HomeMy WebLinkAbout0496 . . i
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BUYER SPECIFICALLY AGREES AS FOLIAWS: ~
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, 1. All amounts due hereunder shall be due and payable upon delivery of the merchandise to the BUYER. In tha
event thet parties hereto agr,ee that the merchandise wili be deUvered in installments~ the amount due on each
j installment~ which amount shall be specified in the ag~ceement, shall be due and payable when each installment
~ of inerchandise is delivcred. Merchandise shall be con.sidered delivcred to the BUYER when:~ • -
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a. Merchandise is delivered to the.locatfons specified by the BUYER;•or ~ '
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' b. ~ Merch~ndise is delivered to the locations specified by the ~3UYER and installed at the location asagceed;
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c. If, for any reason~ the BUYER is unable or unwilling to receive delivery of the merchandi9e as specified in
garaqraphs (a) or (b) s_
upra, merchandise is delivered to a: warehouse or other facility desiqnated by the ;
BUYER as required by Section~ 2 heroof. ~
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2. Tf, for any rea9on, the BUYER is unwillinq or unable to receive deIivery of the merchandise at the location ~
s; ecified when •it was agreed such merchandise should be delivered, the BUYER hereby agrees to designate ~
fc::hwith a warehousing facility for delivery thereof: The BUYER furfher aqrees, at its own e:cpense~ to store ~
su:.~ merchandise and to insure such merchandise for the full amount of the purchase price aqainst loss of any
n~ture ~vhatscever until tide to the merchandise is transferred as herein provided. Proof of insurance shall be ~
:o;warded to the SELLER forthwith. Failure to obtain inswcance as required shall be deemed a material breach ~
of this Agreement. If the BUYER fails to present satisfactory proof of insurance~ the SELLER shall have the i
ri~ht, but not the obligation; to obtain irisurance on the merchandise'and to include in the purchase price the
cost thereof. ~ ~ •
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; the event the amounts due and payable hereunder• are not received within_ten (10) days after delivery~as that
€ term is defined under Section 1, interest at the rate of 1'h96 per month, whic'h is an ANNUAL PERCENTAGE ~
~ RATE of 1896, shall be charqed on the outstanclinq balance commencing on the eleventh day. ` - j
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TI:e TITLE to the above describzd merchandise shall remain in the SELLER unt~ the whole amount of the
~ pi:rchase prioe, installation and other costs have been paid. .
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~ 5. Should it come necessary for t'ne SELLER to turn over any amount due to an attorney for collection or to
collect any amount due through legal aceion or proceedinq, the BUY~R agrees to pay reasonable attorney fees,
~ court costs,'interest as stated herein, and other cosis of collection or enfcrcement incucred by-the SELI~ER
~ and aqrees that Palm Beach County, Florida may be the place of the trial.
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~ b. Gn aiI rr.erchandise for direct fact~ry shipment, price quotations and orders are based upon prevazlinq known
~ prices and availab~lity, and, therefore, are subject to the manufacturers' acceptance subsequent to the ttme the
~ order is submittsd to the :na.nufactnrer.
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7. All of the te~cros and conditions of the initial acgeemeat previously entered into by.aad between the parti~es are
~ herebq mad~e aa iat8~ca1 part of this insirume~~. ' . .
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