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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.
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