TERMS AND CONDITIONS SKYJACK - Flipbook - Page 3
addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or
other charges, Buyer shall reimburse Seller therefor on demand.
5. Title and Security Interest. In the event Buyer obtains possession of the Goods prior to
issuing full payment of all amounts owed to Seller as set forth in the Agreement: (a) Buyer
acknowledges and agrees that title to the Goods shall be and remain vested in Seller unless and
until Seller has received from Buyer payment of the entire purchase price, plus any other
amounts due Seller under the Agreement; (b) Buyer hereby grants to Seller a purchase money
security interest in all Goods sold hereunder and all accessories and additions thereto, whether
presently upon Buyer’s premises or hereafter acquired, all spare parts and components thereof,
and all proceeds of the sale or other disposition including, without limitation, cash accounts,
proceeds, rental proceeds, contract rights, instruments and chattel paper, in an amount equal to
all amounts due Seller under this Agreement; and (c) Seller may take any action deemed
necessary and/or appropriate to perfect and/or protect its security interest in the Goods, Buyer
consenting in all respects thereto and agree to fully cooperate with Seller in connection
therewith (including, without limitation, authorizing Seller and its agents to file any financing
statements and other documents necessary to create, perfect, and maintain the security interest
granted hereunder); (d) Buyer shall not make any alterations, additions or improvements to the
Goods without the prior written consent of Seller and, regardless of consent, alterations,
additions or improvements may not place the operation of the Goods outside the manufacturers'
operating limits, must meet applicable legal standards and may not hinder the Goods' operation;
(e) Buyer shall keep the Goods free and clear of all liens, encumbrances, or security interests,
except Seller’s security interest, and (f) Buyer shall maintain the Goods in good working order
and condition; reasonable wear and tear accepted, and pay the cost of all repairs and
replacement parts including labor charges, and shall promptly notify Seller of any defect in or
damage or accident to or arising from the, operation, use, repair of the Goods or installation and
removal of any attachment.
6. Delivery, Claims and Force Majeure. Delivery of the Goods shall, if practicable, take place
on the delivery date as indicated on Seller’s Invoice (
