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Terms & Conditions
This is a contract for the sale of various items of goods, wares, equipment, merchandise (“personal property”) and/or services which are listed and/or described in this Contract. The terms and conditions of this Contract are as follows:
- Promise To Pay: Buyer agrees to pay the stated prices for the personal property and/or services described in this instrument.
- Place For Payment: All sums due and owing to Seller shall be paid to Seller at its offices in Dallas County, Texas.
- Payment Terms: The purchase price for the personal property and/or services described herein shall be paid on or before delivery by Seller. In the event that Seller elects to complete delivery without payment in full then Buyer agrees that all amounts remaining to be paid from time to time shall bear interest at the rate of Eighteen percent (18%) per annum until paid and which sum Buyer agrees to pay to Seller.
- Inspection of Goods: Buyer will have the right to visually inspect all items at the time tender of delivery is made at the place for delivery specified above; but not later. At such time Buyer may reject any specific item which does not conform to the description set forth herein or which is damaged.
FAILURE TO INSPECT AT THE TIME DELIVERY IS TENDERED SHALL CONSTITUTE A WAIVER OF BUYER’S RIGHT OF INSPECTION AND ALL ITEMS DELIVERED SHALL BE CONSIDERED AS ACCEPTED SUBJECT TO THE EXPRESS WARRANTIES MENTIONED OR PROVIDED HEREIN.
If any item is rightfully rejected then delivery will not be completed as to the specific item or items rejected and within a reasonable time thereafter Seller will tender delivery of a conforming replacement. If Seller is unable or fails to deliver an acceptable replacement within a reasonable time then such failure shall not be the basis of a claim for breach or repudiation of the whole of this Contract by Seller, unless such item or items constitute the bulk of the personal property described herein or unless the remaining items will not function properly without a conforming replacement.
- Warranties By Seller: (A) If the property described herein is new then all warranties of the manufacturer are hereby assigned unto Buyer and the warranties are limited to whose of the manufacturer. (B) If the property described herein is used then Seller warrants 30 days parts and labor & to be in good working order at the time of deliver; otherwise same is sold and accepted “AS IS”.
DISCLAIMER OF IMPLIED WARRANTIES
THERE ARE NO WARRANTIES WITH RESPECT TO PERSONAL PROPERTY OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE AND SELLER DISCLAIMS ANY IMPLIED WARRANTIES.
- Security Interest Granted: In the event the purchase price for personal property and/or services is not paid in full on or before delivery or should any check be returned or dishonored for any reason then Buyer grants unto Seller and there is reserved unto Seller a security interest in all of the personal property described herein and all proceeds thereof to secure payment of amounts owing to Seller, including but not limited to principal, interest, attorney’s fees and costs of suit.
- Remedies and Liabilities: It is the intent of the parties that the remedies provided in this Contract are the sole remedies available to the parties and not cumulative of those provided by law.
In the event of a breach (other than a breach of warranty) or repudiation of this Contract by Seller, Buyer shall be entitled to cancel this Contract and return conforming goods previously delivered and shall be repaid any amounts paid by Buyer. In the case of a breach of warranty Buyer shall be entitled to recover actual damages. In the event it is necessary for Buyer to file a suit to enforce these rights then Buyer shall be entitled to recover reasonable attorney’s fees and costs of court. Buyer shall not be entitled to recover any consequential damages.
In the event Buyer wrongfully rejects or revokes acceptance of the property described herein or fails to pay the amount due on or before delivery then with respect to any undelivered property Buyer shall be entitled to the remedies provided under V.T.C.A. Business and Commerce Code, Section 2.703. In the event Buyer fails to pay for any property or services after same have been delivered and/or rendered then Seller shall be entitled to recover principal amounts due plus interest, as provided herein, reasonable attorney’s fees and costs of court and Seller may foreclose and exercise its rights with respect to any security interest in the manner provided in the Texas Uniform Commercial Code.
BUYER HEREBY AGREES TO PURCHASE THE GOODS/SERVICES DESCRIBED HEREIN FOR THE PRICES STATED AND UPON THE TERMS AND CONDITIONS SET FORTH AND INCORPORATED HEREIN.
