When accepted by you and signed in the space provided
below, this shall constitute the sales agreement between J & M
INDUSTRIAL, INC. (JMI) and
.
JMI agrees to sell and Purchaser agrees to purchase items identified in
QUOTATION AND INVOICE attached hereto and incorporated herein by this
referenced quote number and pursuant to the following terms and
conditions:
1. Purchaser agrees to make payments totaling
$
for all items listed in INVOICE. Payment shall be by wire transfer,
company check, or other means agreeable to both parties made payable to J
& M INDUSTRIAL, INC., upon receipt, from the date of this agreement
unless otherwise agreed to in writing by JMI. PAYMENT IS REQUIRED PRIOR TO
SHIPPING PER THE ATTACHED INVOICE.
2. THE ITEMS ARE SOLD "AS IS, WHERE IS" WITHOUT ANY WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event will JMI
be liable to the Purchaser or any third party for special, incidental or
consequential damages arising out of Purchaser's dismantling,
transportation and ownership of the items even if JMI has been advised of
such potential damages. It is the responsibility of the Purchaser to
insure that proper protective guards and other safety features are
properly installed and operating on the purchased equipment before and
during the operation of this equipment.
3. JMI shall coordinate viewing and loading of the equipment onto
trucks supplied by the Purchaser.
4. All taxes associated with the purchase shall be paid by the
Purchaser.
5. All questions and disputes relating to the execution, performance,
or enforcement of the Agreement shall be determined in accordance with the
laws of the State of West Virginia.
6. This Agreement and attached quotation sets forth the entire
agreement between us and revokes any prior agreements, and there are no
other understandings. All amendments must be in writing, signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Sales Agreement
to be executed by their representative duly authorized so to do, effective
as of the day and year first above written.
