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HomeMy WebLinkAbout218820 04/09/2013 CITY OF CARMEL, INDIANA VENDOR: 355650 Page 1 of 1 ONE CIVIC SQUARE DITCH WITCH MIDWEST r' CARMEL, INDIANA 46032 1550 W NORTHFIELD DRIVE CHECK AMOUNT: $3,098.00 BROWNSBURG IN 46112 CHECK NUMBER: 218820 CHECK DATE: 4/9/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4467099 3 , 098 . 00 OTHER EQUIPMENT SALES -Z;"da^.5— Ditch Witch" Midwest . CUSTOMER E, �� o� .��/ ❑124,N.Schmale Road,Carol Stream,IL 60188 (630)665-5600 .Fax:(630)665-6484 ADDRESS S T �J=4550 W:Northfield Drive,Brownsburg,IN 46112 (317)852-9400 Fax:(317)852-9600 ❑4418 Merchant Road,Fort Wayne,IN 46818 (260)484-0667 Fax:(260)484-7257 CITY COUNTY U 2400 Tower Drive,Kaukauna,WI 54130 (920)766-2300 Fax:(920)766-2400 O 1305 Sentry Drive,Waukesha,WI 53186 (262)547-7737 Fax:(262)547-6429 STATE. /ZIP- PHONE , '� .a.J �c�G��` ` I hereby order from you,subject to all.vterms,conditions and agreements contained herein and on the reverse side hereof,the following new/used goods,equipment and machinery: QTY. DESCRIPTION(SHOW ALL SERIAL NUMBERS) CASH SALES PRICE -T� W,7-"l 30'Y8 420 - F eeC'g,I L . 7 6 -.2,9 2- Q N 1v6 A us.'Id s�.a .A-/ -Z& X33 7..7- CJs^cpU.t1O S7-ARJ_ %Co., 7— 6 8r-A�S All 2F- v/,eso 9,,s a e�8 s .r.�o tilRtiaac f TRADE-IN SETTLEMENT $ 1.CASH SALE PRICE __?©98 go LESS TRADE-IN ALLOWANCE /!I CASH DIFFERENCE ©�j ' dW ADD SALES OR USE TAX �\ CASH DELIVERED PRICE $ 2. DOWN PAYMENT $ ALLOWANCE $ 3. UNPAID CASH BALANCE(ITEM 1 LESS ITEM 2) $ SCHEDULE OF INSTALLMENTS 4. OTHER CHARGES $ ON 20 5. PRINCIPAL BALANCE(TOTAL TO BE FINANCED) $ o ON 20 6. FINANCE CHARGE $ ON 20 7. TIME BALANCE(TOTAL OF ITEMS 5 AND 6) $ \ ON 20 \ BILL OF SALE FOR PROPERTY TAKEN IN TRADE ON 20 For value received,I/we hereby bargain and sell,grant and deliver unto \ON 20 Ditch Witch Midwest O�1 20 _ ON\ / 20 ON N / 20 ON 20 /I OTAL \ I/we hereby certify that there is no lien, lajm-debt,mortgage or encumbrance of any kind,nature or description against this property existing,of record or otherwise,and that same is free and After maturity each installment o the note or contract described'a4ve shall draw interest clear and is my/our sole and ab olute property.. at the rate of /percent per annum.At the request of the Company,Customer Firm Name agrees to exec to a chattel mortgage covering the equipment ordered hereunder to secure Signed Title payment of said note or contract. The undersigned constitutes dealer as his attorney-in-fact to execute reassignment of-any and all documents in connection with certificates of title issued,or lobe used by Secretary of State on the used equipment traded in,in the same manner as the undersigned might himself do. Trade Title Received. Note:This order is subject to the written acceptatance of the dealer to which it is addressed,and. NOTICE TO CUSTOMER:See that all necessary blank spaces are filled before signing this order. is subject to written acceptance by one of its Managers,or Sales Managers.Customer's deposit will be returned if not accepted. I agree that this order,including the terms and conditions set forth on the reverse hereof,which 1 have ACCEPTED: DATE read and to.which I agree,constitutes the entire agreement"relating to sale of said property,and that I have received a true copy of this order and of the new equipment manufacturer's printed warranty. SALESMA --'" DATE CUSTO E� DATE CERTIFICATION OF DELIVERY I hereby certify that I have today taken delivery of the goods,equipment and machinery described above from ompany named bove. Date: 3 _ 2`' ,20 1 3 Signed Title t� Printed TERMS AND CONDFITONS 1. PRICE. The cash selling price quoted herein will be subject to adjustment to Company s demand,Customer shall,at its own cost and expense,honor its indemnification duties conform to Ditch Witch Nlidwest, Rentals Plus, and/or any of their affiliates, subsidiaries, to Company using counsel of Company's choosing. divisions,related or parent companies'regular cash selling price of the goods,equipment,and machinery'(hereinafter referred to as"Goods)covered by this order in effect at the time of 8. SHIPPING. Company's responsibility for shipments ceases upon delivery to delivery. if the price adjustment results in ari increase in price the Customer shall have the option transportation