ITEM DETAILS Description: YANCEY BROS CO 2013 B58 KR350 (MISCELLANEOUS / OTHER EQUIPMENT) CLICK HERE FOR CONDITION REPORT Features:OROPS SWEEPER SELLER & PAYMENT INFORMATION Seller name : yanceycat See our other listings 1. METHODS OF ACCEPTANCE and TERMS OF AGREEMENT: This Machine Sales Order ("MSO" is an offer for the sale of the equipment and attachments described on the face hereof (referred to herein generally as "equipment" and "goods" interchangeably") to Customer under the terms and conditions specified herein. This offer may be accepted by (1) the execution of this MSO by a representative of Customer or (2) Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parts authorizing YANCY BROS. CO. to take action to fulfill this order, or (3) the commencement of manufacture or shipment of the goods or services specified in this Order, whichever of the foregoing first occurs. Acceptance of this offer is limited to the express terms stated in this Order. Any proposal in Buyer's acceptance for additional or different terms or any attempt by Customer to vary in any degree any of the terms or any attempt by Customer to vary in any degree any of the terms of this offer is objected to and hereby rejected, but such proposals shall not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price or delivery schedule for the goods or services, but shall be deemed a material alteration of this Order and this offer shall be deemed accepted by Seller without said additional or different terms. Once accepted, this Order shall constitute the entire agreement between YANCEY BROS. CO. is not bound by any representation or agreements, express or implied, oral or otherwise, which are not stated within this agreement or contained in a separate writing supplementing this agreement and signed by authorized agents of both YANCEY BROS. CO. and Customer. 2. TIME OF DELIVERY and SHIPPING: Orders for equipment are processed in the order of their acceptance by YANCEY BROS. CO. and YANCEY BROS. CO. will use its reasonable efforts to deliver the equipment to You on the scheduled delivery date on the face hereof. However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside YANCEY BROS. CO. control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelating factors. YANCEY BROS. CO. is not liable for delays or damages caused by delays in delivery or shipment of equipment, unless stated on the face of this order to the contrary. You are responsible for all freight, shipping loading and unloading costs. 3. To secure Customer's obligations under this agreement and to secure all of Customer's present or future debts, obligations or liabilities of whatever nature to YANCEY BROS. CO., Customer grants to YANCEY BROS. CO. a security interest in the goods described on the reverse side hereof, together with any attachments or accessions thereto and proceeds from the sale or lease thereof. Customer agrees to deliver to YANCEY BROS. CO., properly executed, any certificate of title or other document or instrument required by YANCEY BROS. CO. to perfect YANCEY BROS. CO.'s security interest as created in this paragraph. Customer also authorizes YANCEY BROS. CO. to file financing statement(s) with respect to the security interest granted herein. 4. Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded to the carrier. YANCEY BROS. CO.'s responsibility for shipment ceases upon delivery of the goods to a transportation company. Customer shall carry such fire and other insurance as necessary to protect its interest and the interest of YANCEY BROS. CO.. Any claim by Customer for shortage in shipment shall be made within fifteen (15) days after receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breech. The shortage in shipment notice must be in writing within fifteen (15) days and further, shortage in shipment is not deemed to constitute nonconformity. 5. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer's objections and such notices must be delivered within ten (10) days after delivery of the goods. It is agreed that in the event of rejection, Customer may in no event resell the goods, even in the absence of instructions from YANCEY BROS. CO. and Customer will store the goods or reship the goods to YANCEY BROS. CO.. Should the Customer sell the goods, such sale shall be deemed an unequivocal acceptance of goods. If Customer accepts goods tendered under this agreement, such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever. 6. No right or interest in this agreement shall be assigned by Customer without the written permission of YANCEY BROS. CO., and no delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of YANCEY BROS. CO.. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 7. YANCEY BROS CO. shall have all rights and remedies provided in the Uniform Commercial Code and in any other document executed in connection with this agreement. Customer agrees to pay all costs incurred by YANCEY BROS CO. in enforcing this agreement or any of its provisions, including without limitation reasonable attorney fees and costs and all costs reclaiming the goods, whether or not legal action is commenced. In the event the goods are reclaimed, Customer agrees that YANCEY BROS CO. may bid on the goods and that a commercially reasonable price for said reclaimed goods, a public sale, may be determined by YANCEY BROS CO. based upon current national auction values, marketing trends relating to supply and demand, and related factor, for goods of similar type and condition. 8. CANCELLATION/TERMINATION: This Order may be cancelled by Customer only with YANCEY BROS. CO. written consent and then only upon such terms as will protect the Seller from any loss. This Order may be cancelled by YANCEY BROS. CO. in the event of any default by Customer or in the event Customer fails, upon YANCEY BROS. CO.'s request to provide reasonable assurance of future performance. 9. PERMISSIBLE VARIATIONS: All goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer of the goods of YANCEY BROS. CO.. In the event of shipment of non-conforming goods, YANCEY BROS. CO. shall be given a reasonable opportunity to replace the goods with those which conform to the Order. 10. FORCE MAJEURE: YANCEY BROS. CO. shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or performance of the services of such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war, insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel, supplies or transportation, strike, or other labor dispute, or any other cause, contingency, occurrence or circumstance by nature, whether or not similar to those herein before specified beyond YANCEY BROS. CO. control, which prevents, hinders or interferes with manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or circumstances shall release YANCEY BROS. CO. from performance of its obligations hereunder. CUSTOMER SUPPORT If you have questions about the product or your order please contact us via eBay Messages for assistance. Thank you. ABOUT THE SELLER The Nation's Oldest Caterpillar Dealer
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