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1. This Agreement supercedes and oral quotation which may have been
furnished by Insane Choppers of Milwaukee, Inc., (the "Company") to Customer
with respect to the work and services to be performed by the Company. This
Agreement embodies the entire understanding of the parties and all of the terms
and conditions with respect to the matters duscussed. This Agreement may not be
altered, superceded or otherwise modified except in writing signed by both
parties. This Agreement shall be interpreted as though it had been drafted by
all parties equally. The Company shall not be bound by statements or promises
made by any representative of the Company which are not stated in and made a
part of theis Agreement.
2. The Customer understands that payment in full is required upon
completion of the work. It is understood and agreed by the Customer that a
finance charge of eight and one-half percent (8 1/2 %) per month will be charged
on any delinquent account thirty (30) days after the work is completed. Should
this account ever become delinquent and required the services of any attorney to
collect or Commence suit to enforce payment, the Customer shall pay all
reasonable costs associated with such collection, including reasonable attorney
fees.
3. The Company shall not be liable for inability to complete the work
or services contemplated by the Agreement, nor for any loss or damage of any
kind resulting from delay or inability to deliver on account of fire, labor
troubles, accidents, acts of civil or military authorities or from any other
causes beyond the Company's control.
4. In the event the services of the Company are terminated by the
Customor prior to the Company's completion of the work contemplated by this
Agreement, the Company shall by entitled to collect from the Customer an amount
due for work performed up to date of termination.
5. The Company offers no other warranties, express or implied,
including any implied warranty or marketability or fitness for a particular
purpose. The Company shall not be liable for any direct, incidental,
consequential, punitive, loss or damages to the Customer in excess of the amount
quoted on the face of this Agreement.
6. The Company hereby advises the Customer as follows:
a. The Company is not responsible for any
part or equipment from becoming loose after installation by the Company. The Company advises Customer that new parts and equipment do become loose can, infact, fall off after initial installation as a result of use by Customer. Customer is advised to continually
check all Company installed parts and equipment of motorcycles to insure there
are no loose or missing parts or equipment.
b. The only warranty offered hereunder is the
manufacturer's warranty of it's respective parts and equipment installed on the
motorcycle by the Company. All labor must be paid by the Customer even for
warranty work.
c. After delivery of the motorcycle, the
Customer is required to take the motorcycle to a motorcycle dealer of Customer's
choice to have the timing and carburetor adjusted, and the check for loose
parts, to insure the motorcycle is ready for use on streets and highways.
The motorcycle is not road ready.
d. The Company is not responsible for any
other services performed on the motorcycle by Customer or and any third party
after delivery of the motorcycle by the Company to the Customer. The Company
will not pay for any work done to a motorcycle, by any other Company.
7. The quotation written by the Company for work and services to be
performed is valid for thirty (30) days, but may be cancelled in the event of
strikes, accidents, fires, material availability and other causes beyond the
Compnay's control.
8. Any provision of the contract prohibited by the law of any state, as
to such state, shall be in effect to the extent of such prohibition without
invalidating the remaining provisions of the Agreement. This Agreement shall be
construed and interpreted under the laws of the State of Wisconsin.
9. Should any dispute arise relative to the performance or
interpretation of the Agreement by any of the parties hereto, the parties agree
taht any and all disputes shall be settled by binding arbitration. If the
parties cannot agree upon a mutually agreeable arbitrator, then the arbitration
sahll be conducted by Resolute Systems, Inc. located in Milwaukee, Wisconsin in
accordance with its rules. The decision of the arbitration and shall be enforced
in accordance with teh provisions of the Wisconsin Arbitration Act.
10. The Customer certifies that the Customer has read the Agreement,
including the terms and conditions set forth above and that this Agreement
is the entire agreement between parties. The terms and conditions contained in
the Agreement, and the meaning thereof, have been explained, and the Customer
fully understands the terms and conditions.
11. Each person executing the Agreement warrants that he or she is a
duly authorized representative to the respective entity designated by theis
Agreement and is fully empowered to execute this Agreement on its behalf.
12. If suit or action is instituted to enforce or interpret any of the
terms of this Agreement, the prevailing party shall be entitled to recover from
the other party all costs of such an action, including reasonable attorney fees.
13. No action shall be brought for any breach of the terms of this
contract more than two (2) years after the date of this contract.
14. The customer understands that the service and work being made on
the motorcycle may drastically change and affects the way the motorcycle handles
and operates. The customer is advised to operate the motorcycle at a reduced
speed to obtain a full appreciation for the way the motorcycle handles after the
work and services have been performed. The Company will not be responsible for
any damage or injury resulting to the Customer or any third party from the
effect of the work or service performed on the motorcycle by the Company. The
Customer hereby releases the Company from any and all liability and shall hold
the Company harmless from any such liability. In the event any persons not a
party to this Agreement shall make claim or file any lawsuit against the Company
for any reason whatsoever including the payment of all damages, expenses, costs
and attorney fees, whether these claims are based upon alleged intentional
conduct, active or passive negligence, or strict or product ability on the part
of the Company, it's agents, servants and employees.
15. The Customer is advised that the Company shall have a lein on the
motorcycle and may retain possession thereof for the amount due for the keep,
support, storage, service, work and/or care of the motorcycle until paid.
Failure of the Customer to pick up the motorcycle within fifteen (15) days of
notice that the service or work has been performed on the motorcycle shall
entitle the Company to charge the Customer a storage charge at the rate of
twenty-five ($25.00) per day for each day thereafter until motorcycle is picked
up by the Customer.
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