2019-533-E DEAPR - Miracle Recreation Equipment Company Efland slide

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DocuSign Envelope ID:Al 02013E-8A93-4147-8909-71F057AA3A2A Freight: $192.11 Installation: $500.00 Products by Other: $0.00 SubTotal: $1,761,60 Estimated Sales Tax*: $94.62 Grand Total: $1,856.22 Notes: This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"), Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer,and signed Quotes cannot be accepted from Sales Representative. To submit this offer,please sign below and forward a complete signed copy of this Quote directly to"Miracle Sales Administration"via fax(417)235-3551 or email:orders@m':raclerce.com. Upon acceptance,Miracle will return a fully-signed copy of the Quote to Customer(with copy to Sales Representative)via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer,in writing or otherwise,as material alterations,and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas,TX 75373-4154,unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle,and shall promptly pay and discharge all otherwise applicable taxes, license Fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0100194100 Quote Date: 7/2 212 0 1 9 Equipment: $1,069.49 Grand Total: $1,856.22 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Bate THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS&CONDITIONS OF SALE 1. Use&Maintenance. Customer agrees to regularly inspect and maintain the Equipment,and to provide,inspect and maintain appropriate safety surfacing under and around the Equipment,in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety, 2. DefauIt,Remedies&Delinquency Charges. Customer's failure to pay any invoice when due,or its failure to otherwise comply with the terms of this Quote,shall constitute a default under all unsatisfied invoices("Event of Default"). Upon an Event of Default,Miracle shall have all remedies available to it at law or equity,including,without limitation,all remedies afforded a secured creditor under the Uniform Commercial Cade. 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 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 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 shall pay all reasonable attorneys fees plus any casts of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under 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 in such month and is not received by Miracle within ten(10)days after the date on which due. 3. Limitation of Warrantyl Indemnity, MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND,INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT,ITS FAILURE TO MAINTAIN THE EQUIPMENT,ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE,OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES. INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC 7/22/2019 Page 2 of 3 QUOTE: R0100194100