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DocuSign Envelope ID: FE2D5F70-64AE-410D-A6C6-DD13D47242FB
<br /> if
<br /> Administration"via fax(417)235-3551 or email:orders@rniracleree.com. Upon acceptance,Miracle will return a fully-signed copy of the Quote to
<br /> Customer(with copy to Sales Representative)via fax or email.
<br /> THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
<br /> Customer,in writing or otherwise,as material alterations,and all such proposed terms sha[l be void. Customer authorizes Miracle to ship the
<br /> Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by
<br /> Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Sox 734154,
<br /> Dallas,TX 75373-4154,unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due
<br /> invoices. Customer must provide proper tax exemption certificates to Miracle,and shall promptly pay and discharge all otherwise applicable taxes,
<br /> license fees,levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of
<br /> Miracle Recreation Equipment Company.
<br /> Quote]Number: R0100194064 Quote Date: 1/22/2019 Equipment: $4,152.00 Grand Total: $8,639.80
<br /> CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
<br /> AND SUBJECT TO FINAL APPROVAL BY MIRACLE.
<br /> Submitted By Printed Dame and Title Date
<br /> THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT
<br /> By. Date:
<br /> ADDITIONAL TERMS&CONDITIONS OF SALE
<br /> 1. Use&Maintenance. Customer agrees to regularly inspect and maintain the Equipment,and to provide,inspect and maintain appropriate
<br /> safety surfacing under and around the Equipment,in accordance with Miracle's product literature and the most current Consumer Product Safety
<br /> Commission Handbook for Public Playground Safety.
<br /> 2, Default,Remedies&Delinquency Charges. Customees failure to pay any invoice when due,or its failure to otherwise comply with the
<br /> terms of this Quote,shall constitute a default under all unsatisfied invoices("Event of Default"). Upon an Event of Default,Miracle shall have all
<br /> remedies available to it at law or equity,including,without limitation,all remedies afforded a secured creditor under the Uniform Commercial Code.
<br /> Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment
<br /> or its location or its repossession of the Equipment,and Customer expressly waives all rights to possess the Equipment after an Event of Default. All
<br /> remedies are cumulative and not alternative,and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer
<br /> shall pay all reasonable attorneys fees plus any casts of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under
<br /> law, Customer shall pay to Miracle as liquidated damages,and not as a penalty,an amount equal to 1.5%per month of any payment that is delinquent
<br /> in such month and is not received by Miracle within ten(10)days after the date on which due.
<br /> 3. Limitation of Warranty/Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD
<br /> WARRANTIES ISSUED WITH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY
<br /> DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
<br /> INCIDENTAL OR CONSEQUENTIAL DAMAGES, CUSTOMER AGREES TO DEFEND,INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL
<br /> CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT,ITS FAILURE TO
<br /> MAINTAIN THE EQUIPMENT,ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE,OR ITS FAILURE TO PROVIDE AND MAINTAIN
<br /> APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES
<br /> INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC
<br /> PLAYGROUND SAFETY.
<br /> 4. Restrictions. Until all amounts due hereunder are paid in full,Customer shall not:(i)permit the Equipment to be levied upon or attached
<br /> under any legal process;(ii)transfer title to the Equipment or any of Customer's rights therein;or(iii) remove or permit the removal of the Equipment to
<br /> any location not specified In this Quote.
<br /> 5, Purchase Money Security Interest. Customer hereby grants,pledges and assigns to Miracle,and Miracle hereby reserves a purchase
<br /> money security interest in,the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer
<br /> agrees that Miracle may file one or more financing statements,in order to allow it to perfect,acquire and maintain a superior security interest in the
<br /> Equipment.
<br /> 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted,and the parties'obligations shall be
<br /> governed,by the laws of the State of Missouri without reference to its choice of iaw provisions. Customer hereby consents to the personal jurisdiction of
<br /> the state and federal courts located in the city and county of St.Louis,Missouri.
<br /> 7. Title;Risk of Loss;Insurance, Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all
<br /> risk of loss or destruction of or damage to the Equipment by reason of theft,fire,water,or any other cause,and the occurrence of any such casualty
<br /> shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full,Customer shall
<br /> insure the Equipment against all such losses and casualties.
<br /> 8. Waiver;Invalidity. Miracle may waive a default hereunder,or under any invoice or other agreement between Customer and Miracle,or
<br /> cure such a default at Customer's expense,but shall have no obligation to do either.. No waiver shall be deemed to have taken place unless it is in
<br /> 1/22/2019 Page 3 of 4
<br /> QUOTE. RDIOO194064
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