HomeMy WebLinkAbout09358. Loss and O~ma~s: Buyer hereby assumes and shall Dear lhe entire risk of toss and damage to the '
equipment trom any and every cause whatsoever. No loss or damape to ihe equipment or any part
there~f shall impair any obtigation of buye- under tAe coniracf which shall continue in full torce and
etfect. In the event of loss or damage of any kind whatsoever to any item ot equipment, buyer at the
oplion ol seller shalt: (a) place the same in good repair, condition and working order; or (b) repiace the
same with like equipment in good repair, tondition and working order. Buyer furiher ag~ees lo main-
tain tire insurance with extended coverage proviaions to ihe tull insurable value of tAe equipment
during the term oi t~is contratf or eny extension hereof. Said insurence shall be written in a Company
sat~slacto~y to seiler, said Compa~y to be licensed in State in which equipment is located, and the
seller shall be Iherein named as Ihe loss payee. The policy ot insurance ahall be at the sole cost and
expense of buyer; it shall be deposited with the seller during lhe term of Ihis conlract and shall contain
an endorsement that the insurance coverage shall not be cancelled without 30 days prior notice tc
sel~er.
Taxes: Buyer shall keep the equipment free and clear oi atl levies, tiens and encumbrances and shall
pay alt license fees, nsgistration fees, assessments, charges and taxes (Municipal, State and Federal)
including but not limited ta ad valorem taxes, which may now or herealter be imposed upon the owner-
ship, teasing, renting, sale, possession or use of equ~pment. Under no circumstances is the seller
responsible (or the payment ot Personal Property Taxes. The buyer agrees lo reporl the equipment
covered by the contract, where required to all taxing agencies and is to make payment of al~ taxes
direct to the proper agency. Failure fo do so'will be cause (or any one or separate actions as outlined in
Paragraph 14 titled DEFAULT.
10. InstatlaUon: Buye~ shalt pay all costs of ~nstallatlon, including drayage from nearest transportation
Terminal,,unless otherwise specifically set forth in writing and signed by bot~ buyer and seller's repre-
sentative at time buyer signs contracf. Such an agreement to be attached to and become a part of this
agreemenf. Under no circumstances dces seller agree to pay the cost o( electrical wiring or plumbing in
connection with the installation ot fhe equipment covered by this agreement.
11. WARRANTIES: BUYER ACKNOWLEUGES THAT SELLER HAS MADE NO REPRESENTATIONS
ANU THAT THEHE ARE NO WARRANTIES. EITHER EXPRESSED OR IMPLIEO. EXCEPT
WRITTEN WARRANTIES PROVIDED BY SELLER, AS TO ANY MATTER WHATSOEVER INCLUD-
ING, BUT NOT LIMITEO TO, THE CONDITION OF THE EOUiPMENT, ITS MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PUHPOSE. WARRANTY ~S 90 DAY FflEE REFRIGERATION SEA-
V1CE AND ONE YEAR REPLACEMENT OF ANY DEFECTIVE PARTS F.O.B FACTORY. SELLER
NOT RESPONSIBLE FOR LOSS OF PRODUCTS DUE TO ANY MECHANICAI FAILURE.
12. Indamnlty: Buyer shall indemnify seller against, and hold selter Aarmless irom any and alI claims.
actions, suits, proceedings, costs. expenses, damayes, and liabilities, includ~ng attorrtey's fees, aris~ng
out of, connected with or res~lting from the equ~pment, including without limitation the manufacfure,
sel~ction, delivery, possession, use, operation, or return oi the equipment.
13. This Statement is (iled to periect a security interest in collateral - under a SecurNy agreemenf s~gned by
debtor authorizing secured party to tile this statement.
14. DelauN: It buyer w~th regard to any item or items of equipment fails to make Payment o~ otAer amount
herein provided within ten (10) days atter the same is dus and payable, or if buyer with regard to any
item ot items o! equipment fa~ls to observe. keep or per(arm any Other provision o1 this Contrac[
required to be observed, kept or performed by buyer, seller shall have the right to exercise any onp or
more of the tollowing remedies: ~
(a) To declare the enlire amount of conlract hereunder immediately due and payable as to any or all
items of equipment, withoul notice or demand to buyer.
(b) To sue for and recover all paymenls, and other payments, then accrued or therea(ter accru~ng, w~th
respect to any or all items of equipment. .
Ic) To take possession of any or all items of equipment without demand or notice wherever same may
be located, without any court order a other prceess o/ law. Seller hereby waives any and all
damages occasio~~ed by such taking possession. Any said taking oi possess~on shall not constitute a
termination ot this contract as to any or all items of equipment unless seller expressly so notifies
buyer in writing. ~
(d) To terminale this contract as to ~any or all items ol eqwpment.
(e) To pursue any other remedy at law or in equity.
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