Laserfiche WebLink
6/29/2017 Page 4 of 5 <br />QUOTE: R0013173182 <br /> <br />Equipment Price: $83,825.89 <br />Freight: $5,400.76 Code: 2236 <br />Installation: $3,500.00 <br />Products by Other: $15,375.00 <br />SubTotal: $108,101.65 <br />Grand Total: $108,101.65 <br /> <br /> <br /> <br /> <br />This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company <br />(“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from <br />Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales <br />Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to <br />Customer (with copy to Sales Representative) via fax or email. <br /> <br />THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by <br />Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the <br />Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by <br />Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, <br />Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due <br />invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, <br />license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of <br />Miracle Recreation Equipment Company. <br /> Quote Number: R0013173182 Quote Date: 6/29/2017 Equipment: $123,799.00 Grand Total: $108,101.65 <br />CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE <br />AND SUBJECT TO FINAL APPROVAL BY MIRACLE. <br /> Submitted By Printed Name and Title Date <br />THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT <br />By: Date: <br />ADDITIONAL TERMS & CONDITIONS OF SALE <br /> 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate <br />safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety <br />Commission Handbook for Public Playground Safety. <br /> 2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the <br />terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all <br />remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. <br />Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment <br />or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All <br />remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer <br />shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under <br />law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent <br />in such month and is not received by Miracle within ten (10) days after the date on which due. <br /> 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD <br />WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY <br />DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR <br />INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL <br />CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO <br />MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN <br />APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES <br />INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC <br />PLAYGROUND SAFETY. <br /> 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached <br />under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to <br />any location not specified in this Quote.