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Serving the conslrllctor`�'
<br />Performance you can count on
<br />Ffillipment Fit 1,;wplip�s - sefvj�,p
<br />WWW,MCCw1!1OnlIr1(1'C0I1'T
<br />BASE WARRANTY ON EQUIPMENT
<br />Warranty coverage on the equipment covered by this order, if any, has been explained to purchaser, The warranty coverage is outlined below and indicated by (he box Checked.
<br />IN NEW CASE PRODUCT WARRANTY or qualified Case warranty
<br />WARRANTIES PROVIDED BY THE SELLER ON NEW CASE PRODUCTS SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT
<br />WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER.
<br />El NEW -Other manufacturers warranty
<br />El USED -Men the equipment covered by this order is used equipment, THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment
<br />AS IS and with NO REPRESENTATIONS OF WARRANTIES unless otherwise stated in writing below.
<br />EXTENDED SERVICE CONTRACT Accept Decline $ Deductible
<br />Initial Initial
<br />El Full Machine El Power Train 1:1 Power Train + Hydraulics EJ Power Train + Electronics -Hours Months
<br />purchased, the term of the extended service contract beQins concurrently with the base warranU start date and ends wFlh extended service contract expiration date or maximum hours (whicheyor co s flrqtl
<br />.me
<br />PREVENTATIVE MAINTENANCE PACKAGE Accept Decline
<br />Quote Number Initial Initial
<br />Purchase Price $ Term: Years Hours Financed with Machine: Yes El No 1:1
<br />PREVENTATIVE MAINTENANCE PACKAGE SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER.
<br />PHYSICAL DAMAGE INSURANCE Accept Decline $ Deductible
<br />Initial Initial
<br />y Month[ XF_ Numberof F Total
<br />Premium Calculation: f Equipment X
<br />.. Xcluding sales ta�) I I Rate Months Premium
<br />$ X X $0
<br />SALES AGREEMENT
<br />The Customer requests that McCann Industries, Inc. �Fherftinafler referred to as �McCann'), sell, rent, loan, demo, service, and repair goods and equipment on account in consideration ofwhich the Custornerand
<br />McCann agree as follows:
<br />Payment for equipment is due at lime of order end in no event shall rutuipment be delivered prior to full settlement, Th. Cruilcum., hall pay the fall amount of any outstanding balance shown on the monthly thirty 00) days ofthe
<br />Inv?1c e date. Should payment not be recedved by McCann ateordaiq to the credit Wads rated, the halims. is considered in default and due W irdmadiale payment Customer agrees to pay a service charge on the outstanding balance for
<br />which payment has not been received according to terms stated. The service charge hall be . minimum of i-I" per mouth of the Custorner's outstanding past do. brihmo., star deducting 0 ... erd payment. end credits, Svch service charges
<br />she 11 become part of the Customer's outstanding balance. Customer agrees to pay McCann . a .... able processing fee to cover any rhfm� returned by Customer's bank an unpaid, It the Customer fails topay pursuant In due terms ofthis agreement
<br />and McCann elects to take action to collect ibis Accoumt, the Customer shall pay all crisis incurred by McCann including. but For limited to: Attorney,. fee., collimium agency Itm., Court deposition and transcript costs. sheriffs fees. special
<br />process server fees expeit veimens fees and bond costs. THE CUSTOMER ASSIGNS AS SECURITY FOR ANY INDERTEDNRSS INCURRFO OR TO BE INCURRED TO McOANN UNDER TH,$ A=OUNT AtL OV THE CUSTOMERS
<br />PRESENTLY OWNI�0 AND EXISTING AND HEREAFTER ACQUIRED AND ARISING: ACCOUNTS, ACCODNTS RECEIVABLE. CONTRACT RIGHTS, CHATTEL PAPER. EQUIPMENT. INVENTORY.ANDALLPROCELI)SOFTHE
<br />FOREGOING COLLATERAL. CUSTOMER APPOINTS ANY REPRESENTATIVE OF M.CANN AS CUSTOMER'S ATTORNEY-INT-FACT TO SIGN AND FILE A UrC-1 FINANCING STATEMENT TO PERFECT THE SECURITY INTEREST. THIS
<br />TRANSACTION SHALL BE GOVERNED BY THE LAW OF THE STATE or ILLINOIS, AND JURISDICTION AND VENUE FOR THE HEARING FOR ANY MATTER IN DISPUTE SHALL BE WITH THE DUPAGE COUNTY CIRCUIT rOQRT OF ILLINOIS,
<br />Customer waives any right to a jury trial and any right to lue a Counter -Claim in any actoo to tmfoica ihTs gqndhnfiut� At McCann'. sale dirrorelf.., any deposition will lake pi... in D.P.g. Co.," .
