TERMS AND CONDITIONS SKYJACK - Flipbook - Page 2
notice to Seller in accordance with the Agreement detailing Buyer’s objection to any modified
or new Terms and Conditions prior to the effective date of such modified or new Terms and
Conditions will be subject to and will constitute Seller’s acceptance of such modified or new
Terms and Conditions.
No accepted offer and no dealer order may be cancelled or altered by Buyer except upon terms
and conditions accepted by Seller in writing. This offer may be revoked by Seller at any time
before it is accepted by Buyer, and shall automatically expire 30 calendar days after its date if
Buyer has not accepted it before then. Neither Buyer's acceptance of this offer nor any conduct
by Seller (including but not limited to shipment of Goods) shall oblige Seller to sell to Buyer
any quantity of Goods in excess of the quantity that Buyer has committed to purchase from
Seller at the time of such acceptance or conduct.
2. Price. Unless otherwise agreed to by Seller in writing, the price for Goods sold hereunder
shall be Seller's list price in effect as of the date of Buyer's order, less any agreed upon
discounts or credits to Buyer. Notwithstanding the foregoing, Seller may increase the price of
the Goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing
the Goods. Prices are stated and payable in the currency set forth in the price list.
3. Credit Approval; Payment Terms. All payment terms set forth in this document are
subject to Seller's approval of Buyer's credit where Seller is extending payment credit to Buyer,
in Seller's discretion; and if such approval is withheld, payment shall be due in advance of
Seller's performance. Except as otherwise agreed to by Seller in writing, payment is due upon
Buyer's receipt of Seller's invoice following shipment. Buyer shall have no right to set off
against the purchase price and amounts Buyer contends Seller may owe to Buyer, irrespective
of any alleged warranty claims. Interest will be charged at the lesser of (i) 18% per year, or (ii)
the highest rate permitted by applicable law, on accounts more than 30 calendar days past due.
If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller
may, in addition to its rights and remedies provided hereunder or at law or equity, (a) defer or
suspend further shipments or provision of Goods until Buyer reestablishes satisfactory credit,
(b) cancel the unshipped or unperformed portion of any order and invoice Buyer for incurred
costs and reasonable profit without any liability on the part of Seller for failure to ship or
provide Goods, or (c) make shipment of Goods to Buyer on a C.O.D. or cash in advance basis.
If production or shipment of completed Goods, or other Seller performance, is delayed by
Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase
price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller
for storage of completed Goods or work in process during any such delay, whether stored at
Seller's facility or an independent storage company's facilities.
In the event Seller provides Buyer a trade package discount with respect to the price for the
Goods, the full discount will not be applied unless Seller receives all traded equipment within
30 days of invoicing. The applicable discount will then be reduced by 25% on the 31st day after
invoicing, and by an additional 25% for each 30 days thereafter so that, if all of the equipment
is not delivered to Seller within 120 days, the discount will be reduced to zero. Buyer
represents it holds such trade-ins free and clear of any liens and encumbrances. Buyer shall
deliver the equipment, goods, and inventory to Seller and provide any and all documentation
establishing title to such goods and equipment it is trading in.
4. Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use
tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any
other tax, fee, interest or charge of any nature whatsoever imposed by any governmental
authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in
