|
�, mceann
<br />,eiri,Ir ni the I oiri.51ru to .
<br />P e it f0 t 1T K1(1 C (e ',Y O U t ir11t C O Lt 1I t on
<br />1�1, wlfall Orlt;Oal au vu;l�(9�Bly"",� o wa4,lelr .I. IfU�llrfl;�l"
<br />w°aw^y�"�,T,�a l,na'yll,llo011uJfDdfa�f�l'1i
<br />-BASE WARRANTY ON EQUIPMENT
<br />W' 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 />I 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 lDy this order Is used equipment., THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment
<br />AS IS and with NO Ef�1�ESE1tTATIONS OF WARRANTIES unless otherwise staled In wralln below.
<br />EXTENDED SERVICE CONTRACT Accept Decline $ Deductible
<br />Initial Initial
<br />❑ Full Machine ❑ Power Train ❑ Power Train + Hydraulics ❑ Power Train + Electronics Hours Months
<br />PREVENTATIVE MAINTENANCE p tat c nlractt cocaine rr nren a with the �a Dy rf� a h u e ar d rwae with rt' t s Accept � hlaheye
<br />ENANCE PACKAGE Decline
<br />Purchase Price
<br />Quote Number Initial Initial
<br />Term: Years Hours Financed with Machine: Yes ❑ No ❑
<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 />................ .._.
<br />Initial Initial
<br />Premium Calculation; elgin Price of Equipment MonthlY Number of Total
<br />xcludlft sates tax X Rate X Months m Premium
<br />$ x x �o
<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 In tied at time of orderand to nmr aunt shall anryuapment ugh dotiveced IrtUdr to dog aettlemenl. 'now Customer shall pay the full amount of any outstanding balance Mtowo on the monthly statement within thirty 00) driya of the
<br />invoice date. Should paayarrerd not be reowlvarJ by MV,1004io arc+Coreling ni dlo exmda tarots siawd„ the eahra balance Is considered in default and due for immediate payimm t. Customer aguaaa to pay a service charge on the oulslandiRgl, balance for
<br />which payment has not hoop received accuoding to terms adapedl. Thar solvicca r„ inge shay' he a. minanrure. of 1-1/2% Per month of the Customers outstanding past due balance, after deducting current payments and credits, Such service charges
<br />shall o0come parl of She costramar s outstanding Issuance- Cuora net agrees to pay McCann a rsa:munat8e prat osung foe pap tovor any mock nrhn-raad pity' Cost'nanon's hank ad unpaid. If Elsa Cuslarner fulls to pay pursuant to lho tofms od lhrs aagroeffm al
<br />and McConrr ollmr„pa lu hake soften to collect Wit Account, Ifre Cinflcmraar st'uta pay all 0051% finentl'od by McCann mriorling, but oral IW ad 1w A tdfimy's. loos, coludtdn aagunc:.y fees caurd costs, depd:Wadl and Iuanquird coal%, aftealfP`s loss, sine dal
<br />pru7rrrasl� aarnarvakG fees, exparar wgnmsa fees and Ianrd p:esLk. THE a;.rJ'.,o'D°fDPutER AS.CBCwRdS AS SECURITY FOR ANY INDEBTEDNESS INCURRED OR TO BE INCURRED TO MfiCfrNR& UfsDetl"d 'D'WIiG. AC'CkYt,JN'D' 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 UCLA 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 WITH 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 lake place in DuPage County,
<br />Time is of the essence or this contract and if Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewals hereof, or in the payment of interest or 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 bankmplcy or Insolvency law or Customer makes an assignment far 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 he 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, take possession of the equipment set forth on the reverse hereof, or any additions to,
<br />oplaMr V00N or, of any, paadoeds faornsald equhpauant at may nonfor the prupaaly nrmanhge of McCann finay require Co4ldraulsr to assenNnla the paepoamy and make it availarle: at a place doalgnaped by McC:ond, McCann may resell the robAen properly
<br />at putalra or pdivape sales in aoconJancer Win the, Ungoom Connunefclal Code or applIcsuulo stale or pmovinckil law. Altar aad'aaollng rueanuralse exporntimfor retaking, repalphrii, holding, preparing foie sale ogief hulling expenses Including attorney fees and
<br />Nigro) oxpamlaers, the nofruonlrrq Procrieda of Sare shag he c ceflped capon the warrant at in0obt4wriewN 9'amsalriti q) unpaid imrovader, and Customer agrees to pay any deficiency upon demand by McCann, and surplus, however, shall be paid to Customer.
