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HomeMy WebLinkAbout0037 WARRANTY (Reforred to In Purchosa Ordar set forth on roveroe stde hereufJ Tho J. I. Case Camoany, hsreinafter calied Company, warrartts new Case producFS to its Autho~iaed Dealera ond they, In tum, worrotM scid produds to the Original Purchoser as follows: That for a period of twelve j121 tontecut~ve monlhs from date of delivery of a new Casa product t~ ihs Original F'urchases (except stationary engine power units, which are warronted for three (3) tonsecutlve months from daTe of delivery), Sell;ng Deabr will ropoir or replooe at Daaler's busineu loootion aach part of said product whfet~ is praven to the satlsfactien of the Company t~o have been defec~ive in materinl w workmnnsi~ip. ~It Is undrrstood that Purciw~r will pay D+oler for hav+l tims nnd expems If purchatis~ chowes to have Dea!er repair sai~ product at nnother location.) Thia warranty ahall not apply tv any part of sa(d product which. M 9~ts ~udgment of 1t?e Deatec or the Company, has been subjeded to misuse, negligenco. attsrafion, or accident, or which has servad its nom~a! waar lifs. tn no ov~nt shall Dealer or Company be liable for oomsqu~ntivl dvmoge of a:ry kFnd ex nafvre. Dealer and Company make no warronty vvlatsoswr with' re- spect to tires and tubes, electrical eqvipment, injection equipment or trode accessories not man~faciu?ed by tha Company, althwgh these Items may ba warronted by thsir respective mnnufacturars. The placing upon nny Case produd of any attachment or equipment not manufadu?ed and soid by the Compony, or authorized by (t, shall opercte to void an~ woive any wcrrranty whatsoever by the Dealer and Company. Thia warrdnty ta In Iteu of all other warranties and condittons, expreu, Implied, or statutory, and all othe~ obligations or Itabifitias on the poR oi ths Dealer and Campany. No representative of the Company has authority ro cnange the terms of this Warronty in any manner whatsnever and no assi:tance to Purchaser by tha Dealer or Compnny (n the repair or operation of the Case product shaii constit~te a waivar of the conditions of this wnrranty, nor shali :~ch aasistance extand or ravive it. This worronty does not oppty to used or semnd-hand machinea. TERMS AND COND1TIt~NS O~ CONDITIOMAL SAl€S CONTIpACT If ~efault is ntiade in the payment of ony instaliment of said tontrnct or in the payment of any to+c oesessed against said eqvipme~t ~herc~n- ater referred ro as ' property"~, or if the Buyer ottempts to sel! or remove the same from ihe location herein specified, or parts with the posseuion thereof, whether vo!untorlly or ir.voluntarily, witfiout the written consent of the Seller, th~~n s~ch Seller may deciare all snid indebtedness d~e ond mm~ toke pos;ession of sa~d property, together with rapiacement ports and ad~itional cquipment and retain the same in futl satisfaUian of s7id indebtedness, or may self the same at publit or private sale, with or without notice, at such price and on such terms as to cash or credit qs svch Seller mny d~.,m best, and pcy all exp~nses thereby incurred out of the proteeds of said sale ond apply the balance thereof on sald In- d~hte:in~ss Sa,:i ;.Ile< <„ay become the purchaser of the property; and if the proceeds of the sale are insufficienY to pay the sum romaining unpaid on sa d ccnr.c:ct and oil expenses lncident to such safe, any deficiency shall be paid by the Buyer. if said property or any part thsreof sha!I bc; lost, damaged, or destroyed before fvll payment of said purchase price, the Buyer shall be and remain legally