HomeMy WebLinkAbout950925.tiffSALES CONTRACT SECURITY AGREEMENT AND FINANCING STATEMENT
Seller:
WAGNER EQUIPMENT CO.
Street Address: 18000 Smith Road, Aurora, Colorado 80011-3514
Mail Address: P.O. Box 17620, Denver, Colorado 80217-9998 — Telephone: 303-739-3000
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Date 19
SUBJECT TO THE CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE A PART OF THIS AGREEMENT:
SELLER AGREES /��T0 SELLp �.+
AND Lam/-LPl6 1 &1fl OF /' /O a 5=t, �r1i'nfl Go- (J!e`SL
Name BUYER
Street Address
AGREES TO BUY THE PROPERTY DESCRIBEDAS FOLLOWS TO BE LOCATED AT
SHIP TO: ead�e�-m_tt / 224 -a L{
Name or Street Address 411/41 County— /1/1/44
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Requested Shipping Date
Shipping 8 Special Instructions
Quantity
COMPLETE DESCRIPTION OF EQUIPMENT U,
PRICE EACH V
PRICE TOTAL
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This equipment is to be used for
O Business Buyer is 0 Individual 0 Partnership
0 Farming 0 Incorporated in State of
Soc Sec No.
Fed I D No.
Unit -
Make.
Model: Serial No.
Attachments: Serial No.
Serial No..
TRADE-IN DESCRIPTION
N/A -
Total
Less Trade -In pi Any)
Plus Delivery Charge $
Sub -Total
Plus Sales Tax @ O 96 $
Plus Documentation Fee $
Plus Payoff on Trade-in
Less Cash Down Payment $ _
Total Unpaid Cash Balance Sale Price $ !fir' _ v..-!' 7/ `� 3 AO
$ 887, 3zcv
$
PLEASE READ — This order when duly signed is non -cancellable. The provisions on the reverse side are part of this Contract and should be read by Buyer. The respon-
sibility for claiming sales tax exemption shall be upon Buyer. This Contract shall not be valid unless accepted at the Executive Offices of Seller in Aurora, Colorado, by a duly
authorized officer of Seller.
TERMS: Buyer agrees to pay Seller at its place of business in Aurora,Colorado for the goods listed on this order at the prices shown above. Buyer requests the following
terms, subject to approval by Seller's credit depart ent:
Cash on Delivery 0 Cash on Invoices-. Cash with Order 0 Other ❑
BUYER'S REQUEST FOR INSTALLMENT TERMS: (Signed UCC-1 Required)
Buyer requests Seller extend credit to Buyer for the unpaid cash balance sale price payable as follows:
Payments of $ including finance charge for full term. First payment due 5th, 10th or 15th (circle one). In the event
Seller agrees to extend the requested credit, Buyer promises to execute a Note and Security Agreement containing the installment terms including interest as set out in
the Note and Security Agreement submitted to the Buyer by the Seller and execute one or more Financing Statements.Approval of this requested credit shall be indicated
by the Seller submitting to Buyer the installment Note and Security Agreement. CONTRACT INTEREST RATE TO BE 96 PER ANNUM.
WARRANTY EXTENDED BY SELLER ,SC,,1stz/7SerA nit, % tZtE /!7��c/u?cam
46 -New Machine Warranty ❑ Used Machine Warranty — Bonded Buy (/
❑ Value Assurance 0 Used Machine Warranty — Certified Buy
❑ Used Machine Warranty — 5 Star Bonded Buy ❑ Used Machine — Special Buy
0 NO WARRANTY, Express or Implied. "As is, Where is"
BILL OF SALE FOR USED MACHINE TRADED AS DESCRIBED ABOVE:
For value received I/we hereby bargain and sell, grantand deliver unto Wagner Equipment Co., Grantee, all my rights, title and interest in the used machine(s)
described above, offered in trade on goods purchased bythe undersigned. The undersigned covenants with said Granteethat undersigned lathe lawful owner
of said chattels; thattheyare free from all encumbrances, exceptas specifically stated below; that undersigned has a good rightto sell same; that undersigned
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950925
SALES CONTRACT, SECURITY AGREEMENT AND FINANCING STATEMENT
Terms and Conditions
1. Buyer and Seller agree that the execution, validity,
performance and enforceability of the terms of this Sales
Contract, Security Agreement and Financing Statement shall be
governed by Colorado Law, including but. not limited to Article
9 of the Colorado Uniform Commercial Code. Any action for
payment or performance under this Contract may he brought
in Adams County, Colorado at the election of 'Seller.
