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<br />BASE WARRANTY ON EQUIPMENT
<br />rranty coverage on the equipment covered by this order, if any, has been explained to purchaser. The warranty coverage is outlined below and indicated by the box checked.
<br />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 />NEW - Other manufacturer's warranty
<br />❑ USED - When the equipment covered this order is used equipment, THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment
<br />AS IS and with NO V-TATIONS, OF WARRANTIES unless otherwise stated In w6ling below,
<br />EXTENDED SERVICE CONTRACT Accept I Decline $ Deductible
<br />Initial Initial
<br />F-1 Full Machine El Power Train El Power Train + Hydraulics ED Power Train + Electronics —Hours; Months
<br />otimhaky, the tqrtn of the exterldeq� with the base warranty �Jarft date adid oil AU01121a.2u . Mg31U1IL_
<br />PREVENTATIVE MAINTENANCE PACKAGE Accept — Decline
<br />Quote Number Initial Initial
<br />Purchase Price $ Term: Years Hours Financed with Machine: Yes 1:1 No El
<br />PREVENTATIVE MAINTENANCE PACKAGE SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPTMEREOF IS HEREBYAC9NOVILEDGED BY PURCHASER,
<br />PHYSICAL DAMAGE INSURANCE . Accept Decline $ Deductible
<br />Initial Initial
<br />sales tax nt Mon X 0 Total
<br />exCluding- I Months L
<br />Premium Calculation: Price o f Equipment X Ra
<br />_Erqmiu
<br />$ X X = � 0
<br />SALES AGREEMENT
<br />The Customer requests that McCann Industries, Inc ("hereinafter referred to as "McCann"), sell, rent, loan, demo, service, and repair goods and equipment on account in consideration of which the Customer and
<br />McCann agree as follows:
<br />Payment for equipment Is due at time of order and in no event shall equipment be delivered prior to full settlement, The Customer shall pay the full amount of any outstanding balance shown on the monthly slatementwithin thirty (30) days cribs
<br />invoice date Should payment not be received by McCann according to the credit terms stated, tire entire balance is considered in default and due for immediate payment, Customer agrees to pay a service charge an the outstanding balance for
<br />which
<br />payment has not been received according to terms stated The service charge shall be a minimum of 1-1/2% per month of [tie Customer's outstanding past due balance, alter deducting current payments and credits, Such service charges
<br />shall become part of the Customer's outstanding balance,. Customer agrees to pay McCann a reasonable processing fee to cover any check returned by Customer's bank as unpaid lithe Customer fails to pay pursuant to the terms ofthis agreement
<br />and McCann steels to take action to collect this Account, the Customer shall pay all costs Incurred by McCann including, but not limited to: Attorney's fees, collection agency fees, court costs, deposition and transcript costs, slionfirs fees, special
<br />process server fees, expert witness fees and bond costs, THE CUSTOMER ASSIGNS AS SECURITY FOR ANY INDEBTEDNESS INCURRED OR TO BE INCURRED TO MCCANN UNDER THIS ACCOUNT ALL OF THE CUSTOMER'S
<br />PRESENTLY OWNED AND EXISTING AND HEREAFTER ACQUIRED AND ARISING: ACCOUNTS, ACCOUNTS RECEIVABLE, CONTRACT RIGHTS, CHATTEL PAPER, EQUIPMENT, INVENTORY, AND ALL PROCEEDS OF THE
<br />FOREGOING COLLATERAL,.CUSTOMER APPOINTS ANY REPRESENTATIVE OF MCCANN AS CUSTOMER'S ATTORNEY -IN -FACT TO SIGN AND FILE A UCC-1 FINANCING STATEMENT TO PERFECT THE SECURITY INTEREST THIS
<br />TRANSACTION SHALL BE GOVERNED BY THE LAW OF THE STATE OF ILLINOIS, AND JURISDICTION AND VENUE FOR THE HEARING FOR ANY MATTER IN DISPUTE SHALL BE VIATH THE DUPAGE COUNTY CIRCUIT COURT OF ILLINOIS
<br />Customer waives any right to a jury trial and any right to file a Counter -Claim in any action to enforce this agreement Al McCann's sole discretion, any deposition will take place in D"Page County.
