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DocuSign Envelope ID:2F57457B-A466-4E84-8672-82E24B7EA8B7
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<br /> STANDARD TERMS AND CONDITIONS OF SALE
<br /> A. Offer and Acceptance. This purchase order is an offer by Buyer to purchase the Equipment described herein (the
<br /> "Equipment") and is subject to acceptance by Pete Duty Et Associates' duly authorized representative at its home or
<br /> branch office. Any acceptance of this offer is limited to acceptance of the express terms and conditions hereof. These
<br /> terms and conditions shall govern the contract for sale of the Equipment to Buyer, and if Buyer proposes any additional or
<br /> different terms, these terms and conditions shall prevail. Pete Duty Et Associates objects to the inclusion of any such
<br /> additional or different terms.
<br /> B. Warranty. The Equipment is warranted only to the extent provided by the manufacturer in its limited warranty, if any,
<br /> pertaining thereto, a copy of which is available at Buyer's request. Pete Duty Et Associates , however, EXTENDS NO
<br /> WARRANTY OF ANY KIND WITH RESPECT TO THE EQUIPMENT, AND ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED,
<br /> INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
<br /> C. Time of Shipment. Pete Duty Et Associates will use reasonable diligence to meet the scheduled shipment dates provided
<br /> herein, which are estimates and not guarantees of when the Equipment will actually be shipped. In no event shall Pete
<br /> Duty Et Associates be liable for any loss or damage of any kind to any person, incidental or consequential, due to delays in
<br /> shipments. Buyer's acceptance of delivery shall constitute a waiver of any claim of damage for delay.
<br /> D. Force Majeure. Pete Duty Et Associates shall not be liable for damages of any kind caused by delays in shipment, delivery
<br /> or any other nonperformance of the contract directly or indirectly resulting from or contributed to by any circumstances
<br /> beyond Pete Duty Et Associates' control, including without limitation, accident to Pete Duty Et Associates' plant or
<br /> Equipment, riots, wars or national emergencies, labor disputes of every kind however caused, embargoes, non-delivery by
<br /> suppliers, inability to obtain supplies through normal sources of supplies, delays of carriers or postal authorities or
<br /> governmental restrictions, prohibitions or diversions. The occurrence of any such circumstance shall operate to extend
<br /> Pete Duty Et Associates' time of performance hereunder for a period not less than the period of such delay.
<br /> E. Cancellation. Any cancellation of this contract must be in writing signed by Buyer and Pete Duty Et Associates. Upon such
<br /> cancellation, Buyer agrees to pay Pete Duty Et Associates immediately all costs and expenses incurred by Pete Duty Et
<br /> Associates in connection with the contract. Such costs and expenses shall include without limitation Pete Duty Et
<br /> Associates' cost of labor applied to the contract, overhead, costs of any materials applied to or ordered for the contract
<br /> and any charges imposed upon Pete Duty Et Associates by its suppliers or subcontractors.
<br /> F. Remedies Upon Breach. If Buyer breaches this contract, Pete Duty Et Associates shall be entitled, in addition to any other
<br /> remedy at law or equity, to recover all costs and expenses incurred by Pete Duty Et Associates in connection with the
<br /> contract. Such costs and expenses shall include, without limitation, Pete Duty Et Associates' costs of labor applied to the
<br /> contract, overhead, costs of any materials applied to or ordered for the contract, and any charges imposed order by its
<br /> suppliers or subcontractors. If Pete Duty Et Associates breaches this contract, Buyer's exclusive remedy shall be to
<br /> terminate this contract by written notice thereof to Pete Duty Et Associates, and to receive a refund of the invoice price,
<br /> if previously paid, of any Equipment that has not been shipped or otherwise identified to the contract as of the date of
<br /> such termination. Notwithstanding such termination of the contract, however, Buyer shall immediately pay Pete Duty Et
<br /> Associates the invoice price of any Equipment that has been so shipped or so identified to the contract, if not previously
<br /> paid, and shall be entitled to receive such Equipment from Pete Duty Et Associates upon Pete Duty Et Associates' receipt of
<br /> such payment. In no event, shall Pete Duty Et Associates be liable for any additional damages of any kind, including
<br /> without limitation incidental or consequential damages.
<br /> G. Costs of Collection and Enforcement. Buyer shall pay all of Pete Duty Et Associates' costs, including reasonable attorney's
<br /> fees, of collecting any amount not paid when due hereunder or of otherwise enforcing the terms and conditions of this
<br /> contract.
<br /> H. Governing Law. This contract shall be governed by North Carolina law. Any action by Buyer seeking to enforce the
<br /> provisions hereof shall be brought and maintained in a state or federal court of competent jurisdiction located in Orange
<br /> County, North Carolina. Pete Duty Et Associates may, in its sole discretion, bring and/or maintain any action seeking to
<br /> enforce the provisions hereof in any state or federal court of competent jurisdiction located in Orange County, North
<br /> Carolina. Buyer, its successors and assigns hereby submit themselves to the personal jurisdiction of any state or federal
<br /> court of competent jurisdiction located in said county.
<br /> i. General Provisions. Any cause of action arising under this contract must be commenced within six months after such
<br /> cause of action accrues. Pete Duty Et Associates has the right the correct any stenographical or clerical errors in any of
<br /> the writings issued by it. The terms and conditions stated herein constitute the complete and exclusive statement of the
<br /> terms and conditions of the sale of the Equipment under this contract and there are no other promises, conditions,
<br /> understandings, representations or warranties of any kind. This contract may be modified only by a writing signed by
<br /> Pete Duty Et Associates. The failure of Pete Duty Et Associates to enforce any right hereunder will not be construed as a
<br /> waiver of its right to performance in the future.
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