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19 <br /> AutoQuote 12.1 <br /> 3506 Failure to select an option on this order form will result in:(i) no charge to the customer, <br /> 3507 (ii)no obligation by Excellance for that item,and(iii)the possibility of a$250 charge for <br /> 3508 changes or additions that occur after production begins on a vehicle. To select any option <br /> 3509 you must either:(a) enter "1" in the "( )", OR (b) enter a specific number in the <br /> 3510 when instructed to do so. <br /> 3511 <br /> 3512 Review this order carefully. Changes, alterations or additional work ordered shall be charged <br /> 3513 for at current rates with additional time being allowed Excellance for delivery. <br /> 3514 <br /> 3515 Price is exclusive of taxes, licenses, etc.which shall be the responsibility of purchaser. <br /> 3516 All delivery dates are approximate unless otherwise indicated and are subject to and dependent <br /> 3517 upon the Purchaser furnishing all required information to Excellance in a timely manner. <br /> 3518 <br /> 3519 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs,fires, <br /> 3520 accidents,Government regulations, inability to secure materials or other causes beyond <br /> 3521 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. <br /> 3522 If colors are not specified, Excellance retains the right to assign colors based upon availability. <br /> 3523 <br /> 3524 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s)covered <br /> 3525 hereunder,then Excellance shall be entitled to receive from Purchaser the greater of(a) 15%of the <br /> 3526 contract price,or(b)all deposits paid by Purchaser hereunder. In the event Purchaser cancels this <br /> 3527 order after Excellance begins production on the unit(s)covered hereunder,then Excellance shall <br /> 3528 be entitled to receive from Purchaser the full contract price less the amount of money saved by <br /> 3529 Excellance by reason of the cancellation (e.g.,actual costs incurred)plus 15%of the contract price. <br /> 3530 <br /> 3531 Any warranties on the products sold hereunder are those made by the manufacturer of said products. <br /> 3532 Excellance,as the seller of such products,expressly disclaims all warranties,either expressed or <br /> 3533 implied, including any implied warranty of merchantability or fitness for a particular purpose,and <br /> 3534 neither assumes nor authorizes any other person to assume for it any liability in connection with <br /> 3535 the sale of such products. <br /> 3536 <br /> 3537 In the event there is a"trade-in"unit that Excellance agreed to take"in trade"as partial consideration of <br /> 3538 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new <br /> 3539 unit to the purchaser until Excellance(a) receives the MSO/title for the unit to be"traded in",and(b) has <br /> 3540 possession of the unit"traded in". <br /> 3541 <br /> 3542 This contract contains the entire understanding between the parties,supersedes any previous agreement or <br /> 3543 understanding, and any changes to this contract must be in writing and signed by Purchaser and Excellance. <br /> 3544 <br /> 3545 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be <br /> 3546 performed entirely within that state,shall govern this agreement. Any controversy or claim <br /> 3547 arising out of or relating to this agreement,or the breach thereof,shall be settled by binding <br /> 3548 arbitration in accordance with the rules of the American Arbitration Association and any judgment <br /> 3549 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br /> Page 17 9/4/2012 1:41 PM <br />