SPECIAL TERMS & CONDITIONS
CUSTOMER MUST READ
1. Delivery of this equipment is accepted by purchaser subject to credit approval by a financing institution, and in the event of a credit report unacceptable to the financing institution, the purchaser will return the equipment herein described immediately to United Equipment Sales, Inc.
2. Public Liability Insurance coverage is not provided in this transaction and the buyer understands he is not protected from liability for claims for bodily injury, death or property damage which may arise as a result of his ownership or operation of the equipment purchased hereunder.
3. Any order to add or remove optional equipment to or from the equipment purchased hereunder, or perform repairs thereon, shall not extend the time for performance of this agreement and/or the contract attached thereto.
4. United Equipment Sales, Inc. hereby warrants title to the above described equipment Buyer agrees to allow seller sufficient time to clear title to said equipment and to apply to the said governmental agency for insurance of said certificate of title; seller assumes no responsibility to buyer for, nor shall seller be in default hereunder, nor shall this agreement or any conditional sales contract for the sale of said certificate of title by buyer, occasioned by the fault, delay, or negligence of any person or agency other than seller.
5. Buyer is responsible to insure said equipment for physical loss resulting from collision and theft, unless insurance is purchased from seller and specifically noted on the face of this order.
6. If down payment has not been completed at the time of delivery of the equipment, the terms of the “Receipt of Conditional Delivery of Equipment” attached hereto are incorporated and made hereof. 7. Manufacturer’s new equipment warranty is a separate written instrument. No other warranties, express, implied, oral or written are binding upon the Seller.
8. Purchaser acknowledges that no representation has been made as to the accuracy of the mileage or hours or the origin of this equipment by any employee or agents United Equipment Sales, Inc.
9. The equipment is purchased as is and with all faults. Except as provided in paragraph 7, no warranties are made relating to the equipment. Seller specifically DISCLAIMS ANY IMPLIED WARRANTY OR MERCHANTABILITY, AND DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
10. We shall in no event be liable for consequential damages or contingent liabilities arising out of the use of or the failure of the machine or parts to operate properly.
11. Time is of the essence of the Agreement. Should purchaser breach any term of this Agreement, purchaser agrees to pay all costs of collection and enforcement of this Agreement incurred by Seller, including attorneys fees regardless of whether or not suit is filed, and whether at trial or on appeal. In any judgment, Seller shall be entitled to recover its anticipated future collection costs in post-judgment proceedings.
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