Orange County NC Website
REMOUNT PRICING <br />Version 19.0 <br />2657 1 All delivery dates are approximate unless otherwise indicated and are subject to and dependent <br />2658 1 upon the Purchaser furnishing all required information to Excellance in a timely manner. <br />2659 1 <br />2660 1 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs, fires, <br />2661 1 accidents, Government regulations, inability to secure materials or other causes beyond <br />2662 1 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. <br />2663 1 If colors are not specified, Excellance retains the right to assign colors based upon availability. <br />2664 1 <br />2665 1 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s) covered <br />2666 1 hereunder, then Excellance shall be entitled to receive from Purchaser the greater of (a) 15% of the <br />2667 1 contract price, or (b) all deposits paid by Purchaser hereunder. In the event Purchaser cancels this <br />2668 11 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall <br />2669 1 be entitled to receive from Purchaser the full contract price less the amount of money saved by <br />2670 1 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 15% of the contract price. <br />2671 1 <br />2672 1 Any warranties on the products sold hereunder are those made by the manufacturer of said products. <br />2673 1 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or <br />2674 1 implied, including any implied warranty of merchantability or fitness for a particular purpose, and <br />2675 1 neither assumes nor authorizes any other person to assume for it any liability in connection with <br />2676 1 the sale of such products. <br />2677 1 <br />2678 1 In the event there is a "trade-in" unit that Excellance agreed to take "in trade" as partial consideration of <br />2679 11 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new <br />2680 1 unit to the purchaser until Excellance (a) receives the MSO/title for the unit to be "traded in", and (b) has <br />2681 1 possession of the unit "traded in". <br />2682 1 <br />2683 1 This contract contains the entire understanding between the parties, supersedes any previous agreement or <br />2684 1 understanding, and any changes to this contract must be in writing and signed by Purchaser and Excellance. <br />2685 1 <br />2686 1 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be <br />2687 1 performed entirely within that state, shall govern this agreement. Any controversy or claim <br />2688 1 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding <br />2689 1 arbitration in accordance with the rules of the American Arbitration Association and any judgment <br />2690 1 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br />2691 1 <br />2692 1 IMPORTANT INFORMATION REGARDING CHASSIS: <br />2693 1 The $350 charge for handling each customer / dealer supplied chassis covers only the following <br />2694 1 items: unloading and storing the chassis, test driving and checking the chassis against the specifications <br />2695 1 supplied by the customer, inventory and store loose parts delivered with the chassis, electrical <br />2696 1 tests on all chassis power circuits, tire alignment, washing, detailing & polishing, fueling, <br />2697 1 checking gauges, brakes, all fluid levels and air in the tires prior to final delivery. THE CUSTOMER IS <br />2698 1 STILL RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH (A) MODIFYING, REPAIRING AND/OR <br />2699 1 REPLACING DAMAGED AND MISSING PARTS DELIVERED WITH THE CHASSIS; AND (B) <br />2700 1 CORRECTING ANY CHASSIS THAT WAS NOT ORDERED CORRECTLY. <br />Rev: 05/21/19 15 of 16 7/23/2019 1:11 PM <br />DocuSign Envelope ID: 894792A6-7781-44EE-8915-1BC88F8277CE