Orange County NC Website
REMOUNT PRICING <br />Version 23.0 <br />2602 1 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 1 subject to and dependent upon the Purchaser furnishing all required information to Excellance in a timely manner. <br />2604 1 <br />2605 1 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 1 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 1 the right to assign colors based upon availability. <br />2608 1 <br />2609 1 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 1 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 1 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 1 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 15% of the contract price. <br />2613 1 <br />2614 1 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 1 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 1 any other person to assume for it any liability in connection with the sale of such products. <br />2617 1 <br />2618 11 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 no <br />2619 1 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 1 the unit "traded in". <br />2621 1 <br />2622 1 This contract contains the entire understanding between the parties, supersedes any previous agreement or understanding, and any changes to this contract <br />2623 1 must be in writing and signed by Purchaser and Excellance. <br />2624 1 <br />2625 1 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 1 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 1 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 />Docusign Envelope ID: EF1EEE70-841D-4BBC-A429-CADADA6E1ED9