A | General Terms of Sale
B | Terms & Conditions of Maintenance
A | General Terms of Sale
1. This order is tendered by Buyer for acceptance and shall become a binding contract only when accepted by an officer of the Seller at its office in Elk Grove Village, IL. Upon said acceptance, this order shall be effective after they shall survive (1) the delivery of the equipment ordered hereunder and (2) the signing of an additional security agreement(s) relating to said equipment. If the terms hereof conflict with any security agreement, the terms of the latter shall control.
2. Unless otherwise specifically agreed, all prices are for material packed for domestic shipment and for delivery to point of shipment. Shipping dates are approximate and based on prompt receipt of all necessary information. Title (subject to a security interest) shall pass when the goods have been delivered to Buyer and thereupon all risks shall be upon the Buyer. Buyer shall pay all transportation and delivery charges to final destination.
3. The amount of taxes stated on the reverse side hereof, if any, is approximate only. Buyer is liable for the full amount of all taxes applicable to or as a result of this transaction, exclusive of franchise taxes and taxes measured by the net income of Seller. Buyer shall pay the amount of all such taxes as at any time requested by Seller as if originally added to the price. If Seller pays such taxes, Buyer shall reimburse Seller therefore.
4. Seller shall have a security interest in the equipment delivered hereunder until the total selling price, including taxes, delivery and other charges, is paid in full by Buyer. Buyer agrees to sign and deliver to Seller any additional security agreement required by Seller to secure the amount owed. Any deposit made by Buyer hereunder may be used by Seller pending acceptance or rejection of this order.
5. Buyer hereby warrants that is has good and marketable title to any trade-in equipment delivered or to be delivered to Seller as part consideration of this sale, free and clear of any and all liens and encumbrances at the time of delivery thereof to the Seller; that Buyer has lawful right to sell the same; and that the said trade-in equipment is to be delivered to Seller in the same condition as it was when inspected by Seller or its agent. The Seller reserves the right to accept or reject said trade-in equipment at its option, if in its sole judgment the condition thereof, upon delivery to it, is not the same as when first inspected. It is agreed that the total liability of Seller to Buyer for such trade-in equipment shall be the allowance stated in this order, which amount shall be applied by Seller as partial payment upon the selling price of the equipment ordering hereunder.
6. Partial shipments may be made and payments therefore shall become due in accordance with the terms hereof.
7. Finance charges are subject to rates in effect at time of delivery of vehicle herein described.
8. The terms of the sale herein are subject to credit approval and Seller may at any time prior to delivery modify the terms of payment originally specified to require payment in advance.
9. Specification covering Seller’s products, accessories and attachments therefore are subject to change without notice in the course of production.
10. If Buyer shall fail or refuse to accept delivery of the equipment and parts ordered hereunder or shall default in the performance of any of the terms, covenants and conditions of this agreement, Seller may retain the cash deposited or paid to it and/or equipment accepted by it on account of the sale price and to apply the same toward payment of it damages. If equipment ordered has been delivered to Buyer by Seller at the time of default, Seller may declare the full amount due and payable without notice or demand and may repossess the equipment. Repossession and disposition of the equipment shall be pursuant to applicable laws.
11. Seller shall not be liable for loss or damage due to delay in delivery or manufacture, resulting from any cause beyond Seller’s reasonable control, including but not limited to, compliance with any regulations, orders, or instructions of any federal, state or municipal government or any department or any agency thereof, acts of God, acts of omission of the Buyer, acts of civil or military authority, fires, strikes, factory shutdowns or alterations, embargoes, war, riot, delays in transportation, or inability due to causes beyond the Seller’s reasonable control to obtain necessary labor, manufacturing facilities or materials from the Seller’s usual sources; and any delays resulting from any such cause shall constitute cause for extending delivery dates and receipt of the goods shall constitute a waiver of all claims for damages. In no event shall any claim for special or consequential damages be made by either party.
12. Buyer may cancel its order, reduce quantities, revise specifications or extend schedules only by mutual agreement as to reasonable and proper cancellation charges which shall take into account expense already incurred and commitments made by Seller and shall indemnify Seller against any loss.
13. Seller hereby warrants to the Buyer each new product to be free from defects in material and workmanship under normal use and maintenance as herein provided. Seller’s sole obligation under this warranty shall be limited to repairing, replacing or allowing credit for, at Seller’s option, any part of the product which under normal and proper use and maintenance proves defective in material or workmanship within ninety (90) days after delivery to Buyer or five hundred (500) hours of use by the Buyer, whichever shall occur first; provided that notice of any such defect and satisfactory proof thereof is promptly given by Buyer to Seller, and thereafter such part is returned to Seller, with transportation charges prepaid, and Seller’s examination proves such part to have been defective. This warranty does not apply in respect to damage to any product or accessory or attachment thereof caused by overloading or other misuse, neglect or accident, nor does this warranty apply to any product or accessory or attachment, thereof which shall have been repaired or altered in any way. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (except of title) expressed or implied INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, and in no event shall Seller be liable for consequential or special damages. This warranty does not apply to batteries, tires, distributor points, spark plugs or other trace accessories, which are covered by the existing warranties, if any, of the respective manufacturers thereof.
14. As to used products or equipment, they are sold “as is” and WITHOUT ANY WARRANTIES (except of title) express or implied INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. As to products or equipment, the only warranty (except of title) is that set out in separate SELLER’S USED EQUIPMENT WARRANTY.
15. The rights and obligations of Seller and Buyer under any order placed pursuant hereto shall be governed by the laws of Illinois. No waiver, modification or addition to any of the provisions of the face hereof shall be binding unless made in writing by an officer of Seller.
B | Maintenance Terms & Conditions
A. CAP: All units registered for this program must have working hour meters,(Except pallet jacks).
B. CHARGES: Are for labor only. Parts and materials, when required, will be billed at dealer’s current prices.
C. ADDITIONAL REPAIRS: Will be scheduled or done only if authorized by signatory. Labor, parts and material will be billed at dealer’s current prices (See CAP above).
D. LOCATION / AVAILABILITY: Serviceman must have prompt availability of vehicle on arrival and a suitable and safe work area must be provided. A charge for waiting time will be made at current dealer rates. A suitable place must be provided to permit mechanic to work on machines unrestricted by space limitations or other interferences.
E. ADDITIONS / DELETIONS: Of equipment covered by this agreement can be made, as requested and agreed to by both parties, with (7) days advance notice.
F. CANCELLATION: of agreement by either party must be 30 days in advance and in writing.
G. INSURANCE: Certificates for Workmen’s Compensation and Public Liabilities are available on request.
H. RESCHEDULING: dealer must be notified 24 hours in advance; Otherwise customer will be charged for call at prevailing rates.
I. RATE CHANGE: Subject to 30 days notice.