STATEMENT OF LIMITED WARRANTY (Cont.)
HAULING:If hauling or shipping charges are included or quoted, such quotation is F.O.B. cars or trucks. Unless otherwise specified, Purchaser is to receive and unload any material on trucks, which cannot be unloaded at site by Driver. If changes in shipping rate are made before shipment, contract price will be adjusted accordingly.
TITLE:
Title to and ownership of said property shall remain vested in SuperSafe™ until the entire purchase price herein provided for shall have been paid in full in cash; in case of failure or refusal to make payments when due, then and in any such event, the whole of the unpaid portion of the purchase price shall, at SuperSafe™'s option become immediately due and payable.
INSTALLATION:
If installation is quoted, it is assumed, unless otherwise specified, that normal conditions will be encountered, and that any delays, obstructions, etc., caused by the Purchaser or his agents, or by unusual and unanticipated conditions at the site, such extra expense thereby caused shall be for Purchaser's account. If any excavation, water, quicksand, rock, extremely rough fill, etc., is encountered, price shall be adjusted accordingly to cover extra expense necessary to complete installation. SuperSafe™ shall not be held liable for breaking, destroying, or otherwise mutilating underground installations such as sewers, water or steam lines, electric or telephone cables, etc., unless such obstructions have been accurately located and marked and the locations given to SuperSafe™ by the Purchaser. Purchaser shall indemnify and hold SuperSafe™ harmless from all liability for any damage to underground installations or obstructions caused by SuperSafe™ or its agents or contractors whether due in whole or in part to negligence of SuperSafe™, where the same have not been located and marked for SuperSafe™.
TAXES:
Contract price is subject to increase by amount of any Sales, Use, or Excise Tax or other similar tax, however designated, levied or charged, either by Federal, State, City or other governmental agency, unless such tax is specifically included in quotation.
PRICE ADJUSTMENTS:
Price or prices quoted herein are based on present material, shop and freight costs. In the event of a change, before completion, in aforementioned factors SuperSafe™ reserves the right to adjust the selling price to directly reflect such changes.
UNCOLLECTED FUNDS:
Monies not received per the terms of the contract shall accrue interest charges prorated daily at a rate of 1.50% per month plus collection costs and reasonable attorneys fees.
UNASSEMBLED MATERIAL:
Material or equipment on which SuperSafe™ is not to perform the work of assembly or installation with existing material or material furnished by others, is sold subject to inspection and acceptance by Purchaser before material leaves SuperSafe™'s plant. Claims incidental to assemble by others cannot be honored.
WORKMANSHIP AND INSPECTION:
Unless otherwise specified herein, all material shall be furnished subject to the common manufacturing tolerances and variations of SuperSafe™. Material furnished shall be subject to SuperSafe™'s standard inspection, at place of manufacture. If inspection by the Purchaser is required and provided for, such inspection with consequent approval or rejection shall be made before shipment.
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