2. Buyer hereby grants a security interest to Seller in the
goods listed on the face hereof and all attached pages and
further agrees not to sell, assign, encumber or otherwise dispose
of said chattels or any interest therein, nor to permit
r
same to become subject to any lien, without the written per-
mission of the Seller, unless payment in full is made to Seller
for said chattels. Buyer further agrees not to remove the goods
from the address indicated on the face of this Contract written as
the
place where the goods shall be located without prior
approval of Seller as long as any unpaid balance ternains on the
purchase price of the goods.
3. In the Event Buyer defaults on any payment or fails to comply
with any conditions of this Contract, or if any proceeding under the
Vankruptcy Code or any receivership or insolvency proceeding is
ihstituted by or against the Buyer or his property, or the Seller, in
good faith, deems the above properly in danger of misuse, confisca-
tion the Seller's election, upon notice to
tBuyer, the entire hedepreciation re balance tshallimmediately become due and
payable.
4. Extension given by Seller to Buyer or failure of either party
to enforce any right hereunder shall not waive any right in
respect of other or future occurrences or defaults.
5. Damage to or destruction of said chattels after said chattels
have left the physical custody of Seller shall not relieve the
Buyer of any of his obligations hereunder.
6. Time is of the essence of this Contract. In the event Buyer
defaults in complying with the terms hereof, or the Seller, in
good faith, deems the above property in danger of misuse or
confiscation, the Seller (with or without process of law) or any
officer of the law may take immediate possessionof said accessories rp-
op-
erty without demand, including any equipment,
proceeds, and for this purpose the Seller or any officer of the
law may enter upon the premises where said property may be
and remove the same. Seller at his option may require the Buyer
to assemble the collateral and make it available to the Seller at a
place to be designated by Seller which is reasonably convenient
to both parties. The Seller may resell said property at public or
private sale with or without having such property at the place
of sale and upon such terms and in such manner as the Seller
may determine. No notice shall be required before disposition
except that specifically required by law. Removal by Seller shall
not be a prerequisite to the Seller reselling the property. The
Seller may buy at any public sale and 'd the collateral is of a
type customarily sold in a recognized market or is of a type
which is the subject of widely distributed standard price quota-
tions, he may buy at private sale. From the proceeds
any
sale,
the Seller shall deduct all expenses for retaking, repairing
and
selling such property, including a reasonable sure for attorney's
fees. The balance thereof shall be applied to the amount due and
any surplus shall be paid over to the Buyer. In case of deficiency,
the Buyer shall pay the same to Seller, with interest.
7. If any payments her are not paid when due, the
h
until amount
d,rlashtlh together aall ra ltttorney's feethe s ,od1, theracos sr tand
charges for the collection thereel.
8. Seller shall not be liable for any failure or delay lofwhatev r
nature due to any causes beyond Seller's r acontrol.
All delivery dates are approximate only.
9. NEW MACHINE WARRANTY:
Machinery described herein is sold subject to the terms of
the applicable manufacturer warranties, copies of which are
supplied to Buyer with the purchase of the machinery.
VALUE ASSURANCE Refer to Value Assurance Certificate.
10. USED MACHINE WARRANTY:
5 STAR BONDED BUY. Total coverage period: 180 days/ 1000
hours. First 90 days/500 hours (whichever occurs first) full power
train warranty. Second 90 days/500 hrs. (whichever occurs first)
50/50 power train warranty.
BONDED BUY. Total coverage period; 120 days/600 hours.
First 60 days/300 hrs. (whichever occurs first) full power train
warranty. Second 60 days/300 hrs. (whichever occurs first) 50/50
power train warranty.
CERTIFIED BUY. Total coverage period: 60 days/300 hours.
First 30 days/150 hrs. (whichever occurs first) full power train
warranty. Second 30 days/150 hrs. (whichever occurs first) 50/50
power train warranty.