<br />Time is of the essence of this contract and if Customer falls to comply with any of the himis and conditions hereof or defaults In the payment of any installment hereunder or under any renewals recent, or in the payment of interest or defaults in the
<br />payment of any installment due under any other indebtedness or contract field by the McCann or Assignee, or if proceedings are instituted against Customer under any bankruptcy orInsolvency law orCustomer makes an assignment fer the benefit
<br />of creditors or if for any reason the McCann deems himself insecure 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, with or
<br />without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and McCann may, without notice or demand, lake possession of the equipment set Rath an the reverse hereof, or any additions to,
<br />replacements of, of any proceeds from said equipmenl ot rinity render the property unusable or McCain" may require Customer to assitiontan, the Properly and make it avalloblo at a place designated by McCann, McCann may resell the relhkain property
<br />at Putifio or ptivale Sales in accordance with the Uoilifuni Commercial Code Or applicable state or irwavincial law. After deducting mairanoble expertses for retaking, relpaidmi, holding, preparing far sale, other selling expenses Including 4tomoy fees and
<br />legal
<br />expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Customer agrees to pay any deficiency upon demand by McCann, and surplus, however, shall be paid [a Customer
<br />Said relaking or repossession shelf not be deemed rescission of the contract McCann may exercise any other rights and remedies provided by applicable law. The remedies provided for herein are not exclusive and any action to enforce payment
<br />shall not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security far the payment hereof.
<br />The Customer acknowledges that it has special skill and knowledge in the selection and use of the equipment and material to be purchased, loaned, used far demo or rented from McCann and expressly disclaims any reliance upon any statements or
<br />representations made or to be made by McCann regarding the sale, rental, demo or repair of any material or equipment, The Customer also acknowledges that it Is flier responsibility to comply with the manufacturer's instructions in regard to
<br />storage, preparation, mixing, and application of materials and expressly disclaims any reliance upon any statements 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 consequential damages that Customer may suffer. The
<br />exact manner in which this equipment will be used and the qualifications of the user and the equipment or lack of equipment of the user are beyond the control of the McCann, therefore McCann expressly disclaims any responsibility for Customer's
<br />compliance orfailure to comply with OSHA and/or other governmental safety or health regulations or standards,
<br />The Customer authorizes any of its employees R 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 or repair orders forsaid equipment or materials and agrees
<br />to be bound by all the terms of said documents. If McCann's employees assist in loading or unloading, the Customer agrees to assume the risk of, and hold McCann harmless from, any property damaged or personal Injuries attributable to the
<br />negligence or
<br />McCann, including MGCann's employees In the event the Customer directs McCann to deliver any material or equipment, and the Customer does not have a representative present a[ the time of delivery, the Customer authorizes McCann to
<br />leave the material and equipment at the designated place of delivery,. Upon sold delivery, the Customer will be responsible for said material and equipment, McCann's use of a purchase order number is for Customers convenience and
<br />fit erifification only, This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not constitute grounds for non-payment of charges when the Customer has had possession, or the right
<br />to possession of the items charged. Customer agrees to inspect all material Immediately upon delivery to verify: (a) the quantities described in the agreement are the quantities delivered and (b) there are no visible defeats In file material The
<br />Customer also agrees to examine all delivery tickets and invoices upon receipt, Unless the Customer gives McCann written notice by certified mail-relum receipt requested within three (3) days of delivery, the Customer waives any claim he may have
<br />against McCann for any determinable deficiency or defect in said delivery, product, or repair, and any objection its may have to the amount of the Invoice.
<br />The Customer shall indemnify and hold McCann harmless against any and all claims, demands, liabilities, losses, damages, and injuries whatsoever kind or nature, and all attorney's fees, costs and expenses relating to Orin any way arising out of
<br />the ordering, acquisition, delivery, installation, possession, maintenance, use, operation, control, loss damage, destruction, return, surrender, sale or disposition of the material and/or equipment purchased, loaned, used for demo or rented from McCann,
<br />Ttiis indemnity shall not be affected by any termination of this agreement with respect to said materials and equipment McCann shall be excused if delivery is delayed or rendered Impossible by differences with workmen, strikes, work stoppages, car
<br />shortages, delays in transportation, Inability to obtain labor or materials and also by any cause beyond the reasonable control of McCann, including but not restricted to acts of God, floods, fire, slam, acts of civil and military authorities, war and
<br />insuffecions,
<br />The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this agreement or he a condition precedent or subsequent to the enforcement of this agreement and that this agreement
<br />may not go modified owailA by a writing signed by each of the paiddris The Invalidity of any pofan of hit% uVoemord shall not be construed as a waiver thereof and shut, an, excuse Customer from side[ performance Customer authorizes McCann to
<br />inset tho aural and/or nuodol numbers of the goods set forth on the rriverse side hereafter the puffioses olideAbdVing said equipment.
<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 1hrint,
<br />IT IS UNDERSTOOD THAT THIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS.
<br />ACCOUNT MANAGER: Mike Gentry PURCHASER: City Of South Bend - Central Services
<br /> (COMPANY)
<br />BY: ... ............................................... DATE: 04-09-2019
<br />BY: DATE:
<br />Authorized Signature Authorized Signature
<br />ACCEPTED: MCCANN INDUSTRIES, INC. NAME: . ...... ........... Print Name TITLE:
<br />. .
<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. 712007 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
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