The transaction described on the reverse side hereof is subject to the following terms and conditions:
Delivery of materials called for in this transaction will be made F.O.B. point of shipment unless this is a delivered price transaction in which event the same is based upon freight rates in effect at the date of the acceptance, and unless otherwise stated, any increase in freight rates at the time of shipment shall be added to the prices quoted herein. All products and equipment shall be delivered F.O.B. point of shipment, and Seller’s responsibility therefore shall cease upon delivery to the carrier.
Any Federal, State, Municipal or County Tax which may be levied upon sale, use production or transportation of these goods, or any increase in cost resulting from the operation of any Federal, State or Municipal regulation or legislation shall be borne by the Buyer.
Seller shall be responsible only for the manufacture of the equipment or products in accordance with its standard specifications and practices. Seller shall not be responsible for any deviation from the standard specifications as a result of local labor or inspection requirements at destination, nor shall it be responsible for rebuilding or reassembling any equipment or parts thereof due to local requirements, rules or regulations or for inspection charges or other fees in connection therewith.
No equipment or product shall be shipped subject to inspection or approval of Buyer at destination, unless otherwise specifically provided for in the order, but Buyer may inspect such equipment at Seller’s plant where same is manufactured.
Seller agrees to use its best efforts to complete and deliver the equipment and products described herein on or before the target date, but Seller shall not be liable for any damages for delays caused by conditions beyond its control, such as strikes, fires, floods, accidents, shortage of cars, interruption or delays in transportation embargoes, shortage of critical materials or of manpower, labor disputes, governmental regulations, restrictions, allocations, or directives, or any other events or delays unforeseen or beyond Seller’s reasonable control.
This order may not be cancelled without the written consent of the Seller. If the order is cancelled, the Seller at his option may render an invoice for termination charges in an amount deemed proper by the Seller.
VOIDING OF ORDER BY SELLER
At his option, Seller may consider an order void after ninety (90) days have elapsed under either of the following circumstances. Any order tendered by the Buyer on which no definite shipping instructions have been given, or an existing order which specified a definite shipping date, but on which Buyer subsequently requested shipment to be withheld or delayed without giving a definite revised shipping date.
In the event delay occurs in the acceptance of the equipment and products by Buyer, or in the event buyer requests that shipment be postponed or delayed, the amounts payable under this order shall become due and payable when the equipment and products are ready for shipment. If it becomes necessary or advisable for the Seller to provide storage for said equipment or products because of Buyer’s fault or Buyer’s request for delay or postponement of shipment, then the cost of such storage and handling costs in connection therewith shall be added to and become a part of the purchase price thereof.
DEFAULT IN PAYMENTS
In the event Buyer fails to pay promptly for material, merchandise, equipment or labor furnished under this order as agreed herein, or defaults in any payment due Seller for any goods, or if in Seller’s judgment, the credit of Buyer shall become impaired, whenever such impairment shall become apparent to Seller even before default by Buyer, Seller reserves the right at its option to suspend delivery hereunder and to warehouse the material, merchandise or equipment until all payments which are due are made. Buyer agrees to pay Seller all such costs and expenses, including attorney’s fees and occur costs in connection therewith or in connection with the collection of any moneys which may become due hereunder, together with interest at eighteen percent (18%) per annum on all moneys past due.
Seller shall have the right to invoice Buyer as equipment or products are shipped and terms of payment on the face of this acceptance shall apply to each such invoice.
TITLE TO REMAIN IN SELLER/GPS TRACKING
The entire right, title and interest in and to any equipment of products sold to Buyer hereunder shall remain in Seller until the purchase price has been paid in full. In the event Buyer shall default in any payment provided hereunder, Seller shall have the right to enter Buyer’s premises without legal notice and repossess any portion or all of said equipment or products sold hereunder, and no liability shall attach by reason of such entry and repossession. Such right shall be in addition to any other legal right seller may have hereunder or by virtue hereof, including Seller’s right to enforce Buyer’s obligation to pay the full amount of the purchase price hereunder. During the period that the purchase price for the equipment has not been paid in full to Seller, Seller shall have the right to utilize GPS tracking to identify the location of the equipment.
Seller’s warranty shall be limited solely to the cost of replacing F.O.B. point of shipment only, any parts which prove to be defective in material or workmanship within one (1) year from date of shipment. This warranty does not and shall not be construed to include liability for accidents or for consequential losses or damages of any kind for any actual or alleged defect in said product or equipment or any part thereof.
This transaction shall be interpreted in accordance with the laws of the State of Illinois.
Any amendments or modifications hereto must be in writing, duly approved and accepted by the parties hereto. Clerical errors are subject to correction.
If the Buyer and Seller enter into a separate contract for the financing of any purchases under this transaction, and the terms and conditions of this order are inconsistent with the terms and conditions of the contract for financing, then the terms and conditions of the contractor for financing shall govern. Buyer agrees to execute and deliver to Seller all documents necessary to preserve Seller’s security interest in the material merchandise or equipment covered by this transaction.