2019-078-E Emergency Svc - Excellance Ambulance remounts

Browse Search

DocuSign Envelope ID:AE287F51-01B84E78-6810-35248133BBDE2 REMOUNT PRICING Version 18.3 2657 All delivery dates are approximate unless otherwise indicated and are subject to and dependent 2658 upon the Purchaser furnishing all required information to Excellance in a timely manner. 2659 2660 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs, fires, 2661 accidents, Government regulations, inability to secure materials or other causes beyond 2662 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. 2663 If colors are not specified, Excellance retains the right to assign colors based upon availability. 2664 2665 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s) covered 2666 hereunder, then Excellance shall be entitled to receive from Purchaser the greater of (a) 15%of the 2667 contract price, or(b) all deposits paid by Purchaser hereunder. In the event Purchaser cancels this 2668 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall 2669 be entitled to receive from Purchaser the full contract price less the amount of money saved by 2670 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 15%of the contract price. 2671 2672 Any warranties on the products sold hereunder are those made by the manufacturer of said products. 2673 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or 2674 implied, including any implied warranty of merchantability or fitness for a particular purpose, and 2675 neither assumes nor authorizes any other person to assume for it any liability in connection with 2676 the sale of such products. 2677 2678 In the event there is a"trade-in"unit that Excellance agreed to take"in trade"as partial consideration of 2679 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new 2680 unit to the purchaser until Excellance(a) receives the MSO/title for the unit to be"traded in", and (b) has 2681 possession of the unit"traded in". 2682 2683 This contract contains the entire understanding between the parties, supersedes any previous agreement or 2684 understanding, and any changes to this contract must be in writing and signed by Purchaser and Excellance. 2685 2686 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be 2687 performed entirely within that state, shall govern this agreement. Any controversy or claim 2688 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding 2689 arbitration in accordance with the rules of the American Arbitration Association and any judgment 2690 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 2691 2692 IMPORTANT INFORMATION REGARDING CHASSIS: 2693 The$350 charge for handling each customer/dealer supplied chassis covers only the following 2694 items: unloading and storing the chassis, test driving and checking the chassis against the specifications 2695 supplied by the customer, inventory and store loose parts delivered with the chassis, electrical 2696 tests on all chassis power circuits, tire alignment, washing, detailing & polishing, fueling, 2697 checking gauges, brakes, all fluid levels and air in the tires prior to final delivery. THE CUSTOMER IS 2698 STILL RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH (A) MODIFYING, REPAIRING AND/OR 2699 REPLACING DAMAGED AND MISSING PARTS DELIVERED WITH THE CHASSIS;AND (B) 2700 CORRECTING ANY CHASSIS THAT WAS NOT ORDERED CORRECTLY. Rev:062818 15 of 17 1/8/2019 9:27 AM