Equipment Contract
Office: Cell: Fax: E-mail: Sales Rep:
Alex Ledesma (323)490-1881 (562)881-9631 (323)315-5245
aledesma@pwslaundry.com
GENERAL PROVISIONS IMPORTANT – THIS IS A BINDING CONTRACT – PLEASE READ
1. GENERAL TERMS : It is agreed that this Equipment Contract (“Contract”) represents a binding contract between PWS and Buyer (collectively, the “Parties”), contains the entire agreement between the Parties, and supersedes all prior negotiations and agreements. Any handwritten notes (whether included on the Contract or not) or oral representations are expressly excluded from the Contract terms. Further, it is agreed that no agent, salesperson or employee of the Seller has any authority to make any promise, inducement or representation unless the same is inserted hereto in type font and specifically made a part of this Contract. 2. Buyer acknowledges that by signing this Contract, Buyer is agreeing to pay the Total Contract Price (“Contract Price”) for goods and services detailed in the Contract (“Purchased Equipment”) and to abide by the terms set forth herein. 3. Expiration Date on the 1 st page of this Contract is hereby defined as the Contract Price at the time of Quote Date which is valid for 30 days. Upon execution, the Equipment pricing and this Contract shall be in full force and effect and binding between all parties. In the event Buyer fails to take possession of the Equipment within the calendar year of the Contract Date, all pricing shall be subject to an i ncrease of not greater than 10% on January 1 of each subsequent year. 4. Deposit Amount. Concurrent with the execution of thi s Contract, Buyer will remit a NON-REFUNDABLE cash deposit (“Deposit”) as follows: (a) For any orders that are COD or financed by an outside Lender other than Alliance Laundry Systems, LLC (“ALS”), Customer will remit a deposit of Twenty percent (20%) of the Contract Price. Customer agrees to pay the balance due to PWS on or before taking delivery of said Equipment or within thirty (30) calendar days of receipt of Equipment by PWS, whichever occurs first . Equipment may be ordered in phases and each invoice will have thirty (30) calendar days to be paid in full by Buyer. (b) For any orders that are financed by ALS, Customer will remit a fee of Ten Thousand Dollars ($10,000) or 10%, whichever is les s, as a deposit, along with an executed Commitment Letter prior to ordering equipment. The ALS loan must be funded within ninety (90) days once the Equipment has been ordered, which means all Equipment must be at the laundry in order for ALS to complete a physical inspection for funding of the transaction. (c) If Buyer fails to pay the required Deposit, PWS shall have the option to cancel this Contract. The Deposit shall be non-refundable unless the Contract becomes null based on failure to satisfy a stated contingency. 5. If Buyer wrongfully refuses to accept the Purchased Equipment where delivery is tendered, refuses to remit payment as required under this Contract, or cancels this Contract at any time after execution for any reason other than a valid contingency not being met, Buyer agrees to pay PWS an amount equivalent to 20% of the Contract Price. The Parties agree that since it is difficult to determine actual damages in such cases, an amount equal to 20% of the same price is a reasonable and proper amount as liquidated damages. 6. If the installation is included in the Contract Price and said installation is interrupted, delayed, or stopped for any reason (including a lack of permits), PWS will not be responsible for any costs associated with these interruptions or delays. PWS shall make best efforts to deliver and install equipment in a timely manner but shall not be liable for delays in delivery or installation. 7. PWS agrees to store the Equipment, free of charge to Buyer, if equipment is picked up or delivered within ninety (90) days from date of receipt by PWS. However, if the equipment is not picked up or delivered within this ninety (90) day period, Buyer agrees to pay storage fees of $1,500.00 per month until Equipment is picked up or delivered to the laundry address. The deposit will be applied first to storage fees, if applicable, and the remainder to the Contract Price. 8. To the extent the total amount of credit card use exceeds $5,000, Buyer will be assessed a fee of 2.5% on such excess. 9. Sales tax will be charged based on rate effective at time Buyer takes possession of Purchased Equipment. Please note sales tax rate may be different from rate applicable at time Equipment Contract is signed. 10. The only parts warranties, if any, applying to this Purchased Equipment are those given by the manufacturer, and are in lieu of all other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. 11. If PWS installation is included in the Contract Price, PWS shall provide a labor warranty for 30 days after installation of the Purchased Equipment. There shall be no warranty on labor if installation is not provided by PWS. 12. Buyer shall indemnify, defend, and hold harmless PWS and each of its officers, agents and employees from and against any and all losses, liability, claims and expenses [including reasonable attorney fees and expenses] for damage to or loss of property or injury or death of persons directly or indirectly resulting from any cause on or about the premises where the Purchased Equipment is installed or in connection with the operation of Buyer’s business or the use of the Purchased Equipment. 13. In the event PWS institutes any action to procure late or non-payment, PWS shall be entitled to reimbursement of all fees and expenses incurred, including but not limited to reasonable attorney’s fees. 14. In the event Buyer or PWS institute legal proceedings in connection with, or arising from, this Agreement, the Parties agree that the entire dispute shall be governed by California law and shall be resolved by final and binding arbitration in Los Angeles County, California, administered by JAMS, in accordance with JAMS' Commercial Arbitration Rules then in effect or such other alternative dispute resolution services as the Parties may agree. 15. In the event of legal proceedings and/or arbitration, each Party shall bear its own fees and expenses , including attorneys' fees. 16. The undersigned has used electronic signature technology in order to sign and initial documents in the transaction and verifies that those documents containing an electronic signature or initial from Buyer were in fact executed by Buyer. BY SIGNING THE FIRST PAGE OF THIS CONTRACT AND INTIALING BELOW YOU ARE AGREEING TO BE BOUND BY ALL TERMS STATED HEREIN AS PART OF THIS CONTRACT .
BUYER’S INITIAL(S): ________________________
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