The CCA Sale Agreement is a contract
to purchase CCA Oil Spill Response Equipment and materials
"as is, where is." The CCA will have no responsibility
for the management of, or participation in any oil spill
cleanup effort, and does not supply personnel for response
services, but may require the purchaser to enter into
separate agreements with certain designated contractors
for the proper operation and maintenance of the equipment.
Initial notification to CCA to mobilize equipment may
be verbal, but needs to be confirmed in writing via
facsimile as soon as practicable. An internal power-of-attorney
and list of authorized activators should be forwarded
to the CCA. The Sale Agreement must be executed by a
duly authorized representative of the purchaser.
The Sale Agreement is designed to be pre-executed by
Members for a 5-year term in order to avoid lengthy
legal reviews of the contract at the time of a spill.
Various exhibits and attachments will be executed for
each spill incident during the term of the Sale Agreement,
and will contain the details specific to each incident.
Exhibit A - Sales Order: Must be verified and executed
by the Purchaser prior to release of equipment by
the CCA. Exhibit A describes the equipment, purchase
price, payment terms, funds guarantee requirements
and any special provisions. Wire transfer or other
funds guarantees are required at the time of sale,
but may be waived for Members in good standing, in
which case an Invoice will be issued 30 days after
the purchase date, with payment terms of net 30 days.
The CCA will issue a Bill of Sale to the purchaser
for the purchased equipment (Exhibit C) upon receipt
of payment in full.
Exhibit B - CCA Staff Assistance Agreement: A CCA
Forward Sales Representative and/or Technical Advisor
will be dispatched to the spill location to provide
advice on deployment, operation and maintenance of
the purchased Equipment. In some instances a Member
and the CCA may mutually agree that the Forward Sales
Rep/Tech Advisor will not be dispatched.
The Sale Agreement provides for the sale of equipment
F.O.B the CCA warehouse. However, for Members only,
an Addendum provides for transfer of title and risk
of loss one mile outside U.S. territorial limits.
Through a second power-of-attorney the CCA will act
as agent for the Purchaser in facilitating the shipment
of the purchased equipment to the destination. The CCA
will provide shipping documents in coordination with
the CCA freight forwarder/customs broker. The Sales
Order is the basis for manifests and shipping documents.
The Purchaser is responsible for the following, however,
the CCA may assist Members in facilitating some of these
items:
- providing all transportation, maintenance support,
subcontractor support and any other support necessary
for the equipment and materials to be used.
- payment of taxes, license fees, assessments, charges,
fines & penalties
- obtaining all necessary government approvals and/or
waivers
- proper use and operation of equipment and materials
- payment of all CCA mobilization costs, travel expenses
and any other associated costs
- obtaining risk of physical loss insurance, and general
& comprehensive liability & property damage insurance
with waiver of subrogation in favor of the CCA, and
name the CCA as an additional insured. Qualified Members
may meet these obligations by means of self-insurance.
- providing Inventory status reports upon the request
of the CCA.
The CCA holds the first buy-back option on the equipment.
The Purchaser has 60 days from the purchase date to
request the CCA to repurchase the equipment. Agreement
is at the discretion of the CCA, and terms, price &
conditions are to be mutually agreed upon (will depend
on the condition of the equipment). |