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approximate and based on prompt receipt of all necessary information. All risk of loss shall be
<br />upon the Buyer from point of shipment. Buyer shall pay all transportation and delivery charges
<br />to final destination.
<br />PRICES. Prices quoted herein are based on present costs. Such prices are subject to
<br />increase by Seller at any time prior to delivery In respect of all or any portion of the equipment
<br />in order for scheduled delivery more than six (6) months from order dated, to the extent
<br />necessary to cover Seller's increased costs applicable thereto.
<br />4. PAYMENT. Partial shipments maybe made and payments therefore shall become due in
<br />accordance with the terms hereof. Finance charges are subject to fates in effect at time of
<br />delivery of equipment herein described. The terms of sale herein are subject to credit approval
<br />and Seller may at any time prior to delivery modify the terms of payment originally specified to
<br />assure prompt payment for the equipment ordered.
<br />5. TAXES. The amount of taxes stated on the reverse side hereof, If any, is approximate only.
<br />Buyer is liable for the full amount of all taxes applicable to or as a result of this transaction,
<br />exclusive of franchise taxes and taxes measured by the net income of Seller. Buyer shall pay the
<br />amount of all such taxes as at any time requested by Seller as If originally added to the price. If
<br />Seller pays such taxes, buyer shall reimburse Seller therefore.
<br />6. SECURITY INTEREST AND DEFAULT. Seller shall retain a security Interest In the equipment
<br />delivered hereunder until the total selling price, Including taxes, delivery and other charges. is
<br />paid in full by Buyer. Buyer agrees to sign and deliver to Seller an additional security agreement
<br />required by Seller to secure the amount owed.
<br />If Buyer shall fail or refuse to accept delivery of the equipment and parts ordered
<br />hereunder or shall default in the performance of any of the terms, covenants and conditions of
<br />this Agreement, Seller may retain the cash deposited or paid to It and the equipment accepted
<br />by it on account of the sale price, if any, and apply the same toward payment of its damages. If
<br />equipment ordered has been delivered to Buyer by Seller at the time of default, Seller may
<br />declare the full amount due and payable without notice or demand and may repossess the
<br />equipment. Repossession and disposition of equipment, and suit for deficiency, shall be
<br />pursuant to applicable laws. The remedies provided herein in favor of Seller shall not be deemed
<br />exclusive, but shall be cumulative and shall be in addition to all other remedies in Seller's favor
<br />existing at law or in equity.
<br />7. WARRANTY. The only warranties made with respect to new goods quoted herein are
<br />those of the manufacturer. The manufacturer's warranties will be furnished upon request. If
<br />there are no warranties by the manufacturer, the goods are offered "As Is."
<br />This warranty does not apply In respect of damage to any product or accessory or
<br />attachment thereof caused by overloading or other misuse, neglect or accident, nor does this
<br />warranty apply to any product or accessory or attachment thereof which has been repaired or
<br />altered in any way which, In the sole Judgment of Seller, affects the performance, stability or
<br />general purpose for which it was manufactured.
<br />THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESS OR
<br />IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
<br />PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL OR SPECIAL
<br />DAMAGES.
<br />USED PRODUCTS ARE SOLD ON AN "AS IS" BASIS AND THERE IS NO IMPLIED WARRANTY
<br />OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE
<br />EXPRESSLY STATED ON THE FACE OF THIS FORM.
<br />This warranty does not apply to batteries, tires, distributor points, spark plugs or other trade
<br />accessories which are covered by the existing warranties, if any, of the respective manufacturers
<br />thereof.
<br />8. FINANCE/DELINQUENCY CHARGES. Buyer hereby agrees to pay a finance delinquency
<br />charge to Seller of 1% per month on any outstanding balance due and owing more than 30 days
<br />after invoiced by Seller to Buyer in this transaction. This is an Annual Percentage Rate of 12%.
<br />BILL OF SALE FOR UNITS TAKEN IN ON TRADE
<br />obtaining, adjusting, settling and canceling such insurance and endorsing any drafts for the
<br />duration of the Seller's security interest herein.
<br />10. RESALE, ENCUMBRANCE AND EXAMINATION. The Buyer agrees that the Seller may examin
<br />and inspect the equipment delivered hereunder at any time wherever located so long as there are
<br />obligations of the Buyer contained herein still unperformed and the Seller retains a security intere
<br />in the equipment. Buyer further agrees, warrants and covenants that no sale or offer of sale or
<br />other transfer or encumbrance shall be made on the equipment without the prior written consent
<br />ofthe Seller during the duration of the Seller's security interest in the equipment and that the
<br />Buyer shall keep the equipment in good order and repair and will not waste or destroy the same f
<br />the duration of the Seller's security interest.
