Orange County NC Website
Browse       Search
AutDQuQte 11.3 <br />3474 hereunder, then Excellance shall be entitled to receive from Purchaser the greater of (a) 15% of the <br />3475 contract price, or (b} all deposits paid by Purchaser hereunder. In the event Purchaser cancels this <br />3476 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall <br />3477 be entitled to receive from Purchaser the full contract price less the amount of money saved by <br />3478 Excellance by reason of thecancellation (e.g., actual costs incurred) plus 15% of the contract price. <br />3479 <br />3480- Any warranties on the products sold hereunder ar_e those made by the manufacturer of said products. <br />3481 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or <br />3482 implied, including any implied warranty of merchantability or fitness for a particular purpose,.and <br />3483 neither assumes nor authorizes any other person to assume for it any liability in connection with <br />3484 the sale of such products. <br />3485 <br />3486 In the-event there-is a "trade-in".unit that Excellance agreed to take "in trade" as partial consideration of <br />3487 the purchase price hereunder, Excellance shall be-under no obligation to tender the MSOltit~e for the new <br />3488 unit to the purchaser until Excellance (a) receives the MSO/title for the unit to be "traded in", and (b} has <br />3489 possession of the unit "traded in".. <br />3450 <br />3491 This contract contains the entire understanding between the parties, supersedes any previous agreement or <br />3492 understanding, and any changes to this contract must be in writing and signed by_ Purchaser and Excellance. <br />3493 <br />3494 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be <br />3495- performed entirely within that state, shall govern this agreement. Any controversy or claim <br />3496 arising out-of -or relating to this agreement, or the breach thereof, shall be settled by binding <br />3497 arbitration in accordance with the rules of the American Arbitration Association and any judgment= <br />3498 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br />21 <br />Page 18 9/16/2011 10:17 AM <br />