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mccann
<br />Performance you can count on
<br />Sim,wi,q the Constroctor
<br />_EA§ff"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 />0 NEW - Other manufacturer's warranty
<br />El 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 w WATtONS OF WARRANTIES unless otherwise stated in wrifin below,
<br />EXTENDED SERVICE CONTRACT — Accept — Decline $ Deductible
<br />Initial Initial
<br />F1 Full Machine El Power Train 1:1 Power Train+ Hydraulics ❑ Power Train+ Electronics . ....-,-,-,-,-„,,,,,,,,,,,,,,,,,,,,,,,,,,Hours . .......... ... Months
<br />exer "We a first)
<br />PREVENTATIVE MAINTENANCE PACKAGE Accept Decline
<br />Quote Number Initial
<br />Purchase Price
<br />Term: Years Hours Financed with Machine:
<br />Initial
<br />Yes El No 0
<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 Month Initial Number f =:
<br />X Total . ........ Premium Calculation: Selling Price of EquipmenJI X Monthly Pre
<br />s taxL
<br />of
<br />tax _ Rat Mont Premium
<br />Y Y � 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 lime of order and in no event shall equipment be delivered poor to full settlement The Cuskomer shall pay the full amount of any outstanding balance shown ors the monthly statement within only (30) days argue
<br />Invoice date Should payment nor be received by McCann according to the credit terms stated, the entire bmarv,a is considered in default and due for immediate payment Customer agrees to pay a service credits on the outstanding balance for
<br />which payment ties nor been received according to lemns skated The service charge shall be a minimum of 1-112% Per month of Ilia Customer's outstanding past due balance, after deducting current payments arid credits, Such service charges
<br />shall become part of In. Customers ..[standing boleros Customer agrees to pay McCann a reasonable processing fee to cover any check returned by Customer's bank as unpaid tribe Customer fails to pay pursuant to the more of Phis agreement
<br />:id McCann elects to lake action to collect this Account, In. Customer shall pay all costs incurred by McCann including, but not limited to: Attorney's fees, collecion agency fees, court costs, deposition slid transcript costs, sheriffs fees, special
<br />process sewer 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 CUSTOMERS
<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 NTH THE DURAGE COUNTY CIRCUIT COURT OF ILLINOIS.
<br />Customer waives any right to a jury trial and any tight to file a Counker-Claim in any ulwn is iindooe this agreement, Al McCann's sole discretion, any deposition will take place in DuPage County
<br />Time is of the essence of this contract and if Customer fails to comply with any of the loans 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 videbledness or contract hold by the McCann or Assignee, or if proceedings are instituted against Customer under any bankruptcy or insolvency law or Customer makes an assignment for the benefit
<br />of creditors or it 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, take possession aline equipment set forth on the reverse hereof, or any additions to,
<br />replacements of, or any proceeds from said equipment or may render the properly unusable or McCann may require Cuslomer to assemble the property and make it available at a place designated by McCann, McCann may resell the retaken property
<br />at public or private Sales in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, resolving, holding, preparing for sole, other selling expenses including attorney fees and
<br />legal 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 to Customer
<br />Said retaking or repossession shall nor be deemed rescission of the contract, McCann may exercise any other lights and comedies 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 for the payment hereof.
<br />The Customer acknowledges knot it has special skill and knowledge In the selection and use of the equipment and malarial to be purchased, loaned, used for demo or reviled from McCann and expressly disclaims any reliance upon any statements or
<br />.presentations made or to he made by McCann 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 tworrisdons 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 [fie 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 he used and the quisfifificaldne of the user and the equipment or lock of equipment of the user are beyond the central of the McCann, therefore McCann expressly disclaims any responsibility for Customer's
<br />owhitilimer*i or faildre to comply willi WrIA and/or other goveirinvoral safety arlwaigh rothifirkoas or standards.
<br />The, Cu=.kuiner authorizes any offs employees it sends to Mccamito deliver or pick 4p equipfluvrit or materials, for purchase, lead, demo, hernial, 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 referring, 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 riot have a representative present at the Lime of delivery, the Customer authorizes McCann to
<br />leave the material and equipment at the designated place of delivery, Upon said delivery, [he 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 has had possession, or the right
<br />to possession of the items charged, Customer agrees to Inspect all material Rho
<br />immediately upon delivery to verity: (a) the quantities described in the agreement are me 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 o Customer gives McCann written notice by certified mall -return receipt requested within three (3) days of delivery, [he Customer waives any clarn he may have
<br />rig.iwrl McCann for any determinable deficiency or defect in said delivery, product, or repair, and any rejection 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 rehiring to or in anyway arising out of
<br />the d.,i "" acquisition, delivery, Installation, possession, maintenance, use, operator, control, loss damage, deeloudion, return, surrender, sale or disposition of the material and/or equipment purchased, loaned, used for demo or rented from McCann
<br />This indemnity shall riot be affected by any ordination of this agroemert with respect to said materials and equipment McCann shall be excused if delivery is delayed or rendered impossible by differences with workman, 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, snore, acts of civil and nfiflary authorities, war and
<br />insurrections,
<br />The parties agree that this is Rio entire agreement and that no oral reprosealation or agreement has been made which would modify this agreement or be a condition precedent or subsequent to the enforcement of this agreement arid that this agreement
<br />may nor be modified excotul by a writing signed by each of the prelhas The inyrflidity of any parikut of thhr agreement shall viol be construed as a waiver thereof and shall root excuse Customer from side[ performance..Customer authorizes McCann to
<br />inset the serial and/or nimlid numbers of the goods iel forth on the Tovolse side hereof far the teopoms all Identifying said equipment
<br />Customer represents that he has read and has been afforded the opportunity to read the terms of [his agreement and agrees to be bound by them
<br />IT IS UNDERSTOOD T� AT THIS I THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS.
<br />PURCHASER:
<br />ACC 'T MANA M I i e . G - ,j (COMPANY) City Of South Bend
<br />DATE: 07-17-2019 BY: DATE: — — ------
<br />T!!A!, 'I.., S nature Authorized Signature
<br />NAME: TITLE:
<br />L!, rived S
<br />ACCEPTED: MCCANN INDUSTRIES, INC, . ...... ... ...
<br />Print Name
<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.
<br />PAGE 2 OF 2
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