Any conflicting or additional terms in Customer’s purchase order, offer or other purchase document will not become part of the Contract unless specifically accepted by Black Equipment in its written acceptance. If Customer places an order orally or electronically transmits a purchase order number and subsequently transmits a written purchase order with conflicting or additional terms, such terms will not become part of the Contract under any circumstances. Unless specified otherwise by Black Equipment in writing, the total Selling Price, together with all applicable taxes, shall be immediately due and payable when Customer is notified that the goods are ready for shipment.
Unless otherwise agreed in writing, Black Equipment reserves the right to ship all goods by any available common carrier. Risk of loss transfers to Customer when the goods are delivered to the carrier.
Customer may not cancel or modify the Contract without the written consent of Black Equipment. Without limitation upon other legal remedies, if Customer fails to make timely payment, Black Equipment shall be entitled to recover from Customer the entire Selling Price, interest at the annually compounded rate of ten percent (10%) from the due date and all reasonable attorney fees and expenses incurred in the collection thereof. Unless otherwise specified in a writing signed by an authorized representative of Black Equipment, Black Equipment provides no warranties except the manufacturer’s warranties as herein referenced in this quote, and Black Equipment specifically disclaims all warranties, including express warranties or implied warranties of merchantability or fitness for a particular use. The Contract shall be governed by Indiana law; and any litigation regarding the Contract shall be filed and prosecuted in state or federal court in Vanderburgh County, Indiana. Customer consents to personal jurisdiction in Indiana and waives trial by jury.