|
o uti oris
<br />Terms and Conditions
<br />1. SHIPPING AND HANDLING. All equipment purchased by Customer (the "Equipment") is provided FOB at the shipping location. Shipment will be made as specified by
<br />Customer and Customer is solely responsible for all expenses in connection with the delivery of the Equipment. The Equipment will be deemed accepted by Customer upon
<br />receipt.
<br />2, PURCHASE PRICE AND TAXES. Customer shall pay to Network Solutions, Inc. the purchase price set forth in the applicable invoice ("Purchase Price") for each ftern of
<br />Equipment and installation. Customer hereby grants and Network Solutions, Inc, reserves a purchase money security interest in the Equipment and the proceeds thereof as a
<br />security for its obligations hereunder until payment of the full Purchase Price to Network Solutions, Inc. Customer authorizes Network Solutions, Inc. to file financing statements
<br />to perfect its purchase money security interest Customer acknowledges that in the event of Customer's default and the exercise by Network Solutions, Inc. of its security
<br />interest in the Equipment, all of Customer's systems and activities which depend on the Equipment will be disrupted or rendered inoperable, The Purchase Price is due and
<br />payable upon delivery of the Equipment in accordance with the terms on the face of the invoice. Customer shall pay all taxes and other governmental charges assessed in
<br />connection with the rental, use or possession of the Equipment including, without limitation, any and all sales and/or use taxes and personal property taxes.
<br />3 PAST DUE INVOICES. Invoices are past due the day following the date payment is due. Interest charges shall accrue from that date. In the event of past due invoices,
<br />Customer agrees to pay to Network Solutions, Inc., as interest, an amount equal to 2% per month, or the maximum provided by law, (whichever is less) for invoice amounts that
<br />are past due. Should Network Solutions, Inc. be forced to initiate legal action to collect unpaid amounts from past due invoices, Customer agrees to pay Network Solutions, Inc,'s
<br />reasonable attorney's fees and costs of collection in addition to the interest described above,
<br />4 TITLE, Customer shall acquire title to the Equipment upon full payment of the purchase pricel[s) set forth herein. Notwithstanding the foregoing, Network Solutions, Inc. and
<br />any licensor of rights to Network Solutions, Inc, shall retain title to and rights in the intellectual property (whether or not subject to patent or copyright' and content contained in
<br />the materials supplied under the terms of this Agreement.
<br />S. RETURNS. All returns must be approved by Network Solutions, Inc. and a RMA number assigned prior to return shipment, Customary restocking fees of 15% will apply to all
<br />non -defective returns. Returns delivered to Network Solutions, Inc, without prior consent will be rejected and returned. If evaluation product is not returned at the end of the
<br />evaluation period, evaluation unit invoices are due and payable on the day following the invoice date
<br />6. SELECTION OF EQUIPMENT; MANUFACTURER WARRANTY, Customer acknowledges that customer has selected the Equipment and disclaims any statements made by Network
<br />Solutions, Inc Customer acknowledges and agrees that use and possession of the Equipment by Customer shall be subject to and controlled by the terms of any manufacturer's
<br />or, if appropriate, supplier's warranty, and Customer agrees to look solely to the manufacturer or, if appropriate, supplier with respect to all mechanical, service and other claims,
<br />and the right to enforce all warranties made by said manufacturer are hereby, to the extent Network Solutions, Inc. has the right, assigned to Customer. THE FOREGOING
<br />WARRANTY 15 THE EXCLUSIVE WARRANTY AND IS IN LIEU OF ANY ORAL REPRESENTATION AND ALL OTHER WARRANTIES AND DAMAGES, WHETHER EXPRESSED, IMPLIED OR
<br />STATUTORY. NETWORK SOLUTIONS, INC. HAS NOT MADE NOR DOES MAKE ANY OTHER WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION
<br />ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR OF NONINFRINGEMENT OF THIRD PARTY RIGHTS AND AS TO NETWORK SOLUTIONS, INC. AND
<br />ITS ASSIGNEES, CUSTOMER PURCHASES THE EQUIPMENT "AS S`.
<br />7, LIMITATION OF LIABILITY, Network Solutions, Inc,'s entire liability for any damages which may arise hereunder, for any cause whatsoever, and regardless of the form of action,
<br />whether in contract or in tort, including Network Solution, Inc.'s negligence, or otherwise, shall be limited to the Purchase Price paid by Customerforthe Equipment IN NO
<br />EVENT WILL NETWORK SOLUTIONS, INC, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE
<br />BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF NETWORK SOLUTIONS, INC HAS BEEN ADVISED OF
<br />THE POSSIBILITY OF SUCH DAMAGES.
<br />8, GOVERNING LAW; DISPUTE RESOLUTION. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Indiana (except
<br />that body of law controlling conflicts of law) and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International
<br />Sale of Goods. The parties will endeavor to settle amicably by mutual discussions any disputes,- differences, or claims whatsoever related to this Agreement. Failing such
<br />amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or
<br />breach thereof, the parties to this Agreement hereby consent to jurisdiction and venue in the courts of the state of Indiana.
<br />9. MISCELLANEOUS, The above terms and conditions are the only terms and conditions upon which Network Solutions, Inc, is willing to sell the Equipment and supersede all
<br />previous agreements, promises or representations, oral or written.
<br />ELDS01 1ST 1390S7v2
<br />
|