Loading...
HomeMy WebLinkAbout0500 • ' • _ ~ , ; . ` _ ` i BUYfiR SPECIFICALLY AGREES AS FOLIAWS: ~ ~ 1. All amounts due hereunder shall be due and payable ugon delivery of the merchandise to the BUYER. In the ~ ~ event the parties hereto agr,ee that the merchandise wil2 be delivered in installments~ the amount due on each ~ installment,,which amount shall be specified in the agreement~ shall be due and payable when ~each installment ~ A£ merchandise is delivered. Merchandise shall be considered delivered to the BUYFl~ vvhea: ~ ~ s . • ~ ' a. Merchanc~ise is delivered to the iocations specified by the BUYER; or . ~ . ~ ' , ~ ~ r , . b. l~ierchandise is delivered to the locations specifiecj by the ]3UYER ~and installed ak the Iocation as agreed; ~ or . . , - ~ . • ~ c. If, for any reason, the BUYER is unable or unwillinq to receive delivery of the merchandise as specified in ~ paraqraphs (a) or (b) supra, merchandise is delivered to a warehouse or other fac~ity designated by the ` ` "BUYER as required by Section 2 hereof.' - ' ' . " ~ ~ . ~ ~ . ~ 2. If, for any reason, the BUYER is unwillinq or utnable to receive delivery ~of the merchandise at the location specified when •it was aqreed such merchandise should be delivered, the BUYER hereby agrees to designate f orthwith a warehousinq facility for delivery thereof: The BUYER further agrees, at its own expense, to store such rr~erchandise and to insure such merchandise for the full amount of the purchase price aqainst loss of any nature whatsce~~er until tide to the merchandise is transferred as herein provided. Proof of insurance shall be r forwarded to the SELLER forthwith. Failure to obtain insurance 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 ihe ~ right, but not the obligation, to obtain insurancc on the merchandise and to include in the purchase price the [ ~ cost thereof. . . ' ~ ' E ~ • ~ i ~ 3. In the ovent-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 raie of 1'fs~ per month, which is an ANNUAL PERCENTAGE ` RATE of 189b, shall be chazqed on the outstandinq balance commencinq on the eleventh day. ? • ~ ~ ~ ' ~ ~ ~ ~ ~ 4'. The TI'TI.E '~o the above desccibed merchandise shall remain in'the SELI.ER untl the whole arnount of the purchase prioe, installatian and other costs have been paid. - ~ i a. Should it come necessary for the SELLER to turn over any amount due to an attorney for collection or to ~ collect any amount due through legal action or proceeding, the BUYER agrees to pay reasonable attorneq fees, ~ court ~ costs, interest as stated herein, and other costs of collection or enforcement incuired by the ELLER s ~ and agrees that Palm Beach County, Florida may be the place of the trial. ~ ~ R ~t1'i~T c„~ • ~ 202655 ~ '0~ ~ , t =o- .~N _ 70 On all merchandise for direct factory shipment, price quotations and o ~~~~$reva~ling known ~ prices and avaitab~lity, and, therefore, are subject to the manufacturers' acceptance sub9equent to the t~me the order is submitted to the manufacturer. ~ • 7. All of the terms and conditions of the initial agreement previ~ously entered into by ~nd batween the partiss ar~ 1lereby made an iate~ral part of this insaumen~ a~ ~.89 P~ 4~9 , g ~5 . . : ~ - ~ , x ~ ~"'-~~°x;T 1" ~"r ~`,,,,~c, ~ < ~ a~'-~ . ' ~-~~b ~.~,_,e.Vya~-s.~.,..,: . _ -~,~~5~. '