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3093 1 for at current rates with additional time being allowed Excellance for delivery. <br />3094 1 <br />3095 1 Price is exclusive of taxes, licenses, etc. which shall be the responsibility of Customer. <br />3096 1 All delivery dates are approximate unless otherwise indicated and are subject to and dependent <br />3097 1 upon the Customer furnishing all required information to Excellance in a timely manner. <br />3098 1 <br />3099 1 Excellance shall not be liable for failure to deliver or delay in delivering any Product(s) covered <br />3100 1 by this order where such failure or delay is due, in whole or in part, to any cause beyond the <br />3101 1 reasonable control, or is without the gross negligence or intentional misconduct, of Excellance. <br />3102 1 <br />3103 1 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs, fires, <br />3104 1 accidents, Government regulations, inability to secure materials or other causes beyond <br />3105 1 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. <br />3106 1 If colors are not specified, Excellance retains the right to assign colors based upon availability. <br />3107 1 <br />3108 1 In the event Customer cancels this order prior to Excellance beginning production on the unit(s) covered <br />3109 1 hereunder, then Excellance shall be entitled to receive from Customer the greater of (a) 20% of the <br />3110 1 contract price, or (b) all deposits paid by Customer hereunder. In the event Customer cancels this <br />3111 1 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall <br />3112 1 be entitled to receive from Customer the full contract price less the amount of money saved by <br />3113 1 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 20% of the contract price. <br />3114 1 <br />3115 1 Any warranties on the products sold hereunder are those made by the manufacturer of said products. <br />3116 1 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or <br />3117 1 implied, including any implied warranty of merchantability or fitness for a particular purpose, and <br />3118 1 neither assumes nor authorizes any other person to assume for it any liability in connection with <br />3119 1 the sale of such products. <br />3120 1 <br />3121 1 In the event there is a "trade-in" unit that Excellance agreed to take "in trade" as partial consideration of <br />3122 1 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new <br />3123 1 unit to the Customer until Excellance (a) receives the MSO/title for the unit to be "traded in", and (b) has <br />3124 1 possession of the unit "traded in". <br />3125 1 <br />3126 1 Customer agrees that in the event of any Action brought by Customer against Excellance, Purchaser <br />3127 1 shall not be entitled to recover any incidental or consequential damages as defined in the Uniform <br />3128 1 Commercial Code, including but not limited to indirect or special damages, loss of income or <br />3129 1 anticipated profits, or down-time, or any punitive damages. <br />3130 1 <br />3131 1 This contract contains the entire understanding between the parties, supersedes any previous agreement or <br />3132 1 understanding, and any changes to this contract must be in writing and signed by Customer and Excellance. <br />3133 1 <br />3134 1 No waiver of any term of this order shall be valid unless it is in writing and signed by an officer of <br />3135 1 Excellance. If any provision or part of any provision of this order shall be deemed to violate any applicable <br />3136 1 law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining <br />3137 1 part of that provision and the remainder of this document shall continue to be binding and enforceable. <br />3138 1 <br />3139 1 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be <br />3140 1 performed entirely within that state, shall govern this agreement. Any controversy or claim <br />3141 1 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding <br />3142 1 arbitration in accordance with the rules of the American Arbitration Association and any judgment <br />3143 1 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br />AQ Version 19.4 (Rev. A) Page 16 of 16 10/6/2022 3:01 PM <br />DocuSign Envelope ID: 5D83941A-B9C3-45F9-A9A3-48A26AF47967