HomeMy WebLinkAboutPR 21782: CENTRIFUGE REPAIR #2 AT THE WATER TREATMENT PLANT City of
rt rtllu �
Texas
INTEROFFICE MEMORANDUM
Date: March 23, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Donnie Stanton, Interim Director of Utilities
RE: PR 21782—Centrifuge Repair#2 at the Water Treatment Plant
Introduction:
The intent of this agenda item is to seek City Council's ratification for the emergency repair for
the repair of a centrifuge for sludge removal. Hutchison-Hays Separation of Houston, Texas,
was chosen to do the repairs in the amount of $75,626.95. Budgeted funds are available in
Account No. 410-1256-532.42-00,Equipment Maintenance. Emergency authorization from the
City Manager was sought due to the critical nature of sludge removal in the Wastewater
Treatment process, for the protection of public safety. This is considered to be a fair and
reasonable price for the required work.
Background:
The Wastewater Treatment Plant has two large DS-706 Alfa Laval centrifuges to process sludge
at this facility. Both centrifuges went out of service at the same time. Emergency authorization
from the City Manager was sought due to the critical nature of sludge removal in the Wastewater
Treatment process, for the protection of public safety. This is considered to be a fair and
reasonable price for the required work; there are no Port Arthur vendors that provide this
specialized service.
Budget Impact:
The above mentioned repair in the amount of$75,626.95, has funds available in Account No.
410-1256-532.42-00, Equipment Maintenance.
Recommendation:
It is recommended that City Council approve PR No. 21782, ratifying the emergency
authorization of the repair of centrifuge#2 at the Wastewater Treatment Plant.
"Remember, we are here to serve the Citizens of Port Arthur"
P.R.No.21782
3/23/21 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION REQUESTING THAT CITY COUNCIL
RATIFY THE CITY MANAGER'S DECISION FOR THE
EMERGENCY REPAIRS TO CENTRIFUGE #2 AT THE
WASTEWATER TREATMENT PLANT BY HUTCHISON-
HAYES SEPARATION OF HOUSTON, TEXAS WITH A
PROJECTED BUDGETARY IMPACT OF $75,626.95,
ACCOUNT NO. 410-1256-532.32-00, EQUIPMENT
MAINTENANCE.
WHEREAS, there was a failure of the rotating assembly of Centrifuge #2 at the Main
Wastewater Treatment Plant, which caused immediate public health and safety concerns; and,
WHEREAS, this rotating assembly was repaired by Hutchison-Hayes Separation of
Houston, Texas, under emergency conditions authorized by the City Manager; and,
WHEREAS, pursuant to Section 252.022(a)(2) this purchase is authorized because of a
public calamity that requires the immediate appropriation of money to relieve the necessity of the
municipality's residents or to preserve the property of the municipality; and,
WHEREAS, it is further authorized pursuant to Section 252.022(a)(3) because of
unforeseen damage to public machinery, equipment, or other property; and,
WHEREAS,the total budgetary impact for the repair of the centrifuge is$75,626.95; and,
WHEREAS,City Manager approved proceeding with these repairs on an emergency basis
(Exhibit A).
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, in order to protect the health and safety of our citizens, the City Council hereby
approves and ratifies the expense of the emergency repairs to the centrifuge with a projected
budgetary impact of$75,626.95 (Exhibit B); and,
P. R. No. 21782
3/23/21 bw
Page 2 of 2
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
READ, ADOPTED, AND APPROVED THIS day of
2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor
Councilmembers:
NOES:
Thurman "Bill" Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
1 &k, c4p0
Sherri Bellard alecia T -no
City Secretary City Attorney
APPROVED: FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
ckOF FUNDS: n.57,1)
CiLiv kit\
Ronald Burton Kandy Daniel
City Manager Interim Director of Finance
(subject to a Budget Amendment)
69403•\,[0,ti., •
Donnie Stanton Clifton Williams, CPPB
Interim Director of Utilities Purchasing Manager
EXHIBIT "A"
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City of
ort rth u
Texas
INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-WASTEWATER
TREATMENT DIVISION
Date: January 28, 2021
To: Ronald Burton, City Manager
From: Donald Stanton, Interim Utilities Director Y 5'
RE: Wastewater Treatment Plant Centrifuge
The Main Wastewater Treatment Plant (WWTP) has a total of three Centrifuges, one Niro and two Alfa
Laval. All three pieces of equipment are currently nonoperational due to mechanical failures from lack of
proper maintenance. Centrifuge #2 had been running normally up until 1-28-21, when it suffered a
catastrophic bearing failure. This Emergency Repair is required to restore operation to Centrifuge #2
equipment back up and running in order to be able to remove sludge from the WWTP to stay in compliance
with our TCEQ Permit.
