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<br />8. All claims for goods or delay in delivery shall be deemed waived unless made in writing deliv-
<br />ered to TBS within ten days after receipt of goods by Buyer. f', I
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<br />9. All equipment shall remain the property of TBS until final payment is made, with the exception \ \~ \J
<br />of lei!:..e sale. In the event it becomes necessary, at TBS's sole dIscretion, to repos ess th~f'\\
<br />equipment listed within this agreement, Customer authorizes TBS to recove _e::P'lui ment'b~' '"\ .'
<br />any peaceful means without further legal action. " > - '.. 1 ~' I II
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<br />10. Delinquent balances are subject to late charges of 1 "2% per month. Customer is respo sible for
<br />" '~_.:' .\';.~ "f!'~!,!.'~t~tionJ"iosts including reasonable attorney fees on unpaid balances.
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<br />.7.",...~~~!'t~ft:1t;;~~~~ce i~rt of this contract, TBS's applicable "Maintenance Agreement" must be exe-
<br />cuted along with this order. The agreement will renew automatically for successive annual
<br />, ..terms if TBS is 110t notified 30 days in advance of the annivusarv date In no case will the
<br />, .,~, .t. . ".en,.(..~......lc'e'<e..J :..-f....' pr,' ~- ;n~--'~s~ c',le- the prl'O. "'ear 'l' --,...,.., ~'~ "'I m-l'~'e"an'~e "'~I'''n'g::'
<br />.. I ~vlW c:"A CJ. Q: V'"fO ~(; u "",(;C& ~ ". ,t I Y . , , "'~~!,IVJi, QJ au laL II..... ...... n .:>>
<br />will be subject to a $1.00 per machine/billing administration fee. "
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<br />CUSTOMER AGREEMENT
<br />THIS IS SUBJ.ECT TO THE FOLLOWING TERMS AND CONDITIONS:
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<br />1. This order shall not be binding on TBS, Inc. (TBS) until approved at TBS home office. '
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<br />2. Delivery of goods on common carrier or licensed trucker shall cons~itute delivery to Buyer,and
<br />aUrisk of loss or damage in transit shall be borne by Buyer,. All sh.pments are f.o.b. our ware-
<br />house, except for machine$.
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<br />3. TBS reserves the right to make delivery in installments. Such installments shall be separately
<br />invoiced and paid for when due, without regard to subsequent del,iveries. Delay in delivery of
<br />any installment shall not relieve Buyer of its obligation .to accept remaining installments.
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<br />4. . rpS r~serves th"ri9ht~~any tiftif' to t:eyoke any credit exten~edto' l3~yer ~.~,otB""",.
<br />failure to pay for any gooCls when.due or any other i'eas6n deeitleCl good and'sufficTent byTBS~'.
<br />
<br />5., TBS shall not,be.liaple for..failure to. d~liver or. ~lay.~Jn ~eliv.ry occas.ion.gsl ~y ci~u..~,-.~"
<br />beyond TBS control, including without limitation strikes, lockouts. fires"embargoes, war or
<br />other outbreak of hostitities,inabHity to'obtain materials or shipping space, machinery break-'
<br />downs, delays of carrier or suppliers; governmental.acts and regulations, other ceuses beyond
<br />tas control and receipt 0'- orders from' all sources In excess bf TBS lhenscheduled ....
<br />production capacity.
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<br />6. This order shall not be cancelable by tile Buyer for delays in delivery or other cause until ten
<br />days after written notice of such intention have be~n actually received byTBS during such peri- .
<br />od.
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<br />7. TBS warrants that the g()ods covered by this order when deliv.ered to Buye.r will be of
<br />merchantable quality and free.from defects in workmanship and material for a period of 90 days
<br />frorn 'tlie . date . of delivery, of . 'rBS un~erC!rdi!,.a,ry.. use and conditions. TBSts obligation
<br />
<br />:::,~:e~::':~:~rvi~lml=~(':1J::;:r'o;:~~c~~o~~~;~~a~~~~o~~~~~~~:d d~~e~~~
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<br />freight prepaid, within th warrantY periOd, arid which are proved to be defective upon inspec-
<br />tion by TBS. If not repaired or replaced by TBS, TBS liability shall be Il'mited to the stated sell-
<br />ing price of such returned parts which are defective. Other repairs not under warranty will be
<br />at such cost as TBS from time to time generally will establish. In no event shall TBS be liable
<br />for resulting or consequential damages occasioned by any breech of warranty. THERE ARE
<br />NO OTHER WARRANTIES WHtCH EXTEND BEYOND Ttii:DJ;~~FJl9tt.O~~~Jl~.~'1:--
<br />OF. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE E~ttfjtO: .c " . {"." ...
<br />
<br />12. Tilis contract constitutes the t'niir~ agre~ment beiween the parties and may not be modified or
<br />terminated except in writing signed by an officer of TBS.
<br />
<br />13.ln the event the equipment is not paid for ami therefore picketi up the~ will be 8'$.05 pef,cbpy
<br />usage charge and a reasonable pick up charge _,.' ~ <' ..
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<br />14. Terms or oral promises not contained in the written agreement wilt not be legally enforced.
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