company,and any claims for shortages,delays or damages occurring thereafter of accepting deliver%'at the increased price or canceling this order by giving written notice of such shall be made by the Customer direct to the transportation company. Any claims against cancellation to the Company prior to delicen and within five(5)days after notice of such price Company for shortages in shipments must be made within fifteen (15)days after delivery of increase is given to the Customer. If the price of the property covered by this order is increased shipment to Customer. as provided above and the Customer does not exercise the option to cancel this order,a new order shall be written to reflect such price increase and shall supersede this(,trier. 9 DISCLAIMER OF WARRANTIES. Customer has,before entering into this contract, fully examined the G(mids,sample or model:vs fully as he desires or has refused to examine the ?. DEFAULT. In the event Costumer fails to comph.with any terns of this.agreement, same. It is understood bcmecn the parties that Company is not the manufacturer of the Goods dies or becomes insolvent,or if any other act or event occurs by reason of which Company nor the manufacturer's agent and that ALL GOODS ARE SOLD AS IS AND WITH ALL reasonably deems itself insecure,Customer shall he deemed to be in default of this Agreement. FAULTS SUCH THAT THERE ARE NO WARRANTIES GIVEN BY COMPANY, Cpun default and without demand or notice:.(a):dl amounts owing by Customer under this EXPRESS OR IMPLIED,FOR: (i)MERCHANTABILITY;(ii)FITNESS FOR ANY Agreement shall become immediateh due and payable; (b) Cunpa iy's obligations under thus PARTICULAR PURPOSE; (iii) AM EXISTING OR SUBSEQUENTLY Agreement shall terminate;and(c)Customer is obligated u+pay interest at'thc tire of one-half DISCOVERED PATENT OR LATENT DEFECTS IN THE GOODS OR THE perecnt(1.5"!,)per month(18 percent per annum)ut at the maximum talc permitted by the lays MATERIALS,WORKMANSHIP OR CAPACITY OF THE GOODS OR ANY REPAIRS of the Customer's principal place of business pf less than I8 per annum) Cllowing the date MADE THEREON; or (iv) THAT THE GOODS WILL MEET THE payment was due as described above and shall Conan is to accnac interest of one and one-half REQUIREMENTS OF ANY SPECIFIC USE, PURPOSE, LAWS, RULES, percent(1.5",O per month until paid in full and shall hu her pin,upon demand,atl of Conpany's SPECIFICATIONS OR CONTRACTS WHICH PROVIDE FOR SPECIFIC costs and expenses resulting from such default,including reasonable:utornec'.fees,whether or _ MACHINERY,APPARATUS OR SPECIAL METHODS. in lieu of anv other warranties, not litigation ensues. either express(ir implied,Company agrees to make available to Customer any existing warranties or product,liability coverage Company mac have received-from the manufacturer of the Goods OWNERSHIP. Company shall retain the ownership of and title to ail Goods eoyered \,-)itch i>then in f.irec and etftct. Cumpam shall not be liable for any consequential or punimc b, zlits order Until Customer has fully paid for same Ill cash.tn(1 until all nutcs,orcht rs or warrants damages arising either durecde or indirectly from Customer's use of the Goods. For all sales,it is gay co in cy idence of indebtedness for said items,and:i n renewals thereof,have been fidh paid in Understood and agreed that Company is disclaiming any and all implied warranties and that there cash. If arty note,order or warrant given in evidence ut mdebtednes,hereof shall not be paid in arc no warrantics which extend bcvond the description on the face hereof hill at its maturity,all other notes,orders or w'artants given in evidence of indebtedness hereof shall at once become chic without notice or dan:nd and the said Company shall have the right n, 10. TAXES. Prices do not include sales,use,excise or similar taxes or duties. Customer take possession of said Goods u-heresoecer it may be situated. shall pay to Company the amount of any and all taxes,excises or other charges which Company n ow ny be required n or hereafter to pay to,or to collect liar,any government(national,state or 4. NIANUFACTURER'S WARRANTY. New (hums are purchased subject to local)upon or mca.urcd by,the production,sales,transportation,delays,possession or use of the manufacturer's printed warrant'. Used or second-hand equipment