TERMS AND CONDITIONS

MACHINE SALES GENERAL TERMS AND CONDITIONS

The conditions and terms stated below constitute the entire agreement between the parties named therein.

  1. Unless the machinery is paid for in full in cash at the time of delivery, Seller retains and Customer grants to Seller a security interest in such machinery within the meaning of the Uniform Commercial Code together with all and any substitutions, additions or accessions, and in any and all proceeds from the sale, exchange or disposal thereof. Customer, prior to or after delivery, specifically agrees to enter into and execute a Financing Statement, or statements, and a Security Agreement, setting forth the terms and conditions of the Agreement between the parties In relation to the security Interest of the In event Customer fails to enter into such Security Agreement with the Seller, the entire balance of the purchase price shall at Seller’s option become due and payable, and the Seller shall have all remedies available to him provided for and set out in the Uniform Commercial Code, and at Seller’s option this order may be treated by Seller as a Security Agreement insofar as the law allows and insofar as Seller’s security interest is perfected. Customer further agrees to execute and deliver to Seller any other Notes, or evidences of indebtedness that may be required by the Seller. However, any Note taken herewith shall evidence indebtedness only and is not to be considered or construed to be payment for said machinery. Inclusion of proceeds herein does not authorize Customer to sell or otherwise dispose of subject property.
  2. Claims for shortage in shipments must .be made within fifteen (15) days from receipt of shipment. The Seller’s responsibility for shipments ceases upon delivery to transportation company and all claims for shortage or damages occurring thereafter must be made by the Customer directly to the transportation company.
  3. The Customer agrees that this order shall not be countermanded by him and that when it is accepted (and until the execution and delivery of the Security Agreement(s), Financing Statement(s) and Note(s) required to consummate the sale as above specified) it will cover all agreements between the parties relative to this transaction, and that the Seller Is not bound by any representations of terms made by any agent relative to this transaction which are not embodied.
  4. The Customer shall, at his own expense, maintain such insurance as requested by the Seller in advance of shi It is agreed that the machinery which is the subject of this agreement will be well taken care of and kept in good repair at the expense of the Customer and that the Customer will promptly pay all ad valorem taxes thereon and the Customer has no authority to have said machinery charged with a lien for repairs or improvements and if said machinery should become charged with any lien, or the value thereof become impaired by neglect or otherwise, or should the possession of same be changed from the Customer, or should the same be removed from the State of Mississippi, without the written consent of the Seller, or the holder hereof, or should said machinery, or any part of it, be seized in any legal proceeding, or should Customer become insolvent, or the Customer (or either of them) be adjudged a bankrupt or have a receiver appointed for its, his, her or their machinery, or should default be made in the terms of this agreement, this entire Indebtedness shall immediately become due and payable at the option of the Seller, or holder of this note.
  5. It is agreed that the Seller, or the holder hereof, on the happening of any of the things and events in the preceding paragraph, may take peaceable possession of said machinery and may otherwise enforce all rights granted by the Uniform Commercial Code or other applicable.
  6. The remedies provided for herein are not exclusive and any action to enforce compliance with the terms and conditions hereof shall not waive or affect any of the Seller’s or holder’s rights to have any recourse to said machinery.
  7. All replacement parts, additions, repairs and accessories incorporated in or affixed to any of the subject machinery shall become a part thereof and title thereto shall vest in Seller.
  8. The Customer agrees to pay all reasonable attorney’s fees, collection charges or other expenses occasioned by Customer’s failure to abide by any of the terms and conditions hereof.
  9. THE SELLER SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY DAMAGES, WHETHER ON ACCOUNT OF PERSONAL INJURIES OR OTHERWISE SUFFERED OR SUSTAINED IN THE OPERATION OF SAID MACHINE, NOR FOR ANY DAMAGES RESULTING TO THE CUSTOMER BY REASON OF ANY DELAYS OR ANY ALLEGED FAILURE Of ANY MACHINE TO OPERATE. SELLER IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL SELLER, NOT· BEING THE MANUFACTURER OF THE MACHINE, NOR MANUFACTURER’S AGENT MAKES NO WARRANTY OF THE MERCHANTABILITY OR FITNESS OF THE MACHINE FOR ANY PURPOSE. ALL LIABILITIES ARISING THEREFROM ARE ASSUMED BY CUSTOMER AT ITS SOLE RISK AND EXPENSE. NO ORAL AGREEMENTS, GUARANTY, PROMISE, CONDITION, REPRESENTATION OR WARRANTY SHALL BE BINDING.
  10. It is understood and agreed that title to and rights of possession of the machinery shall remain vested in the Seller until any indebtedness and all sums due or to become due from the Customer whether evidenced by note, book account, judgment or otherwise, shall have been fully paid to Seller at which time ownership shall pass to Customer.
  11. In order for warranty or extended coverage to be applicable, it is mandatory that reasonable maintenance and operation practices be followed as outlined by the manufacturer. A minimum of one oil sample from each compartment at recommended change Intervals as per service manual is required. Failure to submit on samples as required makes this coverage subject to termination without notice.

 

PARTS SALES GENERAL TERMS AND CONDITIONS

The conditions and terms stated below constitute the entire agreement between the parties named therein.

  1. All items not shipped are Back Ordered and will be forwarded as soon as possible unless otherwise advised.
  2. The Seller’s responsibility ceases when shipment has been delivered in good order to the transportation company.  If the shipment arrives in bad order, Customer is to have receipt noted by the carrier’s agent. Claims for concealed shortages and or damages will not be considered unless made within 10 days after receipt of shipment.
  3. The liability of the Seller is limited solely to the replacement of any repair parts which its inspection at its shop discloses to be defective as to workmanship or material.  ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED.
  4. Customer agrees to pay Seller for all parts at its office in Flowood, Rankin County, Mississippi, as well as for all goods or services heretofore or hereafter bought or ordered from Seller together with a monthly delinquency charge at the rate of 1.5% per month on all accounts which are not paid within the month following the date of the statement on which a charge first appears and 33% attorney’s fees if the account is placed in the hands of an attorney or if judicial proceeding are used for collections.