The following terms and conditions shall also apply to the approved proposal:
A. For all equipment quoted as installed, the following provisions shall be applicable:
1.) Buyer shall provide access to the place of installation in a timely and continuous fashion. Expense incurred by Seller where premises are not accessible shall be billed a an additional payable upon receipt of invoice.
2.) Electric current, light, heat, hoisting or elevator service for delivery and/or installation shall be furnished to Seller without change
A. Buyer shall make no assignment of this agreement or transfer, sell or encumber all or part of the equipment without prior consent in writing of Seller
A. This agreement shall be binding upon and inure to the benefit of the parties, their .successors, heirs, executors, administrators and assigns.
4. Attorneys' Fees
A. Buyer shall pay all costs, charges, expenses and disbursements. including reasonable attorneys' fees, incurred by the Seller in taking and reselling the equipment or in collecting any sum which may be due and owing to the seller from the Buyer hereunder or in the enforcement of any other term or provision required to be performed by Buyer hereunder whether or not suit lo be instituted in respect thereto.
A. Buyer shall not be relieved of this obligation to accept and pay for any merchandise sold hereunder in the event of Buyer's written notice of cancellation for purchase of any of the merchandise hereunder, unless said written notice is received by Seller.
1.) Prior to Seller incurring any obligation whatsoever to any third party with respect to this contract.
2.) Prior to the expiration of five (5) days from the date hereof.
6. Change of Address
A. Buyer will give immediate written notice of any change of residence or business address
7. Contract Liability
A. All persons executing this agreement as Buyer are principals and jointly and severally bound each for the whole
8. Cost Increases
A. Seller may, on ten (10) days' written notice to Buyer, increase the selling price of any merchandise sold hereunder to the extent that Seller's cost may be increased as a result of:
1.) Any agreements, codes or legislative enactments made or enacted to pursuance of Federal, State or Municipal legislation.
2.) Increase in costs of labor, raw material or overhead.
3.) Taxes or other charges imposed by Government authority upon the production or sale of such products materials or merchandise used in the manufacture thereof
4.) Increase of existing freight rates.
A. Any credit statements or application made or presented lo Seller is true and correct
A. This contract is subject to and the Seller shall not be responsible or liable for delay, directly or indirectly resulting from or contributed to by fire, embargo, strike, differences with workmen, acts of God, war or the adoption, or enactment of any law, ordinance regulation ruling or order directly or indirectly interfering with or rendering more the production or delivery ,hereunder, failure to secure materials from usual sources of supply, lack of the usual means of transportation, floods or any other circumstances beyond the Seller's control, either of the foregoing nature or of any other kind of nature of description in the Seller's or its suppliers, plants, or otherwise affecting transportation or production of said merchandise or any ingredients used in or in connection with its production. In the event that any one or more deliveries hereunder is suspended or delayed by any reason or more than one of the contingencies described above, any and all deliveries so suspended or delayed shall be made after such disabilities have ceased to exist and nothing herein contained shall be construed as a lessening of the full amount of merchandise herein purchased but only as deferring delivery thereof payment therefor.
1 1. Hookups
A. On installations requiring connections such as electrical, air conditioning, etc. such trades performing this work shall be provided by and at the expense of Buyer.
A Buyer will keep all equipment and merchandise purchased hereunder insured in Seller’s favor against the risk of fire, theft and accidental physical damage until such time as payment in full is accepted by Seller
B. Buyer will assume full risk of loss or damage.
13. Late Payments
A. All delinquent payments and sums due hereunder shall bear interest at eighteen (I8%) percent annum until paid.
B. Acceptance by Seller of any partial or late payment or Seller's failure to object to any default shall not constitute a waiver of any default then existing or thereafter occurring.
A. The cost of premium pay for labor performed at Buyer's request during other than normal work-day working house shall be billed as an additional payable upon receipt of invoice
15. Personal Property
A. The equipment shall remain personal property regardless of the extent to which the same may be affixed to, or used in connection with, any realty, and shall not under any circumstances be deemed to become a part of reality.
A. Buyer shall he responsible for any cleaning of the premises or equipment necessary to prepare the premises for occupancy or operation.
B Seller shall use reasonable care in leaving the premises neat alter installation.
A. Seller shall, in addition to the rights and remedies provided hereunder, have all rights and remedies on default allowed the holder of a security interest under division 9 of the California Commercial Code, including reasonable attorneys' fees and legal expenses incurred, but subject to all restrictions and obligations otherwise imposed by law. Without limiting the scope of those remedies. Seller shall have the right, at any lime after buyer's default and without notice to Buyer (except when required by law) to:
1.) Accelerate the entire unpaid obligation.
2.) Repossess and without breach of the peace, remove collateral from the private premises of Buyer and Buyer hereby authorizes Seller and its agents lo enter said premises.
18 Security Interest / Title
A. Seller shall have a security interest in and retain title to all merchandise and equipment purchased hereunder until Buyer has fully performed all of its obligations under this agreement, including any future add-ons, late and extension charges, time charges and all other advances or expenses permitted by this agreement or by law. So long as Seller continues to have such a security interest and retain title. Buyer shall, with regard to all such equipment and merchandise:
I.) Pay and discharge all taxes and liens promptly.
2.) Maintain in good order and make all repairs.
3.) Use only for lawful purposes.
4.) Use and keep only at the location where delivered
5.) Affix to real property only with the prior written consent of Seller.
A. This instrument constitutes the entire agreement between the parties and no express or implied warranties or representations have been made in reference to the equipment by the Seller to the Buyer unless expressly stated herein. Buyer has made an independent investigation of the equipment and has relied solely upon his own investigation with reference thereto and in entering into this agreement and is completely satisfied therewith. No oral or written statement made in connection with this agreement or in connection with said proposal and schedule by Seller or Seller's agent shall be binding upon Seller unless reduced to writing, signed by an authorized officer of Seller, and attached to this agreement.
B. Buyer agrees that no promise, affirmation of fact, sample, or description made or furnished to him became a part of the basis of the bargain, and descriptions of goods in this agreement or otherwise furnished to Buyer are for the the sole purpose of identifying the goods and Seller does not warrant that the goods conform to any models or samples shown Buyer, and Buyer acknowledges that no warranty has arising through trade, custom or course of dealing with Seller.
A. Buyer shall be responsible for all costs, charges, fees or other expense incurred by Seller to the warehousing or storage of the merchandise said hereunder in the event that Buyer is unwilling to accept deliver said merchandise, or installments thereof.
B. Buyer hereby agrees to immediately notify Seller of any delays in Buyer's ability to accept delivery of the merchandise sold hereunder. However said notice of delay shall in no way diminish Buyer's responsibility lo Seller as set forth in the first sentence of paragraph A.
A. Seller makes no express warranties unless they appear in writing, signed by Seller and makes no implied warranties of merchantability, or fitness for a particular purpose, or of any kind