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TAKE ADVANTAGE OF
UPS GROUND SHIPPING !!!
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relationships through knowledge, creativity, & integrity"
PDR Product Warranties
1.Maintenance;Warranties. Seller
warrants Equipment will be eligible to be placed under the Manufacturer's
Maintenance Agreement. Purchaser responsible for placing Equipment under such
coverage & will promptly notify Seller in writing for any dispute concerning the
Equipment's eligibility therefore, to afford Seller a reasonable opportunity to
assure such eligibility. PURCHASER MUST NOT OPERATE THE EQUIPMENT PRIOR TO
MANUFACTURER'S ACCEPTANCE FOR MAINTENANCE AGREEMENT. Should the Purchaser
operate the equipment, all cost associated with qualifying the equipment for
Mfg. maintenance agreement will be the responsibility of the Purchaser.
THE ABOVE WARRANTY IS IN LIEU OF ANY & ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR ANY
PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON SELLER'S
SKILL OR
JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE & THAT
THERE ARE NO WARRANTIES WHICH ARE NOT CONTAINED IN THIS AGREEMENT. SELLER SHALL
NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL INCIDENTAL OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE EQUIPMENT
OR ITS USE BY PURCHASER,& SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SELLER'S FAILURE TO
PERFORM ITS OBLIGATIONS HEREUNDER
2.Delivery & Risk of Loss; Included Items. Seller will de-install & prepare
Equipment for shipping, using suitable packing materials, & will deliver
Equipment to Seller's shipping dock, F.O.B. location shown on reverse. Purchaser
shall bear risk of loss or damage from the time of such delivery & shall
promptly pay for all transportation, rigging & packaging charges.
3.Title. Seller warrants that at time of delivery to Purchaser, Seller will be
lawful owner of Equipment, with full right, power & authority to sell Equipment
to purchaser, & that Equipment will be free & clear of all liens, claims &
encumbrances of any kind. Good & marketable title to Equipment shall vest in
Purchaser upon payment in full of the Purchase Price. Purchaser agrees it will
not sell, transfer, lease or otherwise part with possession of Equipment until
full payment of the Purchase Price is made.
4.Taxes.(Applies to sales outside of AZ & CA). There has not been added to the
Purchase Price an amount equal to any sales, use, or similar tax, however
designated. Responsibility for remitting all assessable taxes shall be born by
purchaser.
5.Default;Remedies. If Purchaser fails to accept delivery of the Equipment when
available, fails to pay all or any part of the Purchase Price when due, or
otherwise fails to perform any of its obligations hereunder, Seller may: (a)
terminate this agreement upon written notice to Purchaser (b) re-possess the
Equipment without notice or demand, & (c) pursue any other lawful remedy
(Including all fees incurred by Seller) If Seller fails to deliver Equipment in
a timely manner, or breaches any warranty or otherwise fails to perform any of
its obligations hereunder, Purchaser may (a) terminate this Agreement upon
written notice to Seller &(b) pursue any other lawful remedy.
6.Effective Date. This Agreement is subject to acceptance by PDR in Phoenix, AZ,
& shall only become effective on this date thereof.
7.Miscellaneous. This Agreement shall be governed by the laws of the State of
Arizona, and constitutes the entire agreement between the Purchaser and Seller
with respect to the purchase and sale of the equipment superseding any prior
purchase orders, offers or agreements
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