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<br />1. This Quotation shall not create a binding contract between Mid Columbia Forklift, Inc. and Purchaser until signed by an
<br />authorized representative of the Purchaser, at which time it becomes the Purchase Order, and accepted in writing by an authorized
<br />representative of Mid Columbia Forklift, Inc.
<br />2. Purchaser agrees that all Quotations are subject to change by Mid Columbia Forklift, Inc. until acceptance is conditioned
<br />upon confirmation of Purchasers creditworthiness
<br />3. The terms of this Quotation shall govern the rights and liabilities of the parties. To the extent that any separate order
<br />submitted by the Purchaser in response to this Quotation contains any additional or different terms or conditions, they are rejected
<br />as proposals for addition to the contract between Mid Columbia Forklift, Inc. and Purchaser, unless the separate order is accepted
<br />in writing by an authorized representative of Mid Columbia Forklift, Inc.
<br />4. Mid Columbia Forklift, Inc. shall have no liability to Purchaser for failure to deliver or any delay in delivery of the goods
<br />quoted herein due to strikes, prior sales, government action, natural disasters, material shortages, or any other causes beyond Mid
<br />Columbia Forklift, Inc: s control.
<br />6. Purchaser's acceptance of this Quotation is subject to any changes in specifications of the goods quoted herein made in
<br />the course of production which do not materially alter the goods purchased. In the event of changes in specifications that will
<br />materially alter the goods purchased, Purchaser may cancel its order in writing within ten days after receipt of notice of such
<br />changes, in which event Mid Columbia Forklift, Inc. will return any option of the purchase price paid by Purchaser and shall have
<br />no further liability of obligation to Purchaser.
<br />6. Prices quoted are those in effect at the time the Quotation is submitted to Purchaser and are for immediate acceptance.
<br />Upon acceptance of the Purchaser's Order by Mid Columbia Forklift, Inc. prices will not be changed so long as the Purchaser
<br />agrees to take the earliest delivery of the ordered goods and the delivery date falls within the period of time the manufacturer of the
<br />goods has agreed not to raise its prices to Mid Columbia Forklift, Inc. In all other cases, prices may be changed prior to delivery of
<br />any order In whole or part at any time such changes are made necessary by changing costs. In addition, all goods listed in this
<br />Quotation are subject to prior sale.
<br />7. Mid Columbia Forklift, Inc. shall retain title to the goods quoted herein until the full price thereof is paid. if the purchase
<br />price of the goods is not paid in full prior to delivery, the Purchaser grants to Mid Columbia Forklift, Inc, a SECURTIY INTEREST in
<br />the goods quoted herein to secure Payment of the portion of the purchase price not paid prior to delivery and Purchaser's
<br />performance of all other obligations arising hereunder. Purchaser agrees to execute at Mid Columbia Forklift, Ines request all
<br />documents necessary to perfect a security interest in the goods, including but not limited to a Uniform Commercial Code financing
<br />statement. The parties agree that this Quotation constitutes a security agreement between them and that this document or a
<br />photocopy hereof may be filed as a financing statement.
<br />8. Upon acceptance of the Purchaser's Order, cancellations will not be accepted except upon terms that will Indemnify Mid
<br />Columbia Forklift, Inc. against all loss.
<br />9. Purchaser agrees to pay all costs and expenses, if any, including reasonable attorney's fees, incurred by Mid Columbia
<br />Forklift, Inc. in connection with any action to enforce its rights under the accepted Purchaser's Order, either through a non judicial
<br />collection process or by means of any action or law or in equity. If a judgment is obtained against the Purchaser, the Purchaser
<br />also agrees to pay all costs, expenses and attomey's fees incurred in executing on said judgment.
<br />10. The prices Quoted herein do not include, except as expressly stated in the Quotation, any present or future sales, use,
<br />excise, personal property, or any other taxes, fees, or assessments, which may be applicable to the sales of the goods quoted
<br />herein, whether said taxes, fees, or assessments are imposed upon the Purchaser or Mid Columbia Forklift, Inc. Purchaser shall
<br />pay the amount of such taxes, fees, and assessments in the same manner and with the same effect as if originally added to the
<br />price.
<br />11. Warranties
<br />A) NEW EQUIPMENT. THE ONLY WARRANTIES MADE WITH RESPECT TO NEW GOODS QUOTED HEREIN ARE THOSE OF
<br />THE MANUFACTURER. THE MANUFACTURER'S WARRANTIES WILL BE FURNISHED UPON REQUEST. iF THERE ARE NO
<br />WARRANTIES BY THE MANUFACTURER, THE GOODS ARE OFFERED "AS IS."
<br />B) USED EQUIPMENT. WARRANTIES BY Mid Columbia Forklift, Inc. WITH RESPECT TO USED GOODS QUOTED HEREIN
<br />ARE LIMITED SOLELY TO THOSE SET FORTH ON THE FRONT OF THIS QUOTATION AND IN THE USED EQUIPMENT WARRANTY
<br />FORM, IF ANY, DELIVERED TO THE CUSTOMER. IF NO WARRANTIES ARE SET FORTH ON THE FRONT OF THIS QUOTATION
<br />AND IF NO USED EQUIPMENT WARRANTY IS DELIVERED TO THE PURCHASER, THE GOODS ARE OFFERED "AS IS. "
<br />12. DISCLAIMER OF WARRANTIES
<br />Mid Columbia Forklift, Inc. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
<br />INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER
<br />IMPLIED WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. Mid
<br />Columbia Forklift, Inc. NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABLILITY IN
<br />CONNECTION WITH THE SALE OF GOODS QUOTED HEREIN.
<br />13. LIMITATION OF LIABILITY. Purchaser's exclusive remedy in the event of any act or omission by or attributable to Mid
<br />Columbia Forklift, Inc. giving rise to any liability shall be the repair or replacement of any non -conforming goods or parts. In
<br />addition, it is agreed that IN NO EVENT SHALL Mid Columbia Forklift, Inc. BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES
<br />INCURRED OR SUSTAINED BY PURCHASER FROM ANY CAUSE OF ANY KiND OR NATURE. IN THE CASE OF INJURY TO THE
<br />PERSON, LIABLILITY FOR CONSEQUENTIAL DAMAGES IS EXCLUDED TO THE EXTENT PERMITTED BY LAW.
<br />14. INDEMNIFICATION. Purchaser agrees to indemnify, defend, and hold Mid Columbia Forklift, Inc. free and harmless from
<br />any and all liabilities, damages, losses, claims, causes of action, and suits of law or in equity or any obligation whatsoever arising
<br />out of or attributed to any action or neglect of the Purchaser or any personnel employed by Purchaser in connection with the use,
<br />operation or maintenance of the goods obtained as a result of this Purchase Order.
<br />1s. There are no agreements, understandings, representations, or stipulations relative to this Quotation other than those
<br />expressed herein.
<br />16. Purchaser agrees to pay to Mid Columbia Forklift, Inc. interest on all sums of money due and owing to Mid Columbia
<br />Forklift, Inc. at the rate 18% per annum from the date such sums become due until paid.
<br />17. The contract between the parties may be amended only in writing signed by each of the parties hereto.
<br />18. This Quotation shall be construed in accordance with the laws of the State of Washington.
<br />19. No waiver of any, provision of this agreement shall constitute a waiver of any provision hereof, nor shall such waiver
<br />constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the party making the waiver.
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