<br />Said retaking or repossession shall 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 holders rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as securfty for 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 for 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 their responsibillly 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 or 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 or failure to comply with OSHA and/or other governmental safely or health regulations or standards.,
<br />The 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 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 of McCann, Including McCann's employees. In the event the Customer directs McCann to deliver any material or equipment, and the Customer does not have a representative present at the time of delivery, the Customer authorizes McCann to
<br />leave 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 />identification only., This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not constitute grounds for non-payment or charges when the Customer ties 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 defects in the material. The
<br />Customer also agrees to examine all delivery tickets and Invoices upon receipt, Unless the Customer gives McCann wrilan notice by certified mail -return 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 he may have to the amount of the invoice.
<br />The Customer shall indemnity and hold McCann harmless against any and all claims, demands, liabilities, losses, damages, and Injuries whatsoever kind or nature, and all hllofnoy's fees, costs and expenses relating to or in anyway milsing out of
<br />the ordering, acquisition, delivery, installation, possession, maintenance, use, operation, control, loss damage, destruction, return, surrender, sale or dpsposttion of the material on0rea equipment purchasard, loaned, used for demo or rented from McCann.
<br />1 atw in1otif uaty shall not be alloshni by area termination or this agreenent with m5pect ha said materials and equinneal. McCann :shall be e'aouted if delivery is dofayad or rendered imposs go by dlderencts wits workmen, strikes, work stoppages, car
<br />ad,mtage:a„ delays in transpotI0000, Inadsllfdy to obtain labor or nritlerbils and alms by any cause beyond the reasonable conuot of McCann,, including but not restarted to acts of God, Arens, fife stuam, 'acts of civil and mitt av authorities, war and
<br />dnsufronlnaas.
<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 be a condition precedent or subsequent to the enforcement of this agreement and that this agreement
<br />may not be modified except by a writing signed by such of the panccs.. The Invalidity of any liorlWn, of INs agreement shall not be construed as a waiver thereof and shall not excuse Customer from sldG performance, Customer authorizes McCann to
<br />insert IGa serial and/ormodol numbers of the pods set forth on the pavi rse side hereof for the pe rlmnas of idafatfying 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 thorn.
<br />IT IS UNDERSTOOD THAT THIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS.
<br />Mike Gentry PURCHASER: City Of South Bend - Central Services
<br />ACCOUNT MANAGER: (COMPANY)
<br />BY: DATE: 04.09- 1t1S 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 />ar,dll,,�
<br />Itt$ r ww
<br />rddis<)n
<br />13oIld g1t)rook
<br />C11icago,
<br />rCreistvlroodt
<br />MtHenryp
<br />Wawucoodwa
<br />Sclwioruwwile
<br />250 r') 'tfl f n,mtlatgo Iraq„
<br />IT sll u
<br />4 N I tVovl 9.t Or SA
<br />4t02 iv , GV, '-Irrl I"'Oko rod,
<br />IJN50 N' ldtdrd Rd
<br />I'l33Ir'idiarmiroc,0m IiI vO,
<br />;,�rran, ql t '14:f1
<br />t9 f�,„fdrac ,ak, ft (044,0
<br />Clv,-, qo, ill, taI)C 1S
<br />Ciei„tY.r„wxl, IL d ,A,15
<br />1„te;l paory, It, 6005,11
<br />w,,l rn:ruu°ff:l,r, tl bnfg) i
<br />Sc;hf,,,f0fV1M, IN 4,`3r5
<br />91 pp'"rdJ; I(J.j f,�,c (7,&"ar I,)r It11,q
<br />Pha no, T"rrm
<br />fill "8nor (.i 1211,bt,'A)A_X)
<br />i°I'nr'tr' w i(@I,TfIy SO 3111)
<br />Pirr111r): (fq t r),Mtgr'a'I.) t(„1'0
<br />Plicryf„1'", (84 1) fl (( y)o744
<br />1"11'4arlw Quo 19)f ill 5 3fA „tld
<br />x;: Id,w1p(i�f'a''fPdgt
<br />Vlq. (awl F°k"RdfT1T1
<br />fapk, (J 12( 4 7 t,,Tt, 0,21
<br />Iaix: Idi110k*59 945
<br />1'fdx'i pd9lrg335,29p'ay
<br />Four (a47)526.94aT
<br />1'41x dw"ntgT)H65W!f'i"a1
<br />
|