<br />11. REPOSSESSION. in addition to all other rights and remedies upon default afforded to Seller
<br />herein, Buyer upon default specifically grants the right to Seller to come upon and/or go into the
<br />property of Buyer where the equipment is located and take possession ofthe equipment without
<br />Judicial process to the extent permitted by law.
<br />12. COSTS, EXPENSES, ATTORNEYS' FEES, ETC. UPON DEFAULT. In the event of a default under
<br />this agreement the Seller shall have the right, at its option and without demand or notice, to
<br />declare all or any part of the obligations Immediately due and payable; and in addition, the Seller
<br />may exercise, in addition to the rights and remedies granted hereby, all ofthe rights and remedle:
<br />of the Seller under the Uniform Commercial Code or any other applicable law. Buyer agrees in the
<br />event of a default, to make the equipment available to the Seller at a place to be designated by th
<br />Seller. Buyer further agrees to pay all costs and expenses of the Seller including reasonable
<br />attorney fees and all other costs of litigation Incurred by the Seiler in the collection of any of the
<br />obligations of the enforcement of any of Seller's rights including but not limited to repossession al
<br />replevin.
<br />13. DELAYS. Seller shall not be liable for loss or damage due to delay in delivery or manufacture
<br />resulting from causes beyond Seller's reasonable control, including but not limited to, compliance
<br />with any regulations, orders, or instructions of any federal, state or municipal government or any
<br />department or agency thereof, acts of God, acts of omissions of the Buyer, acts of civil or military
<br />authority, fires, strikes, factory shutdowns or alterations, embargoes, war, riot, delays in
<br />transportation, or inability due to causes beyond the Seller's reasonable control to obtain necessa
<br />labor, manufacturing facilities or materials from the Seller's usual sources; any delays resulting
<br />from any such cause shall constitute a waiver of all claims from damages. In no event shall Seller b
<br />liable for SPECIAL OR CONSEQUENTIAL DAMAGES.
<br />14. CANCELLATION. Buyer may cancel its order, reduce quantities, revise specifications or
<br />extend schedules only by mutual agreements as to reasonable and proper cancellation charges
<br />which shall take into account expenses already incurred and commitments made by Seller, and
<br />Buyer shall indemnify Seller against any loss resulting therefrom.
<br />15. LIMITATION OF LIABILITY. Buyer's exclusive remedy in the event of any act or omission by c
<br />attributable to Seller giving rise to any liability shall he the repair or replacement of any non-
<br />conforming goods or parts. In addition, It Is agreed that IN NO EVENT SHALL SELLER BE LIABLE FOF
<br />ANY CONSEQUENTIAL DAMAGES INCURRED OR SUSTAINED BY BUYER FROM ANY CAUSE OF ANY
<br />KIND OR NATURE IN THE CASE OF INJURY TO THE PERSON. LIABILITY FOR CONSEQUENTIAL
<br />DAMAGES IS EXCLUDED TO EXTENT PERMITTED BY LAW.
<br />16. INDEMNIFICATION. Buyer agrees to Indemnify, defend, and hold Seller free and harmless
<br />from any and all liabilities, damages, losses, claims, causes or action, and suits of law or In equity c
<br />any obligation whatsoever arising out of or attributed to any action or neglect of the Buyer or any
<br />personnel employed by Buyer in connection with the use, operation or maintenance of the goods
<br />obtained as a result of this Purchase Order,
<br />17. ARBITRATION. Any controversy or claim arising out of or relating to this agreement, or any
<br />breech thereof, shall be settled in accordance with the Rules of the American Arbitration
<br />Association, and judgment upon the award may be entered In any court having jurisdiction thereo
<br />18. ENTIRE AGREEMENT AND APPLICABLE LAW. The rights and obligations of Seller and Buyer
<br />under any order placed pursuant hereto shall be governed by the laws of the state where accepte
<br />by Seller. No waiver, modification or addition to any of the provisions on the face hereof shall be
<br />binding on Seller unless made in writing by the General Manager or the General Sales Manager at
<br />Seller's branch office as stated herein. In the event of conflict between Buyer's purchase order anc
<br />the terms hereof, the latter shall.
<br />For value received, I/we hereby bargain and shall grant and deliver unto Morrison Industrial the following described materials:
<br />Amount of encumbrance $ Due:
<br />Payable to:
<br />i/we hereby certify that there is no lien, claim, debt, mortgage or encumbrance of any kind other than described above, and that same is free and clear and is my/our sole and absolute property.
<br />Trade in units reflected above most be in same condition as time of inspection. Trade in units not operating in the same condition will be subject to re-evaluation.
<br />By; Date:
<br />Page 14 / 5 Quote # 357245
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