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THIS ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
<br /> I.NEW WARRANTY.New Caterpillar products are sold subject to the terms of the applicable warranty.Copies of the warranty applicable to this purchase are attached hereto and the customer,by inflating below,acknowledges the receipt of the listed warranties.
<br /> Initials Form Date Initials Form Date
<br /> Self 5070
<br /> Self 5069(Century Line)
<br /> 2.USED WARRANTY.Dealer guarantees a used machine against mechanical failure for a period of
<br /> days or service meter hours(whichever comes first)as set out below.Dealer will pay
<br /> and the Customer %of the cost of repairs.
<br /> a.Warranty covers both parts and labor necessary to repair an inoperative machine.
<br /> It.Dealer and Customer will share the cost of such repairs(including replacement parts,labor,service expense and mileage as required)in the proportion shown above.
<br /> c.Customer agrees to promptly report to Dealer any mechanical failures that occur during the term of this agreement,and to make the machine available on request to Dealer during its regular daytime working hours;if the Customer desires the work done outside of regular hours,
<br /> Customer agrees to pay the difference between standard rates and overtime rates in effect at that time.
<br /> it.Warranty period begins on the date of delivery of the machine to the Customer.
<br /> e.Warranty does not cover expendable items such as glass,tires,cable,hoses,cutting edges,fifers,oils,grease,electrical equipment,batteries,etc.
<br /> I.Dealer reserves the right to inspect the machine at any time,and to refuse any claim resulting from negligence or abuse.
<br /> g.All repair work is to be perionned by Dealer except as otherwise authorized by Dealer.
<br /> h.IF THE PARTICIPATION IN COST OF REPAIRS OF DEALER IS SHOWN AS'NONE,"THE MACHINE IS SOLD"AS IS"WITHOUT WARRANTY OF ANY KIND,AND AT THE CUSTOMER'S ENTIRE RISK AND RESPONSIBILITY.
<br /> THE ABOVE WARRANTIES,IF ANY,ARE IN LIEU OF ANY OTHER WARRANTY,EXPRESS OR IMPLIED;THERE IS NO WARRANTY OF MERCHANTABILITY;THERE IS NO WARRANTY THAT THE EQUIPMENT SHALL BE FIT FOR ANY PARTICULAR PURPOSE OR USE;
<br /> NO WARRANTIES EXTEND BEYOND THE DESCRIPTIONS CONTAINED HEREIN.
<br /> 3.CONDITION OF TRADE-IN.If,in the opinion of the Dealer,the mechanical condition of the trade-in(if any)is substantially different when it is turned over to the Dealer than it was when this Purchase Order was signed,the Dealer reserves the right to request that the trade-in
<br /> allowance figure be reevaluated.
<br /> 4.TITLE WARRANTY.Dealer warrants full and complete title to the goods which are subject to this agreement including the warranty that(a)the Dealer has good 8tle to the goods;(b)the Dealer has the right to convey title to the goods;(c)the goods sold shall be tree and clear of
<br /> encumbrances,security interests,liens and charges.
<br /> 5.ACCEPTANCE.Goods sold pursuant to this agreement shall be inspected by the Customer upon arrival and any use of the goods for purposes other than inspection and testing during this period shall constitute an acceptance.If the goods fail to conform to the agreement in any way,
<br /> the Customer shall notify the Dealer within five(5)days of arrival and failing such notification the goods shall be deemed to have been accepted.
<br /> 6.FORCE MAJEURE.The Dealer shall not be responsible for any delay of other failure to perform caused by reason of strikes,lockouts,or other labor difficulties or by material shortages,fires,floods,and other acts of God,accidents,embargoes,acts of war,conditions caused by a
<br /> national emergency,any rule,order or regulations of any governmental body or agency,delays of subcontractors,or by reason of any other act beyond the reasonable control of Dealer,and Dealer's time for performance shall be extended accordingly.If delivery is delayed or interrupted
<br /> for any such cause,Dealer may store the equipment at Customer's expense and risk and if on premises controlled by Dealer,may charge therefor at a rate similarto that charged by a public warehouse.Any such storage be deemed delivery for the purpose of this agreement.
