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<br />CUSTOMER AGREEMENT
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<br />THIS IS Sl.)BJECT TO THE FOllOWING TERMS AND CONDITIONS:
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<br />1. This arder shall nat be binding an TBS, Inc. (TBS) until approved at TBS hame affice.
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<br />2. Delivery af gaads an camman carrier ar licensed trucker shall canstitute delivery to' Buyer, and
<br />all risk af lass ar damage in transit.shall be barne by Buyer. All shipments are f,a.b. aur ware-
<br />hause, except far machines. '
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<br />3. TBS reserves the right to' make delivery in installments. Such installments shall be separately\
<br />invaiced and paid far when due, withaut regard to' subsequent deliveries. Delay in delifery of : ".
<br />any installment shall not relieve Buyer af its-abligatian to. accept-remaining installmefits'.
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<br />4. TBS reserves the right at any time to' revake any crechl,extended to'-Buyer ~callSe at'BliYQ"s':.'
<br />failure to' pay far any goads when due ar any ather reasan deemed gaad and sufficient by TBS..
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<br />5. TBS shall nat be liable far failure to' deliver. or,delays in dettvery accasioned by ca14ses~
<br />beyand TBS cantral, including withaut limitatian strikes, lackau~~, fires.~mbargaes, war ar ,
<br />ather autbreak af hastilities, inability to' abtain materials or shipping space, machinery break- '
<br />dawns, delays af carrier or suppliers; gavernmental acts and regula~ialJ~ ot~erca':lses beyand
<br />TBS cantral and receipt of arders fram all sources in excess af TBS then scheduled
<br />productian capacity.
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<br />6. This arder shall nat be cancelable by the Buyer for delays in delivery ar ather cause until ten
<br />days after written natice af such intentian have been actually received by T5S during ,such peri-
<br />od. ,
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<br />7. TBS warrants that the gaads cavered by this order when delivered to Buyer will be af
<br />me.rchantable quality and free fram defects in warkmanship and material far a period of 90 days
<br />framthe dateaf delivery of TBS under ordinary use and canditions. TBS's abligatian
<br />hereunder is expressly limited to the repair ar ~piacement (at TBS electian) of such defective
<br />parts as cire returned to' TBS at its hame office or such ether place as designated by TBS.
<br />freight prepaid, within the warranty period and which am proved to be defective upen inspec-
<br />tian by TBS. If nat repaired ar replaced by TBS, 1'85 liability shall be limited to' the stated sell-
<br />ing price of such returned parts which are defective. Other repairs not under warranty will be
<br />at such cast as TBS from time to time generally will establish. In no event shall TBS be liable
<br />far resulting ar consequential damages occasloned by any breech of warranty. THERE ARE
<br />NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESC'RIPTION ON THE FACE HERE-
<br />OF. All OTHER WARRANTIES, EXPRESS OR IMPLIED, ~\RE EXCLUDED.
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<br />8. All claims for gaods or delay in delivery shall be deemed waived unless made in writing deliv-
<br />ered to TBS within ten days after receipt af goods by Buyer.
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<br />9. AU equipment shall remain the praperty af TBS until final payment is made, with the exception
<br />of lease sale. !n the everct it becomes r:ecessary, at TBS's sole discretion, to repossess the
<br />equipment listed within this agreement. Custamer autharizes TBS to' recaver the equipment by
<br />any peaceful means without further legal action.
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<br />10. Delinquent balances are subject to' late charges af 1'/2% per month. Custamer is respansible far
<br />, _. '.' '. '", . \aq,r~tatp.dco!lectian costs including reasonable attorney fees on unpaid balances.
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<br />11. If maintenance is part of this cantract, TBS's applicable "Maintenance Agreement" must be exe-
<br />cuted along with this arder. The a~Jreeme.\t ~:iiI rene...." automatically tor successive annuci
<br />. terms if -T,as is not notified 30 days in advance of the anniversary date, In no case will the
<br />./1 Je~.ll:","'l'e'" .-oj...........:.,,; 100; . - ; ~., ,.,.. "1-- ~;,-- ~ ,,~ . .,.,' ';,;~- ~"l -"";~'''~''- ., ""II' --
<br />'. "n...~ ^"~"Q % priCe .n..fcuse 0.. <;. . Ie p".... tear. .n .......0"".1", .... .........CHan..e .... uli!:f"
<br />... will be subject to a $1.00 per machine/billing administration fee.
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<br />12. This contract constiiutes the entire agreement belween tile p,uij,JS and may rwi ue modified-ar
<br />terminated except in writing signed by an otficer of TBS.
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<br />13.ln the event the equipment is not paid for and thert;kre picked up there will be a $.05 per copy
<br />usage charge and a reasonable pick up charge. '. . f ~
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<br />14. Terms ar aral pramises nat contained in the ~ritten agreement W.i,1I ~t ,~al,'lenfat' ~~.
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