TERMS AND CONDITIONS OF SALE OR RENTAL FOR ITEMS LISTED ON THIS QUOTATION Evans Enterprises, Inc. issues the invoice for the goods or a service specified and is hereinafter called "Seller". The person or entity receiving such goods or services is hereinafter called "Purchaser".
All prices quoted are subject to change without notice. Shipping dates are approximate and Seller shall not be liable for delays in delivery. No cash discounts are allowed. All goods and services offered in this quotation are subject to prior sale and subject to terms and conditions set forth in the Confirmation of Sale and Acknowledgment to be issued after acceptance of this quotation and any and all amounts due, or to become due hereunder, shall bear interest at the rate of 18% per annum or at the maximum non-usurious rate, whichever is lower.
LIMITED WARRANTY- SELLER WARRANTS ALL GOOD AND SERVICES SOLD HEREUNDER TO BE FREE FROM INHERENT ELECTRICAL OR MECHANICAL DEFECTS ON DATE OF SHIPMENT. SELLER FURTHER WARRANTS THAT ON DATE OF SHIPMENT, THE EQUIPMENT WILL DELIVER ITS RATED OUTPUT AS INDICATED BYTHE NAME-PLATE, PROVIDED APPARATUS IS PROPERLY CARED FOR AND OPERATED UNDER PROPER CONDITIONS WITH COMPETENT SUPERVISION. The warranties are extended to the immediate purchaser only and not transferable, provided however, that if the Purchaser, in the course of its usual business, transfers t tile or leases apparatus (including equipment incorporating such apparatus) to a third party, such period shall run to such third party one year from shipment date to Purchaser or third party, whichever is first.
COVERED REPAIRS- Parts found to be defective within one (1) year, (except in the case of diesel, gas and gasoline engines, in which event the period of time shall be ninety (90) days), from date of (i) shipment or (ii) start-up of the equipment, if Seller's personnel are present to, and participate in the startup of the equipment, will be replaced or repaired, at the option of Seller, F.O.B. Origin Seller's plant, freight paid by Purchaser or third party, free repair charge. PROVIDING the equipment has been installed and operated under proper conditions and connected in its rated load; and the NOTICE IN WRITING is given Seller by Purchaser or third party immediately when parts are found to be defective so the representative of Seller may be present in inspect the equipment when it is dismantled. Purchaser's failure to comply with all terms herein shall automatically void any warranty provided by seller.
RESTRICTIONS-No claims for damages or for labor done by others or parts furnished by others will be allowed unless authorized by Seller, in writing. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE AND IS EXPRESSLY IN LIEU OF ANY WARRANTIES OTHERWISE IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAT PURPOSE. PURCHASER AGREES THAT NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, HAVE BEEN MADE OR GIVEN. No representations, claims, statements advertising or promotional activities made or conducted by Seller or Seller's agents or representatives shall be binding upon Seller unless the same are expressly set forth in this quotation, the Confirmation of Sale and Acknowledgment or in a subsequent written agreement executed by Seller. In the event the equipment set forth hereunder fails to comply with any warranty set forth herein or imposed by law, the only obligation of Seller shall be that upon return of the con-conforming equipment freight prepaid to Seller at its FOB Origin plant. Seller shall replace defective or non-conforming parts, at no cost to Purchaser. In the event of breach or repudiation of this agreement by Seller, or in the event any equipment sold hereunder fails to comply with any warranty extended herein, Seller shall not be liable to Purchaser or any or any third party for any special, consequential, incidental or penal damages, including, but not limited to, loss of profit or revenues, loss of use of the products or any associated equipment, damages to associated equipment, costs of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Purchaser's or third party's customers for such damages, and Purchaser agrees to and does hereby indemnify Seller from such damages. IF Purchaser transfers title to or leases the products sold hereunder to any third party, as a condition precedent to the transference of the warranty to a third party, as set forth above, Purchaser shall obtain from such third party, a provision affording Seller and its suppliers the protection of the preceding sentence and Purchaser indemnifies Seller from such liability. This warranty gives you specific legal rights and you may also have other rights, which may vary from state to state. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY AND THE DAMAGES SET FORTH HEREIN ARE EXPRESSLY AGREED TO BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO PURCHASER.
DELIVERY- Shipping dates are approximate and are based upon prompt receipt of all necessary information and the execution of this Confirmation. Purchaser agrees that Seller is not responsible for late deliveries for any reason, including but not limited to (1) causes beyond Seller's reasonable controls or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, or other labor disturbances, flood, epidemics, war or delays in transportation or car shortages, or (3) inability to account causes beyond its reasonable control to obtain necessary labor materials, components or manufacturing facilities, (4) or any other delay. In the event of any such delay the date of delivery or of performance shall be extended for a period of the time lost by reason on the delay.
PAYMENTS - Payments shall become due as specified in the terms. In the event the terms are silent with respect to payment then payment to Seller's FOB Origin plant shall be due thirty (30) days from shipment to Purchaser. Purchaser agrees that no amounts will be deducted for late delivery. If the financial condition of the Purchaser at any time does not, in the judgment of the Seller, justify continuance of the work performed by Seller hereunder on the terms of payment agreed upon. Seller may require full or partial payment in advance or shall be entitled to cancel any order than outstanding and shall receive reimbursement for its reasonable and probable cancellation charges as set forth below in the event of bankruptcy or insolvency of the Purchaser, voluntarily or involuntarily, under the bankruptcy or any insolvency laws. Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges. The rights of the Seller under this paragraph are cumulative and in addition to all rights available to the Seller at law or in equity.
SALES AND SIMILAR TAXES - Seller's prices do not include sales use, excise or other similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the equipment hereunder shall be paid by the Purchaser, or in lieu thereof, the Purchaser shall provide Seller with a tax exempt certificate acceptable to the taxing authorities.
LIMITATION - The written term contained in the Confirmation of Sale and Acknowledgment are the only terms upon which Seller will sell the goods and services described in this quotation. All other terms and conditions, whet her contained in a purchase order or other document is hereby objected to and rejected by Seller. Acceptance of delivery of these goods and services shall constitute an agreement to these conditions by Purchaser and an acknowledgment by Purchaser that there are no representations or terms and conditions applicable to this sale other than those set forth herein. This agreement can be modified or rescinded only by a writing signed by both parties or their agents.
GENERAL-This sale shall be subject to arbitration in accordance with the rules and regulations of the American Arbitration Association. The parties agree that in the event of a dispute the parties will submit to arbitration. This agreement shall be construed in accordance with the laws of the State Of Oklahoma. All sales and warranties of goods or services hereunder will be Seller's FOB Origin plant. All terms and conditions of this sale, including all payments, are due, performable and payable in Seller's FOB Origin plant locale.
RENTAL- All above terms and conditions apply to rental equipment with the additional the 1) customer is to carry adequate insurance against all hazards on the equipment; 2) customer is to maintain equipment properly and furnish all fuel and expendable items; and 3) customer is to return the equipment in good operating condition at the end of the rental period.