The Main WWTP Centrifuge #2 repair is estimated to cost $40,000 and will come from account #410-
1256-532.42-00.
I, Ron Burton, hereby . \the\•ze this •• ergency repair.
-0A
City Manager
"Remember we are here to serve the Citizens of Port Arthur"
P.O BOX 1089 •PORT ARTHUR,TEXAS 7764 1-1 0 89 •409/983-8101 •FAX 409/982-6743
EXHIBIT "B"
Hutchison Haves Separation Inc SALES QUOTATION
3520 E Sam Houston Pkwy N
Houston TX 77015 QTE105217
■ Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 1 of 7
Sold To: Shio To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
Product OEM PN Lead Time Quantity Unit Price Extd Price
1 IHRD Stock 1 EA 74,626.95 74,626.95
REPAIR DS-401 ROTATING ASSY#2 02/01/21
Rotating Assembly with Gearbox s/n 501-9831
Unit experienced a high heat bearing failure on
the liquid main bearing. Additionally, evidence of
high torque loading was found.
Gearbox
Bearings had failed in the gearbox. No
structural damage occurred.
Rebuild complete utilize new bearings, seals,
0-rings and snap rings.
Rotating Assembly
Liquid end main bearing assembly is severely
damaged. All parts must be replaced except for
the bowl hub. This will be reused following a
repair to the main bearing journal which was
damaged. As a result of the high torque
operation, several flights in the solids transition
area of the conveyor are bent. These must be
straightened.
1) Replace all bearings, seals, 0-rings and snap
rings.
2) Replace 3 solids discharge nozzles. (broken)
3) Replace 20 conveyor tiles. (broken)
Hutchison Haves Separation Inc SALES QUOTATION
hi 3520 E Sam Houston Pkwy N
Houston TX 77015
■ Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PMQTE105217
Page 2 of 7
Sold To: Ship To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
= Product OEM PN Lead Time Quantity Unit Price Extd Price
4) Replace LE main bearing housing and
covers. (melted)
5) Replace gearbox flange, labyrinth rings and
seal holders. (melted)
6) Dynamically balance bowl and conveyor to
ISO G1.0 specifications.
7) Reassemble complete.
8)Assist with plant installation and start up.
Freight Charges: 1,000.00 USD
Total Quotation 75,626.95 USD
NOTES:
Hutchison Haves Separation Inc SALES QUOTATION
3520 E Sam Houston Pkwy N
Houston TX 77015 QTE105217
Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 3 of 7
Sold To: Shio To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
STANDARD TERMS AND CONDITIONS OF SALE FOR EQUIPMENT, PARTS, FIELD SERVICES& REPAIRS
ALL ORDERS ARE ACCEPTED SUBJECT TO SELLER' SALES AND CREDIT TERMS AND CONDITIONS ONLY, AND
NOT TO THE TERMS AND CONDITIONS APPEARING ON BUYER'S PURCHASE ORDER OR CONTRACT. YOUR
AGREEMENT WITH OUR TERMS AND CONDITIONS SHALL BE CONCLUSIVELY EVIDENCED BY YOUR ACCEPTANCE
OF ANY SHIPMENT;SAID TERMS AND CONDITIONS ARE AS FOLLOWS:
Contract: All purchase orders by our Buyers based upon Seller quotations are subject to final approval and
acceptance by Seller and shall not constitute a contract of sale or lease until such approval and such acceptance
is given by us. No modification will be binding on Seller unless in writing and signed. Commencement of
performance prior to compliance with the preceding sentence will not be construed as a waiver.
1. Specifications: The quotations given are based on our understanding of the specifications and data submitted to
Seller, and the responsibility for any ambiguity in such specifications shall lie with the buyer, hereinafter called
"Buyer."
2. Shipment: Unless otherwise specified, prices quoted are F.O.B. at the factory at Houston, Texas. Seller'
responsibility shall terminate upon delivery to a common carrier. All items will be packed for domestic shipment,
unless otherwise specified by the Buyer.
