4600 N. Mason Montgomery Road · Mason, OH 45040
800-677-0076 · Fax: 513-923-5694
A Subsidiary of The Armor Group, Inc.
Version 1.04
October 2014
All licenses and permits, including without limitation,
any building or erection licenses and permits, if
necessary, shall likewise be paid by Purchaser; and
should Manufacturer be required to furnish any Bond or
Bonds on the within contract, the cost thereof shall also
be added to the quoted price.
ADDITIONAL MATERIAL AND LABOR - Any material
added to, or labor performed on or in connection with
the Equipment or installation thereof, shall be at
Purchaser's own expense, unless otherwise agreed to
in writing by Manufacturer.
SAFETY DEVICES - Manufacturer will supply such
safety devices or fire protection equipment as is
specified in writing in its proposals. If Purchaser
desires or requests through local, State or Insurance
Underwriter's Specifications or regulations, other
additional safety devices or equipment, Manufacturer
will undertake, without being obligated therefore, to
furnish same at Purchaser's cost. Manufacturer
assumes no liability for loss or damage to persons or
property occasioned by any accident or casualty
resulting from the use of fuel gas, fuel oil, oven or
immersion tube atmosphere gas in connection with the
Equipment.
USE OF SPECIFICATIONS AND DRAWINGS - The
drawings, designs, specifications and data
accompanying any proposal are Manufacturer's
property and are subject to recall by Manufacturer at
any time. Such drawings, designs, specifications and
data, or any part of them, shall not be used by
Purchaser for competitive bidding or similar purposes
without Manufacturer's prior written approval.
TITLE AND OWNERSHIP - It is the intention that the
Equipment be sold to Purchaser and that title to the
same shall be acquired by Purchaser upon shipment
from Manufacturer’s premises. Manufacturer shall
retain a purchase money security interest lien on each
piece of Equipment, including without limitation, any
accessories to such Equipment, proceeds from the
sale thereof and any insurance proceeds related to
such Equipment, until final payment thereof is made as
per the agreed terms. If Manufacturer gives Purchaser
possession before final payment is made, it is hereby
mutually agreed that:
a) The title and the right of possession of the
Equipment shall transfer to the Purchaser upon
shipment; provided however, Manufacturer shall retain
a purchase money security interest lien on each piece
of Equipment, including without limitation, any
accessories to such Equipment, proceeds from the
sale thereof and any insurance proceeds related to
such Equipment until full and final payment therefore
(including payment of any promissory notes and/or
other security taken in lieu of or in accordance with the
terms hereof) shall have been made. Purchaser also
authorizes Manufacturer to act as its agent and
attorney-in-fact (where permitted by law) for the limited
purpose of preparing, executing in Purchaser’s name,
and filing on its behalf, a financing statement (for
example, a UCC-1) to perfect Manufacturer’s purchase
money security interest in each piece of Equipment.
Until title or license has passed to Purchaser and full
and final payment has been received by Manufacturer,
Purchaser shall not cause nor permit any piece of the
Equipment to be sold, leased, or subject to a lien or
other encumbrance other than Manufacturer’s security
interest;
b) In the event of default or breach of any of the Terms
and Conditions of the contract, Manufacturer may, at
its option, repossess the Equipment and all additions
thereto, wherever found, free from all claims
whatsoever;
c) Any risk of loss during shipment shall be borne by
Purchaser and any loss or damage to the Equipment
during shipment shall not relieve Purchaser of its
obligations hereunder, including but not limited to
making full and final payment to Manufacturer.
The Equipment, or any part thereof, shall not be
considered a fixture or be incorporated into realty by
reason of its attachment thereto, and may be
separated from realty, as well as personality, for the
purpose of repossession. Manufacturer shall not be
liable to Purchaser, nor shall Manufacturer be subject
to any legal proceedings, criminal or civil, for
Manufacturer's acts in such repossession, nor for the
repayment of any money paid before such
repossession as part payment for the Equipment,
which shall be retained by Manufacturer as or on
account of liquidating damages.
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KS-70 RACK WASHER
WARRANTY AND NOTICE