<br />Time is of the essence of Ibis contract and it Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any �nstallmenit hereunder or under any renervals hereof. oi in the payment of interest of defaults in the
<br />payment of any installment due under any other indebtedness or contract held by the McCann or Assignee. or if proceedings are Instituted against Customer under any makes an ...igrormat(mimb ... fit
<br />0, creditors or if for any reason the McCann deems himself lasectue and so declares all payments heretofore made by Customer shall be retained by the McCann and all indebtedness hereunder shall become immediately due and payable, Atli or
<br />without notice. together with all expenses at collection by suit or otherwise, including reasonable attorney fags and McCann may, without notice or demand, lake possession ofthe artupmerd set forth an [he revause hareof OF any addition$ lo�
<br />replacements of. or any proceeds from said eittgpinent or may render the prop" unusabia or McCann may require Customer to assemble the property and make it avaitable at a place designated by McCann, McCamn may resell the retaken property
<br />at public or private Sales in accordance Will the Uniform Commercial Code or appTleablo slate or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, olhei selling expenses including attorney fees and
<br />itniml ..p ...... the remaining proceed. of Sale shall he credited upon gre amount of indebtedness remaining unpaid hereunder. and Customer agrees to pay any deficiency upon demand by McCann. and surplus. however, shall be Paid to CUF;Ioado�.
<br />Said retaking or ran ...... led hall at be rearned rescission of the coutract. McCann may exercise any other fights and remedies provided by applicable law. The remedies rovided for herein aze not exclusive and any action to enforce payment
<br />shall not waive or affect any of the holder's rights IG have recourse to the property. The transfer of this contract shall operate to Pass a security interest in the property as security for the payment hereof.
<br />Th. Cuatm.r acknowledges that it has special kill sort knowl.offint In the and use of the equipment and mahmal to he purchased. loaned, used for demo or rangesi both McCann and expressly Firmlainvis any reliance upon any statements or
<br />representations made or to he made by McCann regarding the sale. rental, demo or repair of any material or equipment. The Custome� also acknowledges that it is their responsibility to comply with the manufaGturer's instructions in regard to
<br />star age, preparation. mixing. and application of materials and expressly disclaims any reliance upon any statement or representations made or to be made by McCann regarding the materials. MCCANN MAKES NO WARRANTIES. EXPRESSED OR
<br />IMPLIED AS TO THE EQUIPMENT's MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE. The Customer also waives any liability upon McCann for any direct, special, or consurgriamial damages that Cost—, may uff.,. Th.
<br />exact immm, in which ibis equipment will be used and the qualificatious of the user and the equipment or lack of equipment of the user .,a heymcd the control of the McCann, therefore McCann expressly disclaims any responsibility for Customer's
<br />compliance or failure to comply with OSHA andlor other governmental safety or health regulations or standards.
<br />Th, Customer authorizes any of its employees it sends to McCann to deliver or pick up equipment or materials. for purchase, loan, demo, rental. or repair. to sign demo, rental or delivery receipts of repair orders for said equipment or materiats and agrees
<br />to be bound by all the terms of said documents. If McCann's employees assist in loading of unloading, the Customer agrees to assume the risk of, and hold McCcmn harmless Dom, any propertyrdamaged or persOnal injuries attributable to the
<br />negligence of McCann, including McCann's employees. in the event the Customer directs McCann to doWer any material or equipment, and the Customer d... not It— . repa—mativ. present at gve time of delivery, the Customer authorizes McCann to
<br />le av the material and equipment at the designated place of delivery. Upon said delivery, the Customer will be responsible for said material and equipment. McCann's use of a purchase order number is for Customer's convenience and
<br />idem ificatioh only. This agreement supersedes any Inconsistent Provision in any purchase order. Absence I . pirch... aid., munbe, hall of constitute grounds for roun-paymant ofebargee when the customer has had pors;essmn, or the tight
<br />to possession of the items charged. Customer agrees to inspect all material immediately upon delivery to verilyr (a) [he quantities desc6bed in the agreementare the quarklies defivered and (b) there are no visible defects in the material. The
<br />Customer also agrees to examine all delivery fickels and invoices uport mca�pk Unless the Customer gives McCann witted notice by celfifierl mail-retum receipt requested within three (3) days of deilveFy. the Customer waives any claim he may have
<br />against McCann (or any disterminalife deficiency or defect in sold delivery, product, or repair, and any objection he may have to the amount of the Invoice.
