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HomeMy WebLinkAbout2232• - 'a i. ~srr~!•~I~ .~ r ~~,`,rt'1 .Tt.,'~.'} ~~ j'yd~ ~.i.~ '. ~~. e. ~y• t.. TAh fares M !e aced M Maaeactloee w-IeN to IAe Fterlda MarYlaad (s+\er+ Gs\ hke b 21000 or te~l'R. ~ O Sala laaace Act. Mon4u nd N M D k d tM ~( ~t) i 1 B ~K a aaus w a ota Re)dl lastdlnseat Sales Act u 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; 2 t d th lt f o re eem ; au e property if repoue:sad for a de 3) to require, under certain conditions, s resale of the property if repossessed. RETAIL INSTALLMENT Ct)NTRACT COLUNS RADIO COM~ANY d \ Accepte : I s~ >7~~ ~~i~~~G QQe W(~jjQ (Seal) ( (SignatuN of (ndiridu/J or ama of Corporation or Partnanhip) I ~ I , ~ ~ ' ` Signature ( ~_ , of ~ By ~ - .1_ t. ( + t 1 G t f ( Seel) ~ ~ B Signature of ~ Y >, Seller 1 cover Tills "~ M"-~ _ Title ~ r --- - ----~ - ~ rar, h signed bar hesidenl, Viu Pwsident or -- ~ - (If c por fa , treasurer and pies oHkial title. It Owner or hrtner, da}• which) / Received true and exact copy of the above instrument. '. -- - + ~iyAetere of odic du~ or Names o} Corporation ~or Partnerthip) ' Signature or r t ' Wrer 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. •t, tt , _ .~~~. TIONS OF SALE ~ ~~ - - ~ r c.. 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 ti. SUnST)T'vTivriS i.'nv ivivvrrrvr.,...,•..• •°-" - 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. ~--~ z ~_- r P ~. t ,. pn~ v+r '9 pO~ w~ l9 Y~ ' ~~ r ~ r ~ 1 •~ .: I I j, _ -. _r__. ~tt9n1~111p I ~".,~:.P: ._h:mss+~`.~h~ i-~' I •I