ASV 2075-811

4

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ASV

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To return extra, incorrect, or damaged parts call Bruggink's Inc (920)-627-6057. or visit our location to begin your parts return. Without the approval of Bruggink's Inc., there are no returns. For shipments of returned parts, parts must be prepaid to the Bruggink's facility where originally purchased. If specific parts have an asterisk (*) or otherwise have been noted non-returnable by the manufacturer, these parts have been declared non-returnable and are not acceptable for credit. For example electrical products are not refundable. Parts that have a value of $40 or less are not refund able. Hydraulics pumps, hoses, etc. Must be capped to be returnable. Non-stock or special order parts may not be returnable. Also damaged, used, or altered, or parts that where installed are not returnable. Parts not in sell able condition are not returnable. Returnable parts must be returned within 8 days from date of invoice and be in new salable condition, accompanied by an invoice, packing list, or document number. Large surplus returns must be pre-approved by the Branch Parts Manager. Credit will be on a negotiated basis, but costs related to shipping and handling on initial order will not be credited. There will be a 15% restocking fee for error in parts order or a cancelation in parts order. It is REQUIRED that parts returned for warranty consideration include a model and serial number, hours or miles, an invoice number for the item and a brief explanation of the failure. Bruggink's Inc. will strive to process returns within 4 business days after receiving the part.

Seller warrants that the goods supplied hereunder will conform to the description herein stated; That it will convey good title thereto, free oh all liens. Seller makes no other warranty of any kind whatever, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose. Both parties acknowledge that there are no oral or written promises, terms, conditions, representations, or warranties expressed or implied, concerning these goods, other than those contained herein in writing. 1.DELIVERY, CLAIMS AND DELAYS. Delivery of products to a carrier at Seller's premises or other loading point shall constitute delivery to purchaser; and regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by purchaser. Seller reserves the right to make delivery in installments, unless otherwise expressly stipulated herein, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of nay installments shall not relieve purchaser of his obligations to accept any other deliveries. 2.PAYMENT. Products are sold f.o.b. Sheboygan unless otherwise stated. Invoices are due and payable within 10 days of date invoice ( "due date") unless otherwise expressly indicated on the reverse side, and a late payment charge of one and one half percent (1 1/2%) per month will be added to any invoiced amounts unpaid when due. Invoices may be submitted as partial shipments are made. If during the period of the contract the financial condition of the purchaser does not justify the terms of payment specified, Seller may demand full or partial payment in advance before proceeding with the contract. If shipment is delayed beyond the scheduled date by the purchaser, payment shall be due in full when Seller is prepared to make the shipment. If purchaser defaults in any payment when due, then the whole contract price shall immediately become due and payable upon demand, or Seller, at its option without prejudice to other lawful remedies, may defer delivery or cancel this contract. 3. LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES: The liability of the Seller with respect to any contract, or anything done in connection therewith such as the performance or breach thereof or from the manufacture, sale, delivery, resale, installation or use of any equipment covered by or furnished under this contract whether in contract, in tort, under any warranty or otherwise, shall not, except as expressly provided herein, exceed the price of the equipment or part which such liability is based. Seller shall not be liable for any consequential, incidental, or contingent damage whatsoever. 4. REPOSSESSION: Purchaser expressly waives any right to a hearing, judicial or otherwise, prior to repossession of the products, and to voluntarily relinquish possession of such products at the request of the Seller, in the event of default in payment of the purchase price or any installment thereof under this agreement, not withstanding any claims purchaser may have against Seller with respect to such products or for any other cause. 5. In the event that the contract provides for a credit to be given to purchaser for any machinery or product traded in, then the purchaser warrants and represents to the Seller that such equipment is titled to the purchaser and is free and clear of any and all liens and/or encumbrances. 6. Purchaser hereby grants to Seller a security interest in the equipment which is the subject of this contract and all accessories to spares and repair parts, special tools, equipment, and replacements for, and all proceeds of the foregoing, and further agreement. This security agreement will be terminated when all equipment bought by the purchaser from Seller is paid for in full. 7. LOSS AND INSURANCE: In the event that this sales contract provides for financing or for periodic payments thereof, or for any other payment schedule, then the purchaser agrees to pay BI for all loss and damage to said equipment occasioned by fire, theft, flood, accident, explosion, wreck, act of God, or other causes that may occur during the life of this sales contract until said equipment is fully paid. The purchaser shall maintain comprehensive physical damage coverage to insure against all risk of physical loss, including, but not limited to, fire and theft. The insured limits shall be for actual cash value. The purchaser will provide BI with a loss payable clause or certificate of insurance naming BI as an additional insured. The insurance policy shall provide for ten days written notice to BI or its assigns of the cancellation or material modification of said insurance policy. The purchaser further agrees to indemnify and hold BI harmless against all loss, damage, expense and penalty arising from any character whatsoever occasioned by the operation, handling or transportation of any of the above listed equipment during this period and while said equipment is in the possession or under the custody and control of the purchaser. For this purpose, purchaser agrees to provide and maintain a general liability insurance policy in the amount of not less than $500,000, with BI as a named insured, in insurance policy provided by this paragraph shall also provide for a ten day written notice to BI or it assigns of cancellation or material modification thereof. 8. Buyer acknowledges that he or his employees are familiar with the operation and maintenance of the equipment purchased and Seller has no obligation to train the buyer or any of its employees with respect to the operation and maintenance of said equipment. 9.DEFAULT: If purchaser shall be in default under any provision or term of this contract, the entire outstanding purchase price shall become immediately due and payable. In the event legal action becomes necessary to enforce any provision of this contract, purchaser agrees to reimburse Seller for all costs of collections or enforcement, including reasonable attorney fees.