3. Taxes: Any sales, use, excise, or other taxes applicable to any item covered by a quotation issued by Seller,
imposed by or in the state where the same is ultimately to be installed or used, shall be borne by the Buyer. Where
the applicable state law requires the seller to collect and remit the tax, the Buyer will add the tax to the purchase
price and remit the same to Seller.
4. Payment: Payment Terms for new equipment orders shall be as stated in Seller's proposal or quotation. Unless
otherwise specified in writing, all prices are firm for thirty (30) days only from the date of offer, and payments are due
net thirty (30) days from the date of invoice except for deposits or down payments which are due in advance.
Payments shall be made without deduction or set-off. Any amount not paid within 30 days after the due date shall
bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law, whichever is
less. Credit terms may be suspended or changed at any time if, in Seller's sole opinion, it believes Buyer's financial
condition warrants. Seller may suspend performance and refuse to deliver any further goods or services if Buyer fails
to pay any amount when due. Orders performed on Time & Material prices and rates are invoiced weekly or as soon
as practical and payable upon receipt.
5. Security Interest: Seller retains title to the goods until Buyer pays the purchase price as specified. In addition to all
other liens allowed by law, and until full payment is received, Seller reserves the right to enter on the premises where
such goods are located without legal process and to remove the goods therefrom, regardless of the manner of its
attachment to any equipment, real estate, or regardless of any items of sale, mortgage or lease of real estate
associated therewith, and upon such removal, Seller shall in no event be liable for actual, special or consequential
Hutchison Haves Separation Inc SALES QUOTATION
3520 E Sam Houston Pkwy N
QTE105217
Houston TX 77015
IIII ■ Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 4 of 7
Sold To: Shin To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE 105217 2/1/2021 CITO1 Payment Terms Net 30 Days
damages for such removal. Buyer agrees to and does hereby grant to Seller a security interest in the goods
identified in the quote given to and Buyer further agrees that the documents forming the transaction may be filed of
record and shall act as a financing statement. Buyer shall take proper steps and will cooperate fully to perfect and
maintain any such security interest until such time as full payment has been received by Seller.
6. Completion, Title and Delivery: Seller will inform Buyer of the anticipated delivery date at the time of confirming
Buyer's order. Such delivery dates, unless otherwise specified, are estimates of approximate dates of delivery, and
not a guarantee of a particular day of delivery. Seller will not be liable for any failure to make deliveries where such
failure to deliver arises out of causes beyond its reasonable control and without its fault or negligence. In no event
shall Seller be liable for special or consequential damages.
Schedules of proposed deliveries covered by the quotation governing the transaction are based upon factory
conditions as of the date of the quotation. If drawings are submitted by Seller for Buyer's approval, delivery schedule
will be based upon the date of notice to Seller of the Buyer's approval of final drawings. A request by a Buyer for
deferment in delivery shall be in writing and shall be subject to approval by Seller. If a deferment is granted, Seller
reserves the right to ship or store the goods at Buyer's expense at the end of the deferred period. Notwithstanding
any deferred delivery which may be agreed upon, Seller reserves the right to render an invoice on the date the
material is first ready for shipment, which invoice shall be paid in the same manner and at the same time as an
invoice for material shipped. Goods held for our Buyer during such deferment shall be at Buyer's risk. Any
insurance or cost of insurance for the protection of said property against loss or damage shall be a responsibility of
and an expense of the Buyer from date said goods are first ready for shipment
7. Buyer's Responsibility:The specifications of the equipment requires it to be operated,at all times,within certain
parameters. Buyer agrees and understands that the equipment must be stored, installed,operated and maintained
within such parameters. Seller assumes no responsibility for any variations in Buyer's operating conditions that are
not specified in this Agreement.
8. Manufacturing Sources: To maintain delivery schedules and to best utilize Seller's manufacturing capacity. Seller
reserves the right to have all or any part of Buyer's order engineered, manufactured, assembled and/or tested at any
of Seller's,its subsidiary's or licensee's plants anywhere in the world.
9.Warranty:
A. Goods. The goods specified in the quote given to the Buyer are warranted to be free from defects in materials
and workmanship only. The duration of this warranty is twelve (12) months from the date of shipment by Seller.
Buyer shall immediately report in writing to Seller any claimed defect promptly upon discovering the same. After
receiving such notice from Buyer and confirmation by Seller that the claim arises from a defect in materials or
workmanship. Seller shall at its option
i. Repair the defective portion of the goods with any shipping, customs, duties, levies, taxes or other charges
being assessed to Buyer's account
ii. Furnish replacement goods or parts as necessary.
