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HomeMy WebLinkAboutLED Roadway Lighting Ltd-4/23/2012115 Chain Lake Drive Halifax, NS, Canada, B3S 1B7 www.ledroadwaylighting.com infot7n,ledroadwaylighting.com Fax: 1-888-533-5755 LED MANE 100 Day Fixture Trial Agreement THIS AGREEMENT made as of March 16th, 2012 BETWEEN: LED Roadway Lighting Ltd., a corporation located at 115 Chain Lake Drive, Halifax, Nova Scotia, Canada (hereinafter referred to as "LRL") AND Town/City/Municipality/Corporation: Waterloo, City of Address: 715 Mulberry Street, Waterloo, Iowa 50703 (hereinafter referred to as "Customer"). 1. LRL and Customer agree to enter into a 100 day trial agreement so that Customer may assess the performance of the LRL's LED street lighting fixtures. 2. As a part of such an agreement, LRL shall provide Customer with six (6) of its Satellite Series LED street lighting (SAT-48S-0-R-T2-600-GY-1-A-NA-XX) products in good working order for the purpose of examination and evaluation. LED fixtures will include Grey Paint finish, Type II distribution. No shipping charge will be incured for delivery. 3. Customer shall conduct an assessment of the LRL product and evaluate it for its suitability as a replacement for its existing street lighting both in terms of lighting performance and energy savings. 4. The 100 day trial shall commence upon the date of receipt of the fixtures by Customer. 5. If Customer is satisfied with the performance of LRL's LED street lighting fixtures and chooses to keep the fixtures at the end of the 100 day trial, LRL will issue an invoice to Customer for $471.95 per fixture ($2831.70 total) plus any applicable taxes, payable within 100 days of receipt of fixtures (trial start date). Purchase will be subject to LRL standard terms and conditions. Pilot location and required fixture size required (which determines price) for that specific location will need to be worked out on a per pilot basis. LRL Initials: e_ Name/Corp Initials: Date: March 16, 2012 Date: I ,%i771 g Non -Disclosure Agreement (NDA) 6. If Customer chooses to return the lighting fixtures, they must notify LRL in writing by regular mail, registred mail, fax or email on or before the 100th day of the trial period. Provided Customer notifies LRL that they wish to return the fixtures within the 100 day trial period timeline, LRL must receive the trial fixtures within 30 days of the notice of termination of the trial. The Customer will be repsonsible for the arrangement of the return shipment and all related shipping charges.The product shall be in working order and shall not possess any damage beyond the normal wear associated with a street light's exposure to the elements. If the product is not returned within the 30 days allotted, LRL shall issue an invoice for for $471.95 per fixture ($2831.70 total) plus any applicable taxes. 7. Customer will provide LRL the location of the fixtures upon installation and access so that LED Roadway Lighting can take photographs of the installation (if it chooses). 8. LRL shall provide assistance in roadway lighting layouts and fixture to ensure Customer receives the appropriate product and meets their roadway lighting guidelines for public safety. 9. This Agreement shall be deemed to have been entered into in the Province of Nova Scotia, Canada. This Agreement shall be construed and governed in accordance with the laws of the Province of Nova Scotia, Canada. The applicable jurisdiction shall be the Supreme Courts, in Halifax, Nova Scotia, Canada. Agreement may be executed via mail, email, facsimile, or in person. IN WITNESS WHEREOF the parties hereto have executed this Agreement in counterparts through duly authorized representatives whose signatures appear below. LED Roadway Lighting Ltd. City/Town/Corporation: Print Name: Ken Cartmill Print Name: Signature: Signature: Title: VP Of Business Development Title: Date: March 16, 2012 Date: PL. C LRUC-Vision Initials: Name/Corp Initials: Date: March 16, 2012 Date: Non -Disclosure Agreement (NDA) 6. If Customer chooses to retum the lighting fixtures, they must notify LRL in writing by regular mail, registred mail, fax or email on or before the 100th day of the trial period. Provided Customer notifies LRL that they wish to retum the fixtures within the 100 day trial period timeline, LRL must receive the trial fixtures within 30 days of the notice of termination of the trial. The Customer will be repsonsible for the arrangement of the return shipment and all related shipping charges.The product shall be in working order and shall not possess any damage beyond the normal wear associated with a street light's exposure to the elements. If the product is not returned within the 30 days allotted, LRL shall issue an invoice for for $471.95 per fixture ($2831.70 total) plus any applicable taxes. 7. Customer will provide LRL the location of the fixtures upon installation and access so that LED Roadway Lighting can take photographs of the installation (if it chooses). 8. LRL shall provide assistance in roadway lighting layouts and fixture to ensure Customer receives the appropriate product and meets their roadway lighting guidelines for public safety. 9. This Agreement shall be deemed to have been entered into in the Province of Nova Scotia, Canada. This Agreement shall be construed and governed in accordance with the laws of the Province of Nova Scotia, Canada. The applicable jurisdiction shall be the Supreme Courts, in Halifax, Nova Scotia, Canada. Agreement may be executed via mail, email, facsimile, or in person. IN WITNESS WHEREOF the parties hereto have executed this Agreement in counterparts through duly authorized representatives whose signatures appear below. LED Roadway Lighting Ltd. Print Name: Ken Cartmill Signature: Title: VP Of Business Development Date: March 16, 2012 City/Town/Corporation: Signature: Title: Date: c LRUC-Vision Initials: Name/Corp Initials: Date: March 16, 2012 Date: kb) f I(9-