Including the Service Agreement(s) and any applicable Service Order Attachments, which by this reference are incorporated herein (“Agreement”), are a binding agreement between Tranche II, LLC dba Square Clover (“Square Clover”), a Texas Limited Liability Company with its primary address at 2807 Allen St. #330, Dallas, TX 75204, and the legal entity identified in the Service Agreement (“Customer”).
Purchase of Equipment
On and subject to the terms and conditions of this Agreement, Square Clover does hereby sell to Customer the Equipment outlined in Attachment B for the purchase price found in Attachment B. If Customer fails to pay the amount outlined, Square Clover may then cancel this Agreement and sue for its damages, including lost profits, offsetting the deposit there against, and further recover its cost of suit including attorney fees.
Risk of Loss
The risk of loss from any casualty to the Equipment, regardless of the cause, will be the responsibility of Square Clover until the Equipment has been received by the Customer.
Charges
Square Clover shall invoice Customer upon installation of Equipment found on Attachment B. Customer shall pay all charges on terms of Net15 days. Overdue invoices shall bear an interest at the rate of 3% per month. If Square Clover undertakes collection or enforcement efforts, Customer shall be liable for all costs thereof, including attorney fees.
Deposit
Upon signing this Agreement, Customer shall pay Square Clover the deposit percentage/amount found on the Agreement of the total price prior to equipment being ordered and/or installed. This deposit is to be credited to the final invoice.
Warranty
Square Clover warrants that the Equipment sold hereunder are new and free from substantive defects in workmanship and materials. Square Clover's liability is limited to the Manufacturers’ warranty and is not inclusive of labor required to replace or repair warranty items. No other warranty, express or implied, is made by Square Clover, and none shall be imputed or presumed.
Taxes
All sales taxes, tariffs, and other governmental charges shall be paid by Customer and are Customer's responsibility except as limited by law.
Governing Law
This Agreement shall be governed by the laws of the State of Texas. Any disputes hereunder will be heard in the appropriate federal and state courts located in Dallas, Texas.
Force Majeure
Square Clover may, without liability, delay performance or cancel this Agreement on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.
Miscellaneous
This Agreement between the parties supersedes and replaces all such prior agreements with respect to matters expressly set forth herein. No modification shall be made to this Agreement except in writing and signed by both parties. This Agreement shall be binding upon the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives.