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REMOUNT PRICING 28 <br /> Version 23.0 <br /> 2602 Price is exclusive of taxes, licenses, etc.which shall be the responsibility of purchaser.All delivery dates are approximate unless otherwise indicated and are <br /> 2603 subject to and dependent upon the Purchaser furnishing all required information to Excellance in a timely manner. <br /> 2604 <br /> 2605 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs,fires, accidents, Government regulations, inability to secure materials or other <br /> 2606 causes beyond Excellance's control. Excellance may substitute comparable parts if the specified part is not available. If colors are not specified, Excellance retains <br /> 2607 the right to assign colors based upon availability. <br /> 2608 <br /> 2609 In the event Purchaser cancels this order prior to Excellance beginning production on the unit(s)covered hereunder,then Excellance shall be entitled to receive <br /> 2610 from Purchaser the greater of(a) 15%of the contract price, or(b)all deposits paid by Purchaser hereunder. In the event Purchaser cancels this order after Excellance <br /> 2611 begins production on the unit(s)covered hereunder, then Excellance shall be entitled to receive from Purchaser the full contract price less the amount of money saved by <br /> 2612 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 15%of the contract price. <br /> 2613 <br /> 2614 Any warranties on the products sold hereunder are those made by the manufacturer of said products. Excellance, as the seller of such products, expressly disclaims <br /> 2615 all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and neither assumes nor authorizes <br /> 2616 any other person to assume for it any liability in connection with the sale of such products. <br /> 2617 <br /> 2618 In the event there is a"trade-in" unit that Excellance agreed to take"in trade"as partial consideration of the purchase price hereunder, Excellance shall be under nc <br /> 2619 obligation to tender the MSO/title for the new unit to the purchaser until Excellance(a)receives the MSO/title for the unit to be"traded in", and (b)has possession of <br /> 2620 the unit"traded in". <br /> 2621 <br /> 2622 This contract contains the entire understanding between the parties, supersedes any previous agreement or understanding, and any changes to this contract <br /> 2623 must be in writing and signed by Purchaser and Excellance. <br /> 2624 <br /> 2625 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be performed entirely within that state, shall govern this agreement. Any <br /> 2626 controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American <br /> 2627 Arbitration Association and any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. <br /> Rev: 5/18/23 Page 16 of 16 9/17/2024 8:07 AM <br />