mcludcd in this order is sold Goods hereunder. without any warrant'whatsoever,express ur implied(except that the Company warrants title), untess said w'arrann is act forth in full in the space next following and is initialed bvboth the H. CANCELLATION. Orders may not be canceled, reduced, changed or sustxroded parties hereto. without Company's written consent and payment of Company's reasonable cancellation charges. I'_. Eti'Tn'Y. Customer understands and acknrnyledges that Ditch V itch\Iidwest is an assumed name of Ditch Witch of Illinois, Inc.,an Illinois Corporation. Rentals Plus is :rn assumed name of Progressive basing Company an Illinois corporation. .. INSPECTION. Customer represents and acknowledges that lie/slit has inspected the 13. GOVERNING LAWS AND VENUE. This Aacement shall for ail purposes be Goods sold hereunder,finds the same to be in a satisfaeron condition,properly operaring and fit governed be and interpreted in accordance with the laws of the State of Illinois. Customer for the use intended by the Customer. consents it)the personal jurisdiction of any Federal Court in the Northern District of Illinois or any State Court located in DuPage Count,Illinois,wirh respect to any legal action commenced G. ORDERS. This order when accepted by Cumpam shall become a binding contract hereunder and eta day fullest extent allowed by law,Customer hereby waives any objection to the but shall be subject to strikes,lockouts,accidents,tire,d lays in manufacture or trinspurtarion, venue of such Courts or the convenience of said forums.Customer agrees that service of process acts of God,embargoes,or governmental action or any oil cr causes brcnnd the a>nvul of tic by certified mail,return receipt requested,shall be deemed the equivalent of personal service in Cumpam whether the same as,or different from,the ma.tcrs and things hercinbefore speeificafly any such action. Nothing contained herein is intended to preclude Company from commencing enumerated,and any of said causes shall absulwck-absuh c the Compam from any liability to the am-action hereunder in am'court having jurisdiction,including the-State and County of the Customer under the terns hereof.The parties agree that this is the entire agreement and.that no Compan'c office which processed the initial sale of Goods.To the extent permitted by law, Oral representation or agreement has been.made which would modihv this Agreement or beta Customer waivers its nght[o trial by jut in any action commenced hereunder. condition precedent or subsequent to the enforcement of this Agreement and that this Agreement mac not be modified except by a writing signed by each of the parties. COMPANY ShIAI,1. 14. :-t.SURVIVAL CLAUSE. if any of the terms and conditions of the Agreement shall-for NOT BF LIABLE FOR ANY SPECIAL.., INDIRECT, INCIDENTAL:. t)R any reason be dcemed.invalid, such provision shall not affect the validity of the remaining CONS}:Ql'L'N''PL\L.D,\\L1GES, provisions of this agreement,which shall survive in full force anti effect. INDEMNIFICATION. Costomcr*shall, and hereby agrees a,, indemnify and hold 15. CONFESSION OF IUDGEMENT. To secure payment hercot,Customer irrevocably harmless Compinv,its ufticers,employees,agents or assigns trom and against any and all,and all' appoints any atrigmey of any court of record to appear for it in such tour{in term time or manner of, claims, loss, damage, liabilin, causes of action or suits, all attorneys' tics, costs, vacation after default in payment hereof and confess a judgmhent without process in favor of the damages,judgments,awards,or am•and all other expenses or liabiliiics_of arc kind or nature,n I holder hereof for such amount as may then appear unpaid hereon, together with.costs and account of injun w or death of persons employed by the Customer or Customer's reasonable attorneys'fees and to waive and release all errors which may intervene in am Stich subcontractors,agents or cmployces(including any claim for loss of consortium or the like);tun proceeding and consents to an immediate execution upon such judgmcnr-hereby ratifying even• claims or actions at law alleging injun as or death of any person; or injury to, damage.(it act of such attomev hereunder. .. ' destruction of property,real or personal,including loss of•use thereof. Immediately upon -