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<br /> Quote # Q-553723
<br />9/24/2025 4:40:01 PM
<br />a Division of McGrath RentCorp
<br />Corporate Headquarters
<br />5700 Las Positas Rd
<br />Livermore, CA 94551
<br />925-606-9000
<br />www.mgrc.com
<br />Sale Quotation and Agreement
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<br />Quote # Q-553723
<br />Date of Quote 09/19/2025
<br />Quote Expiration Date: 10/19/2025
<br />Estimate Del Date
<br />Buyer PO#: Needed to clone
<br />previous Quote
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<br />(c) SERVICES. Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience, and
<br />qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for si milar
<br />services and shall devote adequate resources to meet its obligations under this Agreement. With respect to any Services subject to
<br />a claim under the warranty set forth in this Section, Seller shall, in its sole discretion, (i) repair or re-perform the applicable Services
<br />or (ii) credit or refund the price of such Services at the pro rata contract rate. The Seller shall not be liable for a breach of the warranties
<br />set forth in this Section unless: (i) Buyer gives written notice of the defective or non-conforming Goods or Services, as the case may
<br />be, reasonably described, to Seller within three (3) months of Seller’s performance of the Services and within four (4) days of the time
<br />when Buyer discovers the defect. This warranty does not extend to any defect caused by accident or abuse, or repaired or altered by
<br />Buyer without prior written authorization from Seller. EXCEPT FOR THE SERVICES WARRANTIES SET FORTH IN THIS SECTION,
<br />SELLER MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES. ALL OTHER WARRANTIES,
<br />EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
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<br />(d) MANUFACTURER WARRANTIES. Seller hereby assigns to Buyer any warranties applicable to the Equipment received from a
<br />manufacturer to the extent such warranties are still applicable, in force and assignable. Buyer hereby waives, and agrees that it will
<br />not assert, any claim of any nature whatsoever against Seller based on any manufacturer warranties. If any manufacturer warranties
<br />that remain valid and in force cannot be assigned or made available to Buyer, Seller agrees to use reasonable efforts at Buye r’s cost
<br />to enforce such warranties.
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<br />12. DEFAULT; REMEDIES OF SELLER. Each of the following shall constitute an "Event of Default": (1) Buyer’s failure to make any
<br />required payment to Seller within ten (10) calendar days after its due date, including but not limited to Buyer’s failure to make timely
<br />payments in accordance with the payment schedules in Section 2(a) through 2(b) hereof; (2) Buyer’s failure in the performance of any
<br />other obligation under this Agreement and the continuance of such default for ten (10) calendar days after written noti ce thereof by
<br />Seller to Buyer; (3) any warranty, representation or statement made or furnished to Seller by or on behalf of Buyer proves to be false
<br />in any material respect; (4) any uninsured loss, theft, damage or destruction to, or the attempted sale or encumbrance by Buyer of,
<br />the Equipment, or any levy, seizure or attachment thereof or thereon, prior to payment of the Purchase Price in full; (5) Buy er’s
<br />insolvency, dissolution, winding up, termination of existence, or cessation or discontinuance of business prior to payment of the
<br />Purchase Price in full; (6) the appointment of a receiver of any part of, the assignment for the benefit of creditors by, or the
<br />commencement of any proceedings under any bankruptcy, reorganization or arrangement laws by or against, the Buyer prior to
<br />payment of the Purchase Price in full. Buyer acknowledges that any Event of Default will substantially impair the value of th is
<br />Agreement to Seller; or (7) Buyer’s breach of any other agreement between Buyer and Seller, regardless of whether the effective date
<br />of such agreement is before or after the Effective Date. Upon the occurrence of any Event of Default and any time thereafter prior to
<br />payment of the Purchase Price in full, Seller may exercise one or more of the following remedies: (1) terminate this Agreement; (2)
<br />declare all unpaid payments under this Agreement to be immediately due and payable; (3) direct Buyer at its expense to prompt ly
<br />prepare the Equipment for pickup by Seller and take possession of the Equipment wherever found, and for this purpose enter upon
<br />any premises of Buyer and remove the Equipment, without any liability to Buyer or requirement for a suit, action, bond or oth er
<br />proceedings; (4) use, hold, sell, lease or otherwise dispose of the Equipment on the Sit e or any other location without affecting the
<br />obligations of Buyer as provided in this Agreement; (6) proceed by appropriate action either in law or in equity to compel Bu yer’s
<br />performance or to recover damages sufficient to ensure that Seller receives the full benefit of it bargain under this Agreement, plus
<br />attorneys’ fees and any other expenses paid or incurred by Seller in connection with repossession, holding, repair and subseq uent
<br />disposition of the Equipment; (7) apply any deposit or down payment specified in this Agreement to payment of Seller’s costs,
<br />expenses and attorneys’ fees incurred in enforcing this Agreement (provided, however, nothing herein shall be construed to me an
<br />that Seller’s damages are limited to the amount of such deposit or down payment); and (8) exercise any and all other rights of Seller
<br />under applicable law. These rights and remedies are nonexclusive and may be exercised concurrently or separately. Seller’s waiver
<br />of any Event of Default shall not constitute a waiver of any other Event of Default or of any other right under this Agreement or
<br />applicable law.
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<br />Sale Terms and Conditions, Rev01/14/25
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<br />MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
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