<br /> 7.This agreement shall be construed under the laws of the State of Iowa and the United States of America.The courts of such state shall have exclusive jurisdiction over all controversies arising out of or in connection with this agreement.It is understood,however,that if any portion of
<br /> this agreement is prohibited or contrary to the laws of any County,State,Province or other political subdivision in which it is used or to which it is made applicable,it shall,as to said County,State,Province or other political subdivision be ineffective and void to the extent of such
<br /> prohibition or illegality without invalidating any of its remaining provisions,and to this and the provisions and clauses of this agreement are declared to be severable.
<br /> 8.Any taxes or import duties imposed by the laws of any County,Dominion,State,Territory,Province,Municipality or other authority,which Dealer may be required to pay or to reimburse to others by reason of them manufacture,ownership,use or sale of any goods delivered under this
<br /> agreement,will be added to the price of the goods either as a separate item or included in the invoice price of the goods,as the law may require or Dealer may determine.
<br /> 9.This agreement is not subject to cancellation or to change unless requested by the Customer and accepted in writing by the Dealer.In the event of any such cancellations,the Customer shall pay the Dealer within 30 days of such cancellation reasonable costs and all other expense
<br /> incurred by Dealer prior to receipt of the request for cancellation(including but not limited to engineering expenses and all commitments to its suppliers,subcontractors,and others)plus an amount equal to fifteen percent(15%)of the total of the foregoing.
<br /> 10.Any payments agreed to by the Customer and not fulfilled by the Customer on the date promised,shall be subject to a late payment penalty of 1.5%interest per month(18%per year).The minimum penalty shall be$2.00 per month.This charge will continue until the amount and
<br /> interest are paid in full.
<br /> 11.Purchaser is hereby notified that Aftorfer Rents has assigned to CATD Exchange Services,LLC,acting in its capacity as a Qualified Intermediary,its rights(including its fights with respect to all money and any trade�ms,but none of its obligations)with respect to the sale of this
<br /> equipment Payment must be made to"CATO ES as Of for Aitorfer Rents"and mailed to Aforfer Rents,P.O.Box 1347,Cedar Rapids,IA 52406.
<br /> 12.REMEDIES.The rights and remedies of the Dealer shall not be exclusive but shall be cumulative and in addition to any other rights and remedies provided by any and all clauses of this Purchase Order and to all other rights and remedies in law or equity.
<br /> 13.ALTORFER IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY OR DAMAGES OF ANY NATURE,PERSONAL OR PROPERTY,SUFFERED OR SUSTAINED IN THE OPERATION OF THE EQUIPMENT OR
<br /> RESULTING FROM FAILURE OR INADEQUACY OF THE EQUIPMENT OR ITS COMPONENTS;AND THAT ALTORFER SHALL NOT BE DEEMED OR HELD OBLIGATED,LIABLE OR ACCOUNTABLE UPON OR UNDER ANY GUARANTEE OR WARRANTY,EXPRESS OR
<br /> IMPLIED,STATUTORY BY OPERATION OF LAW,OR OTHERWISE,IN ANY MANNER OR FORM BEYOND THE AGREEMENTS OF SUB-PARAGRAPHS 1 OR 2 THIS AGREEMENT.
<br /> 14.Any action of any type by any party to this Agreement renting to this Agreement,whether such action be for breach of contract,breach of warranty,in tat or under any other legal theory,must be commenced within two(2)years of accrual of the cause of action.
<br /> 15.Customer agrees that this agreement can be filed as public notice of a lien in favor of Altoder Inc.This filing will be made with the competent agency as designated by law.Customer affirms that this agreement creates a lien in favor of Ahorfer Inc.
<br /> 16.EFFECTIVE DATE OF AGREEMENT.This agreement must be approved and signed by an authorized officer/agent of Altorfer before any of its terms or conditions are valid.
<br /> 17.Bill of Sate-the customer hereby certifies that there is no lien,claim,debt,mortgage or encumbrance of any kind,nature or description against this property now existing,of record or otherwise,and that same is free and dear and is their sole and absolute property.
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