Hutchison Haves Separation Inc SALES QUOTATION
3520 E Sam Houston Pkwy N
NI
Houston TX 77015 QTE 105217
Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 5 of 7
Sold To: Shio To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
B. Services and Work. Seller warrants that its work and or services will be performed in a good workmanlike
manner and will be free from defects. The duration of Seller's warranty for field service work or field services is ninety
(90) days from the completion of the work/and or services. The duration of Seller's warranty for shop repair work or
services is six(6)months from the completion of the work/and or services.
Buyer shall immediately report in writing to Seller any claimed defect in work or services promptly upon discovering
the same. After receiving such notice from Buyer and confirmation by Seller of the claim being within warranty. Seller
shall at its option
i. Repair the defective work of service with any shipping, customs, duties, levies, taxes or other charges
being assessed to Buyer's account
ii. ii. Re-perform the service or work.
C. Warranty Conditions. Any replacement parts or goods provided under warranty will be shipped F.O.B.,
Houston, Texas. Buyer may be responsible for return shipping of the defective parts or goods to Seller. Buyer
agrees that any non-warranty repairs of goods, work or services done at the request of Buyer shall be exclusively
governed by these terms and conditions even if Buyer later declares the same to be a covered warranty claim. Any
performance warranty on equipment, parts, field services or repairs must be specifically agreed to in writing by Buyer
and Seller and shall remain subject to these Terms and Conditions except as specifically modified. If Buyer in any
way directly or indirectly instructs Seller to make specific modifications to Seller's equipment or parts, then Buyer
further agrees that Buyer's decision to make such modifications was made without any reliance, representation,
direction, suggestion or warranty being offered by Seller and that the decision to proceed with such modifications is
at Buyer's sole risk and cost and may void Seller's warranty.
D.LIMITATIONS AND EXCLUSIONS. SELLER' LIABILITY FOR DEFECTS, IF ANY, SHALL BE LIMITED TO
REPAIR OR REPLACEMENT OF THE DEFECTIVE GOODS, WORK OR SERVICES OR, AT SELLER'S OPTION,
REFUND OF THE PURCHASE PRICE. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOSS
RESULTING FROM ANY DEFECT OR FOR TIME OR MONEY LOST DUE TO THESE REPAIRS OR
REPLACEMENT. This warranty does not apply to sales of used equipment for which no warranty is given or to parts
requiring replacement because of normal wear. Further, no warranty is made nor does this warranty apply to any
products or accessories that are not manufactured by Seller, except to the extent of any warranty given by the
actual manufacturer thereof, which may be assigned by Seller. ALL OTHER EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. There are no other understandings, terms,
conditions of warranties other than those expressed herein. Except for claims that arise from Seller's gross
negligence,Seller's liability to Buyer will be limited to an amount equal to the price of the goods and services.
The foregoing limited warranty, to the extent made, shall be effective only when our products are installed and used
in accordance with service recommendations issued by Seller and in addition, shall not be effective if such products
are misused or abused.
Hutchison Haves Separation Inc SALES QUOTATION
3520 E Sam Houston Pkwy N
Houston TX 77015 QTE105217
Phone: (713)455-9600
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 6 of 7
Sold To: Ship To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
E. Laws and Regulations: Seller does not warrant that any part or product described in the quotation meets local,
municipal,or state ordinances, laws or regulations.
10. Weights: Weights used in the quotation are estimated and are for use ONLY in computing probable freight charges.
Seller is not in a position to certify to such estimates and shall not be responsible for charges attributable to
differences between actual and estimated weights.
11. Changes in Work: Buyer may request changes in the work to be performed. However. Buyer and Seller must first
agree in writing upon the increase or decrease in the amount due for such changes and in the time required for
performance, if any prior to the Seller implementing changes to the work. However with respect to time and material
work, Buyer and Seller expressly agree that a signed timesheet for work that goes beyond the stated amount in any
agreement (including any work authorization/approval document) shall constitute a change order and Buyer's
agreement to continue to pay Seller for such additional work at the agreed upon rates, all of which shall continue to
be exclusively governed by these terms and conditions
12.Damage to Goods: Any and all claims for material damage in transit shall be filed by Buyer with the carrier.
13. Ownership. All drawings, designs and specifications supplied or assembled by Seller are solely the property of
Seller. They are provided to Buyer on the condition that they shall not be reproduced or copied in any manner
whatsoever, in whole or in part, except for Buyer's internal use as necessary, and upon the further condition that they
shall not be transferred to others for any purpose not specifically authorized in a writing signed by Seller.
