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<br />1. TRADE-IN(S). Purchaser shall deliver trade-in(s) in the same condition as at the time of inspection and appraisal by Seller
<br />reasonable wear and tear excepted, except as disclosed in the Agreement. Purchase represents that each truck shall be free and clear of all
<br />liens and encumbrances and warrants that the trade-in(s) are that type and condition described in this Agreement, including any attachments
<br />hereto.
<br />2. TERMS OF PAYMENT. Unless otherwise agreed, net payment shall be due on delivery. Late payments shall bear interest at the
<br />rate of 18% per annum, or the maximum permitted by law, whichever is less. If acceptance of delivery is delayed by Purchaser, payment shall
<br />become due on the date when Seller is prepared to deliver. If the financial condition of Purchaser at any time does not, in the judgment of
<br />Seller, justify continuance of the work to be performed by Seller hereunder on the terms of payment as agreed upon, Seller may suspend such
<br />work, or postpone delivery, and require such assurances of Purchaser’s performance as Seller deems adequate, including payment in
<br />advance, or Seller may cancel this order and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of
<br />bankruptcy or insolvency of Purchaser, voluntary or involuntary, Seller shall be entitled to cancel any order then outstanding at any time and
<br />seek reimbursement for its reasonable and proper cancellation charges.
<br />3. CANCELLATION. Purchaser may cancel this order only if Seller is able to cancel said order with the manufacturer, and only upon
<br />written notice. Upon cancellation or failure to accept delivery, Purchaser shall pay Seller reasonable cancellation changes and expenses, not to
<br />be less than Seller’s out-of-pocket expenses including carrying costs.
<br />_______________ (Purchaser’s Initials)
<br />This Agreement (including by reference the provisions set out in manufacturer’s standard warranty or warranties) shall constitute the
<br />entire agreement between Purchaser and Seller, and no understandings or obligations not expressly set forth herein or in manufacturer’s
<br />standard warranty or warranties are binding upon Purchaser or Seller.
<br />ALL WARRANTIES, IF ANY, BY A MANUFACTURER OR SUPPLIER OTHER THAN SELLER ARE THEIRS, NOT SELLER’S, AND ONLY
<br />SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES. SELLER
<br />HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
<br />FITNESS FOR A PARTICULAR PURPOSE.
<br />Accepted and Agreed by: ______________________________________________________________________________
<br />(Company Name)(Date)
<br />Signor’s Name and Title: ______________________________________________________________________________
<br /> (Please Print Name and Title. Must be an Officer of the company (Signature)
<br /> Authorized to approve capital purchases.)
<br />X
<br />4.SALES AND OTHER TAXES. Unless otherwise specified herein, Seller’s price does not include federal excise, sales, use, or other
<br />taxes. Consequently, in addition to the price specified herein, the amount of any other excise, sales, use or other tax applicable to the sale or
<br />use of the trucks purchased hereunder shall be paid by Purchaser, or in lieu thereof Purchaser shall provide Seller with a tax exemption
<br />certificate acceptable to the taxing authorities. Purchaser agrees that all taxes related to this transaction, whether arising at the time of the
<br />transaction or in the future, are Purchaser’s responsibility and further agrees to promptly pay any such taxes.
<br />5.DELIVERY. All trucks furnished hereunder shall be delivered to Purchaser at the Seller’s dealership location or other location as
<br />designated in this Agreement. Unless otherwise provided, delivery will be made via carriers and routes designated by manufacturer with freight
<br />charges to be included in the purchase price. Delivery dates are approximate and are based upon receipt of all necessary information from
<br />Purchaser. Seller shall not be liable for delays in delivery or manufacturing, or other causes beyond Seller’s control.
<br />6.TECHNICAL CHANGES. Purchaser acknowledges that the manufacturer and Seller reserve the right to change the specifications of
<br />the truck(s) at any time without obligation to make such changes in other trucks previously delivered to Purchaser. In addition, manufacturer and
<br />Seller reserve the right to make design changes and substitution of materials subsequent to the receipt of the order which, in manufacturers or
<br />Seller’s opinion are necessary to improve the truck. Purchaser agrees to accept any such changes as fulfillment of Seller’s obligations under this
<br />order.
<br />7.REQUIRED EQUIPMENT. This order shall be deemed to include, whether or not specified herein, all equipment or accessories
<br />required by the National Highway Traffic Safety Act or other regulations in effect at the time of order of receipt. It is agreed that any additional or
<br />different equipment not specified which is required at the time of delivery to meet the foregoing Act or other regulations will be added and the
<br />costs shall be paid by Purchaser. Purchaser understands that certain safety equipment is available that is not legally required and is available at
<br />Purchasers request for an additional fee.
<br />8.TITLE AND REMEDIES. Until full payment by Purchaser of all amounts due hereunder, Seller reserves the title to all equipment
<br />furnished hereunder. If Purchaser defaults in payment or performance hereunder or becomes subject to insolvency, receivership, or bankruptcy
<br />proceedings, or makes an assignment for the benefit of creditors, or without the consent of Seller voluntarily or involuntarily sells, transfers,
<br />leases, or permits any lien or attachment on the equipment delivered hereunder, Seller may treat all amounts then or thereafter owing hereunder
<br />by Purchaser as immediately due and payable (subject only to credits required by law) and Seller may repossess said equipment by any means
<br />available by law and shall enjoy any and all other remedies of a secured creditor under the Uniform Commercial Code. Purchaser shall execute
<br />and deliver to Seller such financing statements and other documents, as Seller may deem appropriate to evidence, perfect, and protect the
<br />priority of its security interest in the truck(s) subject to this order.
<br />9.GENERAL. Any assignment by Purchaser of this order or any rights hereunder, without written consent of Seller, shall be void. Clerical
<br />errors in this order may be automatically corrected by giving written notice thereof to Purchaser by a duly authorized representative of Seller. No
<br />waiver, alteration, or modification of any of the provisions hereof shall be binding unless and until in writing and signed by a duly authorized
<br />representative of Seller. To the extent not covered by other terms herein, including terms of warranty and limitation of liability, etc., the provisions
<br />of the Uniform Commercial Code shall govern this sale.
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