Orange County NC Website
DocuSign Envelope ID:791B8A8D-56E7-46E8-9C1E-E15DF599B542 <br /> REMOUNT PRICING <br /> Version 18.3 <br /> 2657 All delivery dates are approximate unless otherwise indicated and are subject to and dependent <br /> 2658 upon the Purchaser furnishing all required information to Excellance in a timely manner. <br /> 2659 <br /> 2660 Fulfillment of this order by Excellance shall be contingent upon strikes,lock-outs,fires, <br /> 2661 accidents,Government regulations,inability to secure materials or other causes beyond <br /> 2662 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. <br /> 2663 If colors are not specified,Excellance retains the right to assign colors based upon availability. <br /> 2664 <br /> 2665 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s)covered <br /> 2666 hereunder,then Excellance shall be entitled to receive from Purchaser the greater of(a)15%of the <br /> 2667 contract price,or(b)all deposits paid by Purchaser hereunder. In the event Purchaser cancels this <br /> 2668 order after Excellance begins production on the unit(s)covered hereunder,then Excellance shall <br /> 2669 be entitled to receive from Purchaser the full contract price less the amount of money saved by <br /> 2670 Excellance by reason of the cancellation(e.g.,actual costs incurred)plus 15%of the contract price. <br /> 2671 <br /> 2672 Any warranties on the products sold hereunder are those made by the manufacturer of said products. <br /> 2673 Excellance,as the seller of such products,expressly disclaims all warranties,either expressed or <br /> 2674 implied,including any implied warranty of merchantability or fitness for a particular purpose,and <br /> 2675 neither assumes nor authorizes any other person to assume for it any liability in connection with <br /> 2676 the sale of such products. <br /> 2677 <br /> 2678 In the event there is a"trade-in"unit that Excellance agreed to take"in trade"as partial consideration of <br /> 2679 the purchase price hereunder,Excellance shall be under no obligation to tender the MSO/title for the new <br /> 2680 unit to the purchaser until Excellance(a)receives the MSO/title for the unit to be"traded in",and(b)has <br /> 2681 possession of the unit"traded in". <br /> 2682 <br /> 2683 This contract contains the entire understanding between the parties,supersedes any previous agreement or <br /> 2684 understanding,and any changes to this contract must be in writing and signed by Purchaser and Excellance. <br /> 2685 <br /> 2686 Arbitration provision: The laws of the state of Alabama,as applicable to contracts to be <br /> 2687 performed entirely within that state,shall govern this agreement. Any controversy or claim <br /> 2688 arising out of or relating to this agreement,or the breach thereof,shall be settled by binding <br /> 2689 arbitration in accordance with the rules of the American Arbitration Association and any judgment <br /> 2690 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br /> 2691 <br /> 2692 IMPORTANT INFORMATION REGARDING CHASSIS: <br /> 2693 The$350 charge for handling each customer/dealer supplied chassis covers only the following <br /> 2694 items: unloading and storing the chassis,test driving and checking the chassis against the specifications <br /> 2695 supplied by the customer,inventory and store loose parts delivered with the chassis,electrical <br /> 2696 tests on all chassis power circuits,tire alignment,washing,detailing&polishing,fueling, <br /> 2697 checking gauges,brakes,all fluid levels and air in the tires prior to final delivery. THE CUSTOMER IS <br /> 2698 STILL RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH(A)MODIFYING,REPAIRING AND/OR <br /> 2699 REPLACING DAMAGED AND MISSING PARTS DELIVERED WITH THE CHASSIS;AND(B) <br /> 2700 CORRECTING ANY CHASSIS THAT WAS NOT ORDERED CORRECTLY. <br /> Rev:062818 15 of 17 1/8/2019 9:27 AM <br />