|
<A. MACQUEEN
<br /> EMERGENCY
<br /> 7. Cancellation/Termination
<br /> In the event this Agreement is cancelled or terminated by a party before completion, MacQueen may charge a
<br /> cancellation fee. The following charge schedule based on costs incurred may be applied:(a)10%of the Purchase
<br /> Price after order is accepted and entered by MacQueen; (b)20%of the Purchase Price after completion of approval
<br /> drawings, and; (c)30%of the Purchase Price upon any material requisition.The cancellation fee will increase
<br /> accordingly as costs are incurred as the order progresses through engineering and into manufacturing. MacQueen
<br /> endeavors to mitigate any such costs through the sale of such Product to another purchaser;however,Customer
<br /> shall remain liable for the difference between the Purchase Price and, if applicable,the sale price obtained by
<br /> MacQueen upon sale of the Product to another purchaser, plus any costs incurred by MacQueen to conduct any such
<br /> sale.
<br /> 8. Delivery,Inspection,and Acceptance
<br /> a. Delivery
<br /> Delivery of the Product is scheduled to be within (_)months of the Effective Date of this
<br /> Agreement. Risk of loss shall pass to Customer upon Delivery. Delivery shall be made and title shall pass upon
<br /> Customer's complete fulfillment of its obligations arising under Section:,, hereof.
<br /> b. Inspection and Acceptance
<br /> Upon Delivery,Customer shall have fifteen(15)days within which td'41Isp4&the Product for substantial
<br /> conformance to the material Specifications,and in the event of substantial non-conformance to the material
<br /> Specifications to furnish MacQueen with written notice sufficient to permit MacQueen to evaluate such non-
<br /> conformance("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall
<br /> be remedied by MacQueen within thirty(30)days from the Notice of Defect. In the event MacQueen does not
<br /> receive a Notice of Defect within fifteen(15)days of Delivery, Product will be deemed to be in conformance with
<br /> Specifications and Accepted by Customer.
<br /> 9. Notice
<br /> Any required or permitted notices hereunder must be given in writing at the address of each party set forth below,
<br /> or to such other address as either party may substitute by written notice to the other in the manner contemplated
<br /> herein, by one of the following methods:hand delivery;registered,express,or certified mail, return receipt
<br /> requested,postage prepaid;or pati,hall -.ecognized private express courier:
<br /> MacQueen Equipment,LLC* Customer
<br /> 1125 7th Street East
<br /> St. Paul, MN 55106 , ky
<br /> 10. Standard Warranty 10
<br /> The equipment sold herein will be manufactured by Pierce Manufacturing, Inc.and any warranties are attached
<br /> hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by
<br /> Pierce's authorized representative and MacQueen.
<br /> a. Disclaimer
<br /> Other than as expressly set forth in this agreement,neither Pierce, its Parent Company,Affiliates,Subsidiaries,
<br /> Licensors,suppliers,distributors,dealers, including without limitation, MacQueen,or other respective officers,
<br /> directors,employees,shareholders,agents or representatives, make any express or implied warranties with
<br /> respect to the products provided hereunder or otherwise regarding this agreement,whether oral or written,
<br /> express,implied or statutory.Without limiting the foregoing,any implied warranty against infringement,and the
<br /> implied warranty of condition of fitness for a particular purpose are expressly excluded and disclaimed.
<br /> Statements made by sales representatives or in promotional materials do not constitute warranties.
<br /> b. Exclusions of Incidental and Consequential Damages
<br /> In no event shall MacQueen be liable for consequential, incidental or punitive damages incurred by Customer or
<br /> any third party in connection with any matter arising out of or relating to this Agreement,or the breach thereof,
<br /> 2
<br />
|