Fastcorp, LLC
DIVI Setup and Users Guide
Page
12
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62
Rev 6
4.
LIMITATIONS OF BUYER'S REMEDIES.
Buyer's remedies with respect to any claim arising out of any order, or Seller's performance in connection
therewith, including, without limitation, any claim arising out of any defect or alleged defect in any goods
or services furnished by Seller, shall be limited exclusively to the repair and replacement of defective parts
as specified in Section 7 herein. Without limiting the foregoing, Seller shall not be liable for breach of
contract arising out of or in connection with a warranty claim. In no event shall Seller be liable for any
damages including, but not limited to, lost profits or other incidental or consequential damages arising
out of this agreement or the use or inability to use any of the products including, but not limited to, the
DIVI FC (plus any subsequent digits) Merchandiser, even if Seller has been advised of the possibility of
such damages, or of any claim by Buyer or any other party.
WAIVER
Waiver by Seller of any breach by Buyer of any of the terms and conditions set forth herein shall not be
construed as a waiver of any other breach or the failure of Seller to exercise any right arising from any
default of Buyer hereunder shall not be deemed to be a waiver of such right, which may be exercised at a
subsequent time.
GOVERNING LAW
This Agreement shall be governed by the Uniform Commercial Code as adopted by the State of
Connecticut in force as of the date hereof. Buyer consents to the jurisdiction of the state and federal
courts within the State of Connecticut. Service of process by certified or registered mail shall be sufficient
to commence suit and obtain a judgment by default. Buyer waives any right to personal service of
process. Notwithstanding anything contained herein to the contrary, if Seller so directs, any controversy
or claim arising out of or related to this agreement or the performance or breach thereof shall be resolved
by binding arbitration in accordance with the rules and procedures then obtaining of the American
Arbitration Association. Any action or proceeding by Buyer arising out of or in connection with this
transaction, including any claim for Seller's breach of contract or Seller's breach of Warranty, must be
commenced within two (2) years after the delivery of the equipment to Buyer except in the case of a
claim for Seller's breach of Warranty relating to the DIVI Merchandiser's freezer system as provided for
herein which must be commenced within five (5) years after the delivery of the equipment to Buyer.
Credit
All invoices paid after the due date specified within shall accrue interest at the lesser of 2% per month or
the highest rate of interest permitted by law. In the event that the Buyer pays any invoice with a credit
card, Buyer hereby waives, releases, and discharges any all rights that Buyer may have, under the terms of
Buyer's agreement with the credit card provider, to dispute, challenge and/or protest the payment of any
Seller invoice.