14. Return of Goods: No material may be returned without prior written consent of Seller. Seller assumes no
responsibility for, and will not accept, goods returned without such written permission. When returns are authorized
by Seller they are must be returned to us with shipping charges prepaid.
15. Service: In the event service is requested of Seller by our Buyer, the charges will be listed in the body of the
quotation, in addition to all living, travel expenses and out of pocket expenses necessary to best suit the service
requested by the Buyer.
16.Withdrawal of Quotation: Seller reserves the right to withdraw any and all quotations at any time.
17. Cancellation: Contracts shall not be cancelable by Buyer without the written consent executed by Seller and are
cancelable only upon the terms and conditions as be prescribed by Seller.
18. Force Majeure: "Force Majeure" means an event which is beyond the control of the Buyer or Seller (each of whom
is referred to herein as a "Party" and together as "Parties"), which is unforeseeable and unavoidable and/or
insurmountable and which is not known at the acceptance of an order and which prevent total or partial performance
by the invoking Party. Force Majeure shall include, but not be limited to, war, hostilities and military operations,
riots, disorder, natural disasters, fires, epidemics and/or pandemics (and specifically in relation hereto and
notwithstanding anything else stated herein, whether or not outbreak of such epidemic or pandemic has occurred
prior to signing of this Contract) and judgements, decisions and/or recommendations from authorities that leads to a
shortage of workforce, materials and/or goods, or that in any other way prevents the invoking Party's ability to
perform in accordance with this contract or an Order. Strikes, lock-outs or other industrial action or disputes solely
Hutchison Haves Separation Inc SALES QUOTATION
111 3520 E Sam Houston Pkwy N
Houston TX 77015
Ng Phone: (713)455-9600 QTE105217
Fax: (713)455-7753 Printed: 2/24/2021 3:25:20PM Page 7 of 7
Sold To: Shio To:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
6300 PROCTER STREET 6300 PROCTER STREET
PORT ARTHUR, TX 77640
USA PORT ARTHUR TX 77640
USA
CITO1
Contact: TUBBS\SHAWNA MAIN
QUOTE Date Customer Reference
QTE105217 2/1/2021 CITO1 Payment Terms Net 30 Days
related to the Party and/or its subcontractor(s)or agent(s)shall not be deemed as events of Force Majeure.
At the time of entering into this Contract, the Parties are aware of and acknowledges the existence of the pandemic
of Covid-19. A Party shall, notwithstanding what is stated above, have the right to invoke this Section if its
performance under or in connection to this Contract or an Order is prevented due to circumstances related to
Covid-19, including, but not limited to, for reason of judgements, decisions and/or recommendations from authorities
that leads to a shortage of workforce, materials and/or goods, or that in any other way prevents the invoking Party's
ability to perform in accordance with this Contract or an Order, and any such circumstance shall be deemed as
events of Force Majeure.
If an event of Force Majeure occurs, the invoking Party's contractual obligations affected by such an event shall be
suspended during the period of delay caused by the Force Majeure event.
The Party claiming Force Majeure shall promptly inform the other Party in writing and shall within ten (10) days
thereafter furnish evidence of the occurrence and expected duration of such Force Majeure.
In the event of Force Majeure, the Parties shall immediately consult with each other in order to find an equitable
solution and shall use all reasonable endeavours to minimize the consequences of such Force Majeure. If the
consequences of the Force Majeure event continue for a period of ninety (90) days without a solution acceptable to
both Parties,either Party shall be entitled to terminate the Order with immediate effect.
19. Inconsistent Terms: Any terms or conditions in any order by our Buyer which are inconsistent with these terms
and conditions shall not bind us,unless specifically acknowledged by Seller in writing.
20. Modification of Contract: The contract that exists between Seller and its Buyer cannot be modified except by
writing and signed by both parties.
21. Applicable Law: Seller and Buyer, agree that this contract shall be governed by the law of the State of Texas,
including the Uniform Commercial Code as adopted and amended in Texas.
22. Attorney's Fees: In the event of any breach or default under an agreement between Seller and Buyer, and if the
same is placed in the hands of an attorney for collection or is collected by suit of any nature, or if any action of
foreclosure be had hereunder, Buyer shall be liable for reasonable attorney's fees incurred by this company and
other costs of collection.