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NOTICE TO tUYER $T. LUCIE COUNT Y. FLA.
1. Do not sign this before you reed it a if it contains any blank spaces. '
2. You are entitled to a copy of this agreement at the time you sign it.
3. Under the State law regulating instellmertt sales, you have certain rights among others:
1 ~ to pa off fire full amount due in advents and obtain a partial rebate of the finance charge;
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3) to require, under certain conditions, s resale of the property if repossessed.
RETAIL INSTALLMENT Ct)NTRACT
COLUNS RADIO COM~ANY
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s~ >7~~ ~~i~~~G QQe W(~jjQ (Seal)
( (SignatuN of (ndiridu/J or ama of Corporation or Partnanhip)
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rar, h signed bar hesidenl, Viu Pwsident or
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treasurer and pies oHkial title. It Owner or hrtner, da}• which) /
Received true and exact copy of the above instrument. '. -- -
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~iyAetere of odic du~ or Names o} Corporation ~or Partnerthip) ' Signature
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GENERAL CONDI
I. TAXES- Erespt as otherwise specified, the prices stated herein do not
include any state, federal, a local salsa, use or •:cise fares spplicsble to
the ssle, delivery, or use of said equipment, and the Buyer eapresaly agrees to
pay to Seller, in addition to the prices herein specified, the amount of any
such tares which may be imposed upon or payable by Seller. Any such ta^
imposed by a taring authority in • state in which Seller is not registered will
be received and remitted by Seller as agent for Buyer.
2. DELIVERY. Unless otherwise specified, delivery will be made f.o-b. the
place of location of Seller's factory from which Seller elects to make ship-
ment according to fhe delivery schedule (if any) specified, which schedule
is appropmata and subject to delays due fo cauws beyond Seller's control
including but not limited to, inability 40 obtain material, labor, a manufec-
turing facilities, acts of God, or of the public enemy, and preference, priority
or allocation order issued by the Government a any other act of Govern-
ment, fires, floods, epidsmia, quarantine restrictions, strikes, freight em-
bargoes, or delays of Seller's tupplien. In the event of such delay, deiirery
dates shall be emended accordingly for • period equal to the time lost by
reason of such delay. in no event shall Seller be liable for consequential
damages. Buyer agrees that Seller may unconditionally appropriate fo this
order equipment of fhe description set out on fhe {ace of this order by pack-
ing same for shipment fo Buyer and notifying Buyer that same has been
done; thereupon the sale shall be deemed complete subject to Seller's right
to possession of and a lien upon said equipment (or to Seller's reserved Title
in case property is to be covered by conditional vela conhacf) for the
unpaid purchase price.
3. SHIPMENT- In the absence of specific instructions Seller will select
the carrier to whom delivery will be made for thipmenf fo Buyer. Erespt
for eta obligations under the sections hereof entitled "Guerentas" and
"Patents," all responsibility of Seller for wed equipment ceases upon de-
livery to csrrisr-
1. GUARANTEE.
Erespt as otherwise provided in this section, the equipment described
herein is sold under the following guarantee:
Seller egress fo repair a replace, without charge, any equipment, parts
or accessories which are defective as to design, workmanship or ma-
terial, and which are returned fo Seller at ih factory, hansporfation pre-
paid, provided
(a l Notice of the claimed defect is given Seller within one (I) year
from date of delivery end goods are returned in accordance with
Seller's instructions.
(b) Equipment, accessories, tubes, and batteries not carrying Seller's
assignsd type n_mb-.• Ord not %neeofectured by Seller or from
Seller's dssiyn are subject fo only such adjustments as Seller may
obtain from tare supplier thereof.
(c) Equipment or accessories shall not be deemed to be defective if,
due to erposurs or excessive moisture in the atmosphere or other-
wise after delivery, it shall fail to operate in • normal or proper
manner.
Seller further guarantees that any radio fransmiHer desvibsd herein will
deliver full radio frequency power output at the antenna lead when con-
nected to • suitable load, but such guarantee shell not be conshued as •
guarantee of any definite coverage a range of said apparatus.
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TIONS OF SALE ~ ~~ -
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Ths guarantee of thew paragraphs is void if e0rjipn»nr ~ al}er'>.d or
repaired by others than Seller or its auihorired eawiee.eeaiter~~ '
No other warranties, erprasssd or implied, sh •~applioa~e •a any
equipment sold hereunder, and the fongoinq sM~ wA~'1futi the Buyer's
sole right and remedy under the • regiments in ibis paragraph contained.
In no event shall Seller have any liability for consequential Iamages. a for
loss, damage or expense directly or indirectly tlisinq kom the uw of the
products, or any inability fo use them either sepatetely a in combination
with other equipment a material, or from any other cauw.
The foregoing is not applicable to amateur equipment which equipment
is Gold under the guarantee printed in }he instruction book accompanying
such equipmsn}.
S- PATENTS. Seller agrees Chet it will defend, at ih own expense, all
suits against Buyer for infringement of any United Ststes patent or pstenh
covering, or alleged to cover, either said apparatus iinelf in tr~.e f:.r ~ sa!d b;
Seller a the normal operation thereof, where the only issue in such in-
fringement suits involves the Buyer's use 'of said apparatus, as so sold, for
the purpose and in the manner contemplated by this •greemsnf, and Seller
agrees that it will pay all sums which, by fir+al judgment or decree in any such
Suitt, may be assessed • •inst the Buyer on account of such infringement,
provided that Seller shall be given (i) immediate written notice of all
claims of any such infringement and of any suits brought or threatened
agsinsf Buyer, and (ii) euthwity to assume the sole defense thereof through
ifs own counsel and to compromise or settle any suite so far as this may be
done without prejudice fo the right of the Buyer to continue the use, as
contemplated, of the apparatus so purchstsd. If in any such suit so defended
the apparatus is held to constitute an infringement end its use is enjoined,
or if in the light of any claim of infringement Seller deems if •drisable
to do to. Seller may either procure the right fo continue the use of the
same For the Buyer, or replace the same with non-infringing apparatus,
or modify said equipment so as to bs non-infringing, a take back the in-
fringing apparatus and refund the purchase price Isss a reasonable allow-
ance for use, damage or obsolescence. The complete liability of Seller
for any such infringement, or claim of infringement, shell be limited to ih
agreements herein contained. It :: ur,d+•;tood that Buyer acquires no
license rights from Seller under fhe .z`;" . s covering inventions of Edwin
H. Armstrong relating to the tray:a-''.: ,: a receiving of sound, visual
images, or graphic matter from fret'-• ''-err modulated radio waves; that
nothing contained herein shall be deemed fo apply or relate to suits or
claims based upon any of the said Armstrong patents; and that insofar et
Buyer needs a license under said Armstrong pstenh, it will procure such
license ihelf.
n.rr~aTrn-rf $yll~. ...r s6. r;nhf to
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modify the design and specifications of equipment delignsd by Seller pro-
vided that the modification does not adrersaly affect the performance.
7- ENTIRE CONTRACT. The terms and provisions ttsted hereon, to-
gather with those appearing on the face hereof, and on all continuation
sheets, if soy, comprise el! the terms, conditions and agreements of the
parties respecting the sale of wed articles, and suparw s any provisions
on the face and reverse side of the Buyer's Order a any prior general
agreement inconsistent with the provisions hereof. No modification hereof
shall be valid unless in writing and duly signed by en officer of Seller.
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