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<br />BASE WARRANTY ON EQUIPMENT
<br />W rranty coverage on tine 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 dy this order is used equipment, THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment
<br />AS IS and with NO REFRESEftT'ATIONS OF WARRANTIES unless otherwise stated in writin below.
<br />EXTENDED SERVICE CONTRACT Accept Decline $ 0 Deductible
<br />Initial Initial
<br />CW Full Machine El PowerTrain ElPower Train + Hydraulics El.......
<br />Power Train + Electronics 7,500 Hours 60 .......- Months
<br />......
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<br />PREVENTATIVE MAINTENANCE PACKAGE Accept Decline
<br />Quote Number Initial Initial
<br />Purchase Price $ _ 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 />Initial Initial
<br />_._.....0.........................................__....................................................,,,,,�-� ...... -_ _---
<br />Premium Calculation: Selling Price of Equipment X nthly X Number of Total
<br />(excluding sales tax) Rate Months Premium
<br />X X 190
<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 far equipmem is due at time of order and !n no event shall equipment he delivered prior Ia full smtiemenL The Cuslomer shall pay the full amount of any outstanding balance shown on the monthly slatemenl within thirty (30) days ethic
<br />Invoice data Should payment not be received by McCann according to the credit terms staled, the entire balance is considered in default and due for immediate payment. Customer agrees to pay a service charge on the outstanding balance for
<br />which payment has net been received according to terms staled, The service charge shall be a minimum of 1-1t2% per month of the Customer's outstanding past due balance, after 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. Tina Customer falls to pay pursuant to the terms affairs agreement
<br />and McCann elects to lake 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, deposiliori and transcript opera, sheriffs fees, special
<br />process server fees, export witness fees and hand 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 WITH THE DUPAGE COUNTY CIRCUIT COURT OF ILLINOIS,
<br />Customer waives any right to a jury trial arid any right to file a Counter -Claim in any action to enforce iris agreement, At McCann's sole discretion, any deposikion will lake place in DuPage County,
<br />Time is of the essence or this contract and it Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any inskallmenl hereunder or under any renewals hereof, or in the payment of Interest or defaults in the
<br />payment of any inslallmenl due under any other indebtedness or contract held by the McCann or Assignee, or if proceedings are instituted against Cuslamer under any bankruptcy or insolvency law or Cuslomer makes an assignment for the benefil
<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 became immediately due and payable, with or
<br />without notice, difelher with all expenses of collection by suit or otherwise, including reasonable attorney fees and McCann may, without notice or demand, take possession of khe equipment set forth an the reverse hereof, or any additions to,
<br />replacements of, or any proceeds from said equipmem or may render the property unusable or McCann may require Customer to assemble gee property and make it available at a place designated by McCann" McCann may resell the retaken property
<br />al public or cover is
<br />Sales in accordance with the Uniform Commercial Code or applicable slake or provincial law After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and
<br />legal expenses, Itm remaining proceeds of Sale shall be credited upon the amount of indebledness remaining unpaid hereunder, and Customer agrees to pay any deficiency upon demand by McGann, and surplus, however, shall be paid to Cuslamer.
<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 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 farina payment hereof.
<br />The Customer acknowledges trial it has special skill and knowledge in the selection and use of the equipment and material to be purchased, loaned, used for demo or healed from McCann and expressly disclaims any reliance open any statements or
<br />representations made or to be made by McCann m., regarding the sale, rental, demo or repair of any material or equipment The Customer also acknowledges that it is their responsibility to comply with the manufacturer's imArucllons !n regard to
<br />storage, preparation, mixing, and application of maledals and expressly disclaims any reliance upon any statements or represememns made or to be made by McCann regarding the melodies., 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 rnanner 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 Customers
<br />compliance or failure to comply with OSHA and/or other govemrnenlal safety or health regulations or standards."
<br />The Customer authorizes any or its employees it sends to McCann to deliver or pick up equipment or maledals, for purchase, loan, demo, radial, or repair, to sign demo, rental or delivery receipts or repair orders for said equipment or materials and agrees
<br />to be bound by all the farms of said docurnonts. If McCann's employees assisl in loading or unloading, the Customer agrees to assume the risk of, and hold McCann harmless from, any property damaged or personal inkides attributable to the
<br />negligence pP 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 />ideniff relics only, This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not conslllum grounds for non-payment of charges when the Customer has had possession, or the rlghl
<br />to possession of the items charged. Cuslomer agrees to inspect. all material immediately upon delivery to verify: (a) the quantities described in the agreeme it are the quantities delivered and (b) there are no visible defects In the material. The
<br />Customer also agrees to examine all delivery lickels and invoices upon recelpL Unless the Cuslomer gives McCann written notice by cadged mail-retum receipt requested within three (3) days of delivery, the Customer waives any claim he may have
<br />against McCann for any delerminable deficiency or defect in said delivery, product, or repair, arid any objection he 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 d or In any way arising color
<br />the croaking, acquisigun, delivery, installation, possession, maintenance, use, uperalion, control, loss damage, desimcdon, return, surrender, sale or disposition or lire material and(or equipment purchased, loaned, used brooms ar rented from McCann..
<br />This indemnity shall not be affected by any lerrninallon of this agreement with respect to said materials and equipment. McCann shall be excused if delivery is delayed or rendered impossible by differences with warkmen, slakes, work stoppages, car
<br />shortages, delays in transportation, Inability to obtain labor or materials arid also by any cause beyond the reasonable control of McCann, including but not restricted to acts of God, floods, fire, stann, acts of civil and military euthorilies, war end
<br />insurrections..
<br />The parties agree that this is the entire agreement and that no oral representation of agreement has been made which would modify lyds agreement or be a condition precedent or subsequent to the enfomemom cirrus agreement and Ihm this agreement
<br />may riot per modified excapq by a wring signed by each or the pa gigs... The Invalidity of any pxandan or this agreement shall not be construed as a waiver thereof and shall nok excuse Customer from strict performance,. Customer authorizes McCann to
<br />insert Me!serial and/orflnotiol numbers of the Dorms set forth an the reverse side tuxomf for the porksonars or Identifying said equipment
<br />Customer represents that he has read and has been afforded the opporlunlly to read the leans of ibis agreement and agrees to be bound by them.
<br />IT IS UNDERSTOO AT THIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS
<br />PURCHASER:
<br />ACCOnAuthe
<br />N R: Ike y city Of South Bend
<br />......... ._ .. .. (COMPANY)
<br />�07-23-2019
<br />ras°,. DATE: m _._ BY: DATE:
<br />Authorized Signature
<br />ACCEPTED: MCCANN INDUSTRIES INC. . ., TITLE:
<br />,,,,,,,,,,,,,,,,,,,,,,,,Print N...._��.....�...
<br />are
<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, PAGE 2 OF 2
<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,
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