liable for the payment of rhe full amcunt of all said indebtedness. The remedies provideo for herein ore not exclusiva and ony adion to eniorce payment of taid cor+trarr shall not wnive or affset any of tt~s Seller's rights to have recourse to th± property. If this contreci is assigned by Seller, such oulgnae shall have a{I the rights of Seller hereunder, free uf any defense or tlalm whlch Buy9t may have against 5?i!er, Buyer's remedy therefor being solely agafnst Seller in a ssporate oction, ond Buyer hereby wafvas uny such defense or claim against such assignee. ACKNOWLEDGEMENY State of Florida,__ _ Coun+y: ss. Be it remembered, That on this ___--_.~_--day of _ - A.0.19 before me personally appeared to me known to be the Seller named In ond who execu7ed the fore- going instrument and acknowledged that he executed the sume as his voluntary ad and deed. (Seal) My commission expires_-_._._~.__ --_____19 - - . ~ Notary Public in and for County and Stnt^- aforesald Sta*.e ot ~lorida,~-- -----/Coun~ ss. ~ On this _ v'_day of 1 Sl',1W before me personally red__ ' ~~~~~~'V o e zcson e known, who ng by me duly swom did ta/ ttwt he is the _ ~ - of the ~ ~l'~t~L[i~ •e.t~s$ _~a corporation, and that t~'"''~°,`~ i g stru!rt~nt wos signed and sealed by him as Seller ' ~ . / ) ~ ,~1 ~ t t/ in behatf of sai~,caparation by authority of its board of d~redors, ond the sald~__-_~- _aeknowledged soid inStrumend ar¢! thq e~prtrl~~(1RP1~! ~R.~F~ S~n~i~ ~puntary act a d of said corpor / y if v unio ily executed. (5eo1J My commission ~P~ ~v:-ri~- ---r~~~C~ZJt_cC'~L-~ ~ , Lr~-~ - 8 ~ Notary Pub~ic in and for County and State aforesaid ,..,,,._J, - . - ASSiGNMENT ihe vtithin irstr~mant, together with the Indebtednes~ und al) righis rherein described, is here6y asaigned, tronsfened,.conveyed and set ovet unto J. 1. CASE CREDIT CORPORATION for nis o~ its successors or assigns, for his, its o: their own ~se forevet, with f~N power and authoriYy with regard thereto, subjed neverth=less to fhe conditions therein contained ond tc tF.a riyhts therein gronted accordir to~aaw end'-eoch ossignor reprezents and warrants the said instrument as gen~ine and in atl respeds what it urports to be d has no knowted~e~nny fad impairing tfie vclidiry thereof ar.d that there are no set-offs or counterclaims against the e. / ~ L C C~~ Gv r?~GGCJ O~ L~J (Selldr~ 8y ASSJGNAAENT M/ith Reeourser) . Tha within instrument, toqether wiifi the indebtedness and oll rights thervin .descr:bed, is hereby assigned v~ith full rasourse, tranxferrod, to~- ve;~ed and set cver unto J. I. CASE CREDIT CORPORATION for his or its successors or ossigns, for his, its or their own vse forever, with full pc~wer and a~thority with regard iherato, wbjvd revarth~less to the tanditiom therein conroinecl ond to the rights therein 9rartted according to ~aw and each assigrtor represents ond wd~rants the said ir~strument as genuine or~d in olf respects what it purports to 6e and has Ao lusowledge of any fad impairing the validity thereof and that there are no set-offs or ce~ntercla~ms cgoinsr the same. Paymerrt of the within co~tract ac- cord~ng to its terma ?s har+by guaronlsod by the undersigned. - (Selie~ ev - . EC4RQ~D ~~1,~t,Q~' fIQRIG,~ ~ o~ K ss. The within in:trur~ent was recorded In fhis ofRd? . . r,,;:, ~ .'s . , f;;,~ ~ ~ , on rha_____---.__day of-_--~14 ~.-ond indexad ~ 1`pw'n °f ~ ` G"' ~ r , ~ ' . ~ • - _ _ - - . _ _ - in Boafr = 9 - , i ~ ~~°~IT~ ~1 - - • Signature and official title . ~ c ~ ~ ; ~ ~ i e..~ ~ _ ROC,E_~; ~ GLERK • ~r ~14~~~ . _ ST. LIiCtE COUN~Y. ~~lk;.~,J, . FLORIDA - .