Chance Rides
Accounts Receivable

• AGREEMENT AND LIMITATIONS: The agreement between Seller and Buyer (“invoice”) with respect to the sale of products described on the other side hereof (the “products”) shall consist exclusively of the terms appearing herein and on the other side hereof. Seller objects to and shall not be bound by additional or different terms whether printed or otherwise in Buyer’s purchase order or in any other communication from Buyer to Seller. Such differences in terms shall be considered material and Seller’s Terms and Conditions shall govern. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Seller to extent they modify, add or detract from the invoice shall not be binding on Seller.
• CONDITIONAL WARRANTY:  The products herein described are intended to be used by the buyer as a commercial operator in providing a service to Buyer’s customer. As a commercial operator, Buyer agrees to operate and maintain its equipment in a professional and competent manner in accordance with Chance Rides, LLC’s recommendations and instructions, ASTM F-24 Standards on Amusement Rides and Devices, applicable local government standards, and good commercial practices using professional and competent mechanics and operators. If at any time, and for any reason, the equipment cannot be adequately and safely operated for its intended use, Buyer agrees not to operate the equipment until appropriate corrections are made. THE CHANCE RIDES, LLC WARRANTY BELOW SHALL NOT BE EFFECTIVE AND SHALL BE VOID UNLESS THE EQUIPMENT IS OPERATED AND MAINTAINED IN ACCORDANCE WITH THESE STANDARDS, RECOMMENDATIONS, AND INSTRUCTIONS.
• NEW PRODUCTS WARRANTY: Chance Rides, LLC hereby warrants, to the original buyer only, that the new products that are the subject of this sale are free from defects in material workmanship. The duration of this warranty is for a period of one year, commencing from the first day of delivery. If Buyer discovers within this period a failure of the products to conform to specifications or discovers a defect in material or workmanship, it must promptly notify Chance Rides, LLC in writing. In no event shall such notification be received by Chance Rides LLC, later than thirteen (13) months from the date of delivery. Products found to be defective will be repaired or replaced by Chance Rides, LLC, subject to exclusions contained herein. Defective products manufactured by original equipment manufacturers will be covered additionally by the original manufacturer’s warranties, if any, which Chance Rides LLC shall extend to Buyer. As a condition of the warranty, the buyer will be given a Return Material Authorization (“RMA”) and be required to return the products for which a warranty claim is being made, freight prepaid, to Chance Rides, LLC.  Returns of unused products will require an RMA, must be returned within sixty (60) days and will be subject to a restocking fee.  Returns not made within the sixty (60) days authorized return period will not be accepted for return and will be charged the full invoice amount and delinquency charge outlined below.  For new products requiring a deposit to secure the order, the deposit invoice must be paid within sixty (60) days, or the order will be cancelled.
• WHAT IS NOT COVERED BY THIS WARRANTY: This warranty does not warrant wear from normal use or service, normal maintenance, adjustments, consumable or expendable items. This warranty does not warrant defects caused by inadequate or improper maintenance, unauthorized modifications, improper operation or misuse by Buyer, or damage caused by disasters such as fire, flood, wind, lightning, and earthquake.

DISCLAIMER OF WARRANTY FOR NEW PRODUCTS: THE FOREGOING WARRANTY FOR NEW PRODUCTS IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER OF WARRANTY FOR USED PRODUCTS:  ANY USED PRODUCTS SOLD HEREUNDER ARE SOLD ON AN “AS IS” OR “AS IT STANDS” BASIS. CHANCE RIDES, LLC EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES ON USED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

• LIMITATION OF REMEDIES: In no case shall Chance Rides, LLC be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory. Such precluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of equipment, loss of capital, cost of substitute equipment, facilities, or services, down time, the claims of third parties including employees and customers, and injury to property. Remedies under Chance Rides, LLC warranty, are expressly limited to the repair or replacement remedy as specified above.
• AMENDMENT OF LIMITATIONS: The laws of some states do not permit certain limitations on warranties or remedies. In the event such a law applies, the foregoing warranty and remedy limitations are amended insofar as required by law.
• THE LIMIT FOR BRINGING SUIT: Any action for breach of warranty must commence within fifteen (15) months following delivery of the product.
• NO OTHER WARRANTIES: Unless modified in a writing signed by both parties, these Terms and Conditions are understood to be the complete and exclusive terms accompanying this invoice, superseding all prior agreements, oral or written, and all other communications between the parties relating to the products sold by this invoice. No employee of Chance Rides, LLC or any other party is authorized to make any warranty in addition to those made in these Terms and Conditions. Any technical advice furnished, or recommendation made by any representative of Chance Rides LLC concerning any use or application of any of the products is believed to be reliable, but CHANCE RIDES, LLC MAKES NO WARRANTY, EXRESSED OR IMPLIED, AS TO RESULTS TO BE OBTAINED.
• PRODUCT IMPROVEMENTS: Chance Rides LLC reserves the right to incorporate improvements and changes in material and design of its products without notice and is not obligated to incorporate the same improvements or changes in products previously manufactured.
• PRICES AND TERMS: Fulfillment of Buyer’s order is contingent upon the availability of material. The price of the products sold pursuant to this invoice shall be based upon Seller’s prices in effect at the time of shipment and any acceptance of the order will be on the basis of the freight rates now in effect. In the event of an increase or decrease in the applicable freight charges before the material is shipped, such charges will be for the account of Buyer. Unless otherwise provided on the front side hereof, price is F.O.B. Chance Rides, LLC facilities and terms of payment shall be Net 30 days from date of invoice. Chance Rides, LLC will assess a delinquency charge of 1 ½% per month on invoices over 30 days past due. Buyers agree to pay, in addition to the purchase price of the equipment, all sales, use, or excise taxes that may be imposed by local, state, or federal governments either at the time of delivery or upon subsequent audit. If such amount is not included in the original invoice for the products, it will be invoiced separately later.
•  LEGAL EXPENSES: Buyer shall be responsible to pay and reimburse Chance Rides, LLC, for all its reasonable costs and expenses, including reasonable attorney’s fees, in enforcing its rights pursuant to this invoice, including, but not limited to, collecting all monies due and owing to it hereunder. Chance Rides, LLC shall be entitled to its cost of collection, including, but not limited to, attorneys fees and collection agency fees, except that such costs of collection (i) shall not include costs that were incurred by a salaried employee of Chance Rides, LLC or its assigns; (ii) shall not include the recovery of both attorney’s fees and collection agency fees; and (iii) shall not be in excess of 15% of the unpaid debt after default.
• JURISDICTION AND CONTROLLING LAW, AND CHOICE OF FORUM: This invoice shall be deemed to have been agreed to within the State of Kansas. Its terms and conditions shall be governed and construed according to the laws of the State of Kansas. Any legal proceedings relating to this invoice or its terms and conditions shall be brought exclusively in the Eighteenth Judicial Court, Wichita, Sedgwick County, Kansas, U.S.A. or in the United States District Court for the District of Kansas at Wichita, Kansas, U.S.A., and both parties hereto consent to the jurisdiction of said courts.
• ENTIRE CONTRACT: This invoice is subject to the above Terms and Conditions, which are hereby made a part hereof. Any former agreements or representations between the parties hereto are hereby terminated. The parties hereto are bound only by the provisions contained herein.

Rev. 11/25