Specific details of coverage is contained in the Used Equip-
ment Warranty Certificate which is supplied to the Buyer with the
11. LIMITATION OF WARRANTY:
THERE ARE NO WARRANTIES WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE HEREOF AND
HEREINABOVE. SELLER IS NOT THE MANUFACTURER
OF THE GOODS AND MAKES NO WARRANTY A AGAINST
PATENT OR LATENT DEFECTS IN MATERIAL,
WORK-
MANSHIP OR CAPACITY OF THE GOODS, NOR
WARRANTY THAT THE GOODS WILLSATISFY THE
REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION
OR CONTRACT WHICH PROVIDES FOR SPECIFIC
MACHINERY OR OPERATORS OR SPECIAL METHODS;
THE AFFIRMS THAT HE HAS EXAMINED AND
INSPECTED THE GOODS OR HAS HAD THE OPPORTUNITY
TO DO SO AND IS SATISFIED WITH THE SAME FOR HIS
PURPOSES.
12. Notwithstanding the above Paragraph 2, all risk of loss
passes to the Buyer:
(a) Where a carrier is used, when the goods are duly de-
livered to a carrier where Seller is not required to deliver the
goods at a particular destination; or when the goods are duly
(b) Where a carrier is used,
tendered while in possession of the carrier where Seller is
required to deliver the goods at a particular destination; or
(c) In all other cases and where a carrier is not used when
the Buyer is in receipt of the goods or on tender of delivery to
the Buyer by the Seller;
Unless otherwise specifically stated on the face hereof all
goods shall be shipped F.O.B. Aurora Yard and Office of Seller.
Delivery by the Seller to the carrier shall be delivery to the Buyer.
Arty claims against the Seller for shortages in shipment
shall be made within fifteen (15) days after receipt of shipment.
13. This Contract constitutes the entire agreement of the
parties. Any provisions hereof contrary to, prohibited by
y or
invalid uncler.applicable laws or regulations shall be inapplicable
and deemed omitted herefrom, but shall not invalidate the
remaining provisions hereof. All Seller's rights are cumulative
and not alternative.
14. The price for the goods is subject to change in accordance
with price increases announced by the manufacturer from the
date of this contract to date of delivery, and Buyer agrees to
pay any such increases and agrees that this contract shall be
construed as if the revised prices were originally inserted herein.
15. The Buyer agrees to immediately provide effective insur-
ance coverage to cover all risks of loss of Buyer (including
comprehensive and fire coverage) with loss payable to Seller
as its interests appear until the purchase price has been paid
in full.
16. The Buyer shall save .md 1101(1 harmless the Seller from any
and all liability for injury or damage of any kind, or claims for
same, to arty persons or property, arising out of the operation
of the goods while in Buyer's possession and control and from
the time the risk of loss passes according to this contract and
fully indemnify the Seller from any and all expense resulting
therefrom; the Seller shall not be liable for any damogss resulting
to the Buyer by reason of any delays or any alleged failure of
any machine to operate or any goods to perform'. In the event
of any failure to perforn not otherwise excused, Seller's liability
shall not exceed the purchase price paid for any item, and in no
event shall Seller be liable for consequential, special or contin-
gent damages of any nature.
17. Should any part of this Contract be held contrary to law,
invalidity of such part shall not affect other parts of this Contract
and the other parts shall remain valid and enforceable.
18. Seller reserves the right In its sole discretion to increase or
decrease the total price fur the machinery described on the face
hereof and the delivery thereof shall be subject to strikes, lock-
outs, accidents, fire, delays in manufacturer transpgortation 000or
delivery of material, acts al God, embargoes,
action, increase in manufacturer's prices, unanticipated costs
incurred in reconditioning the machinery or any part thereof or
any other causes beyond the control of the Seller whether the
same as or different from the matters hereinbefore specifically
enumerated.
19. The sale of the machinery upon the terms and conditions
set forth on the face hereof. shall be subject to prior credit
approval by the Credit Department of Seller. There are no oral
agreements, guarantees, promises, conditions, representations or
warranties except as specifically set forth herein or by separate
written instrument duly executed by an authorized representa-
tive of Seller; no addition to or erasure in the printed portion
of this Form shall be binding upon either party. It is further
understood that all items on this F orm are offered subject to
prior sale.
20. ACCEPTANCE
The issuance of a purchase order document against this offer
shall constitute an acceptance of the offer and not a counteroffer
and shal1create a contract of sale (hereinafter refereed to as"Order),
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