<br />The Customer shall indemnify and bold McCann harmless against any and all dalms, demands. liabilities, losses, damages, and injuries whatsoever kind or nature, and all ahomeV's fees, costs and expenses relating loorin anywayansing outof
<br />the ordering, acquisition. delivery, i-al-lanon. possession. maintenance, use, operation. central, rons damage, destruction, return. surrender. select disposition ofthe material anciror equipment purchased, loaned, used for demo or rented from McCann
<br />This indemnity shall not be affected by any termination of this agreement with re.pimt to aid materials Fund equipment. McCann stout be excused if delivery is delayed at rendered impossible by differences with workmen, strikes. work stoppages. car
<br />shortages, delays in transportatian, inability to obtain labor or materials and also by any cause beyond the reasonobta control of McCann, includiaglout not restricted to acts of God, floods, fire, 8torm, act& ofeivg and military authorities, war and
<br />insurrections.
<br />The parties agree that this is the entire agreement and that no oral reptesentation or agreement has been made which would modify this agreement or be a condition precedent or subsequent to the onforcement of this agreement and libat this agreement
<br />may nor be modified except by a writing signed by each of the Zia.. Th. invalidity of say poA.n of this ofl,eenrumt hall not he construed A. . wai-, thereof and shall not vaus, Customer from stdict performance. Customer authorizes McCann to
<br />insert the sedal anNor model numbers of the goods set forth on I e reverse side hereof for the proposes .1 Iderififyintif said owilontorl.
<br />Customer represents that he has read and has been afforded the opportunity to read the terms of this agreement and agrees to be bound by them.
<br />IT IS UNDERSTOOD THATTHIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS.
<br />ACCOUNT MANAGER: Mike Gentry PURCHASER: City Of South Bend, Indiana
<br />(COMPANY)
<br />BY; DATE: 04-16-2018 BY: DATE:
<br />Authorized Signature Authorized Signature
<br />ACCEPTED: MCCANN INDUSTRIES, INC. NAME: Print Name TITLE:
<br />NOTICE TO PURCHASER
<br />Caution. Do not sign this contract before you thoroughly read both sides of it or if it contains blank spaces, even if otherwise advised.
<br />REV. 7/2007 You are entitled to an exact and completely filled -in copy of this Contract when you sign it. Keep it to protect your legal rights. PAGE 2 OF 2
<br />1111allil*
<br />litji3113
<br />Addison
<br />Bolingbrook
<br />Ch"at
<br />Criflialwood
<br />MoHeirwy
<br />Wauconda
<br />643 S, RoIntwing Rd.
<br />250 Cn� North Frontoo Rd,
<br />2350 8� Ln" 5t,
<br />4701 %%!Ft 1371h Srl�
<br />4102 W, CiryfAM Lake Rd�
<br />1,91�G N, Rond PA,
<br />t 133 rldilnnpulk� Blvd,
<br />Addiwn, JL 60WI
<br />wit'qurook, IL 50440
<br />C.?lncago, IL 06W
<br />(7,teatviocid. IL. 604A5
<br />McHenry. IL, OW50
<br />WaLlconda, It, 601A4
<br />Ncheftyvil�o, �Iq 46375
<br />Phone-, (630) 6n-WOO
<br />Pirnam (00139-7770
<br />Phone: (3121o942-9200
<br />Phiano'
<br />Phwf�; (915)366-CA20
<br />pilwo, (a2t?) S26-9444
<br />phcfls: (2io)866-6,545
<br />Fax: 62741711
<br />I'mc (630) 739-7t399
<br />F-�U� 1(1112�4PI-3502
<br />FzLXl (708� 597�9945
<br />F-4�x: (815)3B-5-2975
<br />Fwi� (a47) 526�944a
<br />Fax;
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