2018-161-E AMS - Excellance Remounting Contract

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DocuSign Envelope ID: D329DEE1- 1083 - 4935- A32C- FCOODAA234AC REMOUNT PRICING Version 15.1 2790 for at current rates with additional time being allowed Excellance for delivery. 2791 2792 Price is exclusive of taxes, licenses, etc. which shall be the responsibility of purchaser. 2793 All delivery dates are approximate unless otherwise indicated and are subject to and dependent 2794 upon the Purchaser furnishing all required information to Excellance in a timely manner. 2795 2796 Fulfillment of this order by Excellance shall be contingent upon strikes, lock -outs, fires, 2797 accidents, Government regulations, inability to secure materials or other causes beyond 2798 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. 2799 If colors are not specified, Excellance retains the right to assign colors based upon availability. 2800 2801 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s) covered 2802 hereunder, then Excellance shall be entitled to receive from Purchaser the greater of (a) 15% of the 2803 contract price, or (b) all deposits paid by Purchaser hereunder. In the event Purchaser cancels this 2804 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall 2805 be entitled to receive from Purchaser the full contract price less the amount of money saved by 2806 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 15% of the contract price. 2807 2808 Any warranties on the products sold hereunder are those made by the manufacturer of said products. 2809 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or 2810 implied, including any implied warranty of merchantability or fitness for a particular purpose, and 2811 neither assumes nor authorizes any other person to assume for it any liability in connection with 2812 the sale of such products. 2813 2814 In the event there is a "trade -in" unit that Excellance agreed to take "in trade" as partial consideration of 2815 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO /title for the new 2816 unit to the purchaser until Excellance (a) receives the MSO /title for the unit to be "traded in ", and (b) has 2817 possession of the unit "traded in ". 2818 2819 This contract contains the entire understanding between the parties, supersedes any previous agreement or 2820 understanding, and any changes to this contract must be in writing and signed by Purchaser and Excellance. 2821 2822 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be 2823 performed entirely within that state, shall govern this agreement. Any controversy or claim 2824 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding 2825 arbitration in accordance with the rules of the American Arbitration Association and any judgment 2826 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 2827 2828 IMPORTANT INFORMATION REGARDING CHASSIS: 2829 The $350 charge for handling each customer / dealer supplied chassis covers only the following 2830 items: unloading and storing the chassis, test driving and checking the chassis against the specifications 2831 supplied by the customer, inventory and store loose parts delivered with the chassis, electrical 2832 tests on all chassis power circuits, tire alignment, washing, detailing & polishing, fueling, 2833 checking gauges, brakes, all fluid levels and air in the tires prior to final delivery. THE CUSTOMER IS Rev:082013 13 of 15 3/26/2018 4:52 PM