Assignment Agreement, dated as of January 15, 2021, consenting to the assignment of all rights, obligations and interest in the Agreement from GSFM to Aqua -Metric. C. The Parties have negotiated and agreed to the terms and conditions set forth in this Amendment No. 1. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Section 3 of the Agreement shall be replaced in its entirety as follows: 3. Purchase Price. The aggregate amount of purchases under this Purchase Agreement shall not exceed Five Hundred Thousand Dollars ($500,000). The purchase price for the Goods and Services shall be on a per unit basis per the price list delineated in Exhibit B. Payment will be due thirty (30) days from City's receipt of an invoice for the Goods and Services, provided that Vendor will not invoice City until all ordered Goods have been delivered and accepted in accordance with the terms of the Purchase Agreement. Unless otherwise noted in this Agreement or the Bid Documents, the purchase price will include all shipping and delivery costs. 2. Section 7 of the Agreement shall be replaced in its entirety as follows: 7. Delivery Risk of Loss. All orders will be F.O.B. destination if not otherwise specified. Risk of loss or damage to the Goods will remain with Vendor until the Goods have been delivered to and accepted by City. All Goods will be received by City subject to its right of inspection, rejection, and revocation of acceptance under the Uniform Commercial Code. City will be allowed up to three (3) business days to inspect the Goods and to notify Vendor of any REV: 01-26-2021 MI ATTY/AGR.2021/Amend No.1/Aqua-Metric Sales Co. (Page 1 of 3)