Triple W EquipmentCUSTOMER INFORMATION TRIPLE W EQUIPMENT
NAME% !"� � I\/ Q
, . ++ E UIPMENT DEMONSTRATION/SALES AGREEMENT
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PHONE: CELL: 2'S-O
NAME OF CONTACT:
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3201 West Broadway
Missoula, MT 59807
800-223-5744
3145 Hwy 93 S.
Kalispell, MT 59901
800-521-4783
EQUIPMENT LOCATION ,Customer WILL NOT REMOVE THE EQUIPMENT
✓IMF/ ��<jj' FROM THIS LOCATION WITHOUT WRITTEN
I ,PERMISSION FROM DEALER
DEMONSTR TION USE TERM: USE FEE:
Begin End $
Date: Date:
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REFERENCE NO. I MODEL I DESCRIPTION OF EQUIPMENT
f MINIMUM USE FEE ADDITIONAL CHARGES
/ GUARANTEED BY (Specify)
Customer $
$
PRODUCT IDENTIFICATION NO. I HOUR METER I PRESENT VALUE
i READING
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TOTAL PRESENT VALUE ►
Customer - All new equipment to be demonstrated hereunder DEALER - The Equipment demonstrated hereunder was set up,
was received with Operator' manual and operation and cted and, if new, adjusted according to factory recour-
se mrvib g"Fiave`6��xplai� j /i� mend tions before d li ery. Operation and servicing h e bee
( % J ,explai e t h Cu o er.
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Signature ' Date Si ature t Date
Dealer maintains an Equipment Demonstration/Sales program, the purpose
of which is to allow prospective customers the opportunity to use Equipment
from Dealer's inventory to determine suitability of the Equipment for custom-
ers' use through operating the Equipment in the field and to familiarize cus-
tomers with the operation of the Equipment. Customer desires to participate
in the Equipment Demonstration/Sales program and to put the described
Equipment to use in the field for the period of time set forth above. Customer
represents it may purchase the Equipment from Dealer if the Equipment
proves suitable during the Demonstration Use Term. Customer understands
that its use of the Equipment will cause wear and tear on the Equipment and
diminish its sales value and therefore agrees to pay a Use Fee to Dealer dur-
ing the Demonstration Use Term. Customer understands and agrees that title
to the Equipment shall remain in the Dealer's name and that the Equipment
is part of Dealer's inventory and shall remain so unless Customer purchases
the Equipment. Dealer retains the right to sell the Equipment and, at Dealer's
option, replace the Equipment with a similar machine at any time during the
Demonstration Use Term. Dealer will notify Customer if Dealer intends to
exercise this option, and Customer will have three (3) business days follow-
ing such notice in which to exercise the purchase option provided herein
or return the Equipment to Dealer. Upon return of the Equipment to Dealer,
the Demonstration Use Term hereunder shall terminate and the parties will
enter into a new original Equipment Demo/Sales Agreement covering the
replacement machine. Such new Agreement shall be, at a minimum, for the
remainder of this Agreement's Demonstration Use Term and have a Use Fee
rate no greater than the rate for the use of the Equipment hereunder. Neither
party shall claim any depreciation on the Equipment. Dealer hereby agrees
that Customer may use the Equipment identified above ("Equipment") for the
term and subject to payment of the Use Fee set out above Use Fee payments
shall be made to Dealer at the address shown above, subject to the provi-
sions of Paragraph 4 hereof. The Equipment will be transported to and from
Dealer's place of business during the Demonstration Use Term at Customer's
expense. Customer also agrees to pay any additional charges noted above
upon or before receiving the Equipment from the Dealer.
It is contemplated that the Equipment will be operated for not more than:
Customer agrees to pay additional Use Fees prorated at the applicable daily,
weekly or monthly rate for each hour the Equipment is used in excess of such
time. The additional Use Fee for excess hours of use will be paid at the time
the Equipment is returned or, if the Equipment is demonstrated/used for more
than thirty days, on the first day of the month following such use. If an hour
meter is furnished, (1) Customer agrees to keep it connected to the Equip-
ment and in good working condition at all times, and (2) it will be used as the
conclusive`measure of the number of hours of operation.
If Customer fails to return the Equipment by the end of the Demonstra-
tion Use Term, Customer will pay additional Use Fees, prorated at one and
one-half times the normal Use Fee, for each day that the Equipment remains
unreturned.
Customer assumes all risks and liability for and agrees to hold Dealer and
its assigns harmless from all personal injuries and deaths, property damage,
suits, claims (including third party claims), losses, expenses, costs, and at-
torney fees, arising from or in connection with the Customer's use, posses-
sion, entrustment to others, or transportation of the Equipment. Customer, at
Customer's own expense, will carry general liability insurance with limits of
liability not less than $1,000,000 per occurrence and $1,000,000 aggregate,
unless greater liability limits are specified herein.
I PER OCCURRENCE LIMIT I AGGREGATE LIMIT I
Customer agrees to furnish a certificate of insurance to Dealer's satisfaction
evidencing Customer's compliance with the foregoing requirement and name
the Dealer as an additional insured on the Customer's general liability policy
upon demand by Dealer.
Customer shall indemnify Dealer against all loss or damage to the Equipment
while it is out of Dealer's possession. The amount of any such loss or damage
will be based on the value shown above. Damage to the Equipment, other
than a total loss, will not abate or excuse the making of Use Fee payments.
Customer agrees to use and care for the Equipment in a careful and prudent
manner.
Hours/Day Hours/Week Hours/Month
Customer agrees to pay all operating and maintenance expenses while