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19919 Brown Equipment Company Vehicle Quote <br /> 2501 S Kentucky Ave <br /> Evansville IN 47714 <br /> BROWN Ph:800-747-2312 #Q08840 <br /> EQUIPMENT COMPANY www.brownequipment.net 11/27/2023 <br /> 13.PERMISSIBLE VARIATIONS.The products sold hereunder shall be subject to Seller's standard manufacturing variations,tolerances and classifications. <br /> 14.TECHNICAL ADVICE.Buyer represents that it has made its own independent determination that the products it is purchasing under this contract meet the <br /> design requirements of Buyer's project and are suitable for Buyer's intended application.Buyer further represents that it has not relied in any respect on any <br /> written or oral statements or advice from Seller,other than the standard product specifications set forth in the most recent addition of Seller's published product <br /> brochures,in making that determination. <br /> 15.TAXES.Any applicable sales,excise and/or use taxes,if any,due under the laws of any state,any local government authority,or the federal government of the <br /> United States,in connection with the purchase and sale of any equipment,parts,and/or services shall be the responsibility of the Buyer. <br /> 16.BUYER'S RIGHT OF TERMINATION.Buyer may terminate this contract in whole or in part upon notice in writing to Seller.Seller shall thereupon cease <br /> 11/16/23 work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for <br /> the purpose of performing this contract,and Buyer shall pay Seller the sum of the following:(1)the contract price for all products which have been completed <br /> prior to termination;(2)the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accounting practice <br /> consistently maintained by Seller plus a reasonable profit thereon,but in no event more than the contract price;(3)the cost f.o.b.Seller's plant of materials and <br /> supplies acquired especially for the purpose of performing this contract;and(4)reasonable cancellation charges,if any,paid by Seller on account of any <br /> commitment(s)made hereunder. <br /> 17.SELLER'S RIGHT OF TERMINATION.In addition to the other rights of termination provided for in this contract,and if this contract is made pursuant to any <br /> governmental rule or regulation,plan,order or other directive,upon the termination thereof,Seller shall have the option of canceling this contract in whole or in <br /> part. <br /> 18.WAIVER.Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other or future rights or occurrences. <br /> 19.DELIVERY.Unless otherwise agreed to in writing by the Seller,the Buyer hereby agrees to take delivery of the materials on this order within the later of five <br /> (5)days after the wanted date shown on the face ofthe order or within five(5)days after notification,oral or written,that the materials are ready for shipment.In <br /> the event that the Buyer does not arrange to take delivery of the materials in accordance with this Contract,Seller,at Seller's option,may:(a)invoice the Buyer for <br /> the materials less freight if applicable;store the material in Seller's yard for a period not to exceed sixty(60)days from the date of invoice;charge a storage fee <br /> not to exceed 5%per month or fraction thereof of the selling price of the stored materials;add any applicable price increases listed on the face of the order; <br /> charge for any repair work to protective coatings harmed by weathering while such material is being stored;and charge applicable freight when shipment to the <br /> Buyer is made.Materials remaining in storage after sixty(60)days from the invoice date shall become the property of the Seller for disposition at the Seller's <br /> discretion.In that event,Buyer shall not be liable for the invoice price of the materials,but shall be liable for the storage fee and any repair work to protective <br /> coatings;or(b)cancel the order and invoice the Buyer for cancellation charges,which shall be 50%of the selling price of the materials if the materials are <br /> standard,instock material,or the full selling price if the materials are special or nonstandard in nature and were especially fabricated for the Buyer. <br /> 20.PERIOD OF LIMITATIONS.Buyer and Seller agree that an action by Buyer against Seller for a breach of this contract,including any action for breach of <br /> warranty,or otherwise in connection with the goods sold under this contract,must be commenced by Buyer against Seller within one year after the cause of <br /> action therefore accrues. <br /> 21.CONFLICTING PROVISIONS OFFERED BY BUYER.Any terms and conditions of any purchase order or other instrument issued by the Buyer,in connection <br /> with the subject matter of this document,which are in addition to or inconsistent with the terms and conditions expressed herein,will not be binding on Seller in <br /> any matter whatsoever unless accepted by Seller in writing. <br /> 22.SEVERABILITY.In case any provision of this contract shall be declared invalid,illegal or unenforceable,the validity,legality and enforceability of the <br /> remaining provisions shall not in any way be affected or impaired. <br /> 23.APPLICABLE LAW.This contract shall be governed by,and construed and enforced in accordance with,the laws of the State of Indiana.Buyer and Seller <br /> specifically agree that any legal action brought relating to this contract will be brought and tried in the federal district court in Evansville,Indiana,or,in the <br /> absence ofjurisdiction,the Vanderburgh County Court of Common Pleas in Evansville,IN. <br /> II III IIIIIIIIIII II III I III 4of4 <br /> Q08840 <br />