FireRock FIREROCK RUMFORD, Installation, Specification And Operation Manual

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proper cancellation charges. If Buyer fails to make payment for the Goods when due, Buyer’s account shall be deemed delinquent
and Buyer shall be liable to FireRock for a service charge of eighteen percent (18%) per annum or the maximum allowed by
law, whichever is greater, on any unpaid amount; provided that, in addition to the foregoing, FireRock shall also be entitled to
(w) suspend its performance, (x) cancel any order then outstanding, (y) receive reimbursement for its reasonable and proper
cancellation charges and (z) proceed to collect, without limitation, any sums due and owing, its reasonable cancellation charges,
and all damage resulting from Buyer’s default. Buyer shall be liable to FireRock for all costs and expenses of collection, including
court costs and reasonable attorneys’ fees.
5. SECURITY INTEREST:
As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to
FireRock a lien on and security interest in and to all of the right, title and interest, to and under the Goods, wherever located,
and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or
modifications thereof, as well as all proceeds (including insurance proceeds of the foregoing). The security interest granted under
this provision constitutes a purchase money security interest under the Alabama Uniform Commercial Code.
6. CANCELLATIONS, CHANGES AND RETURNS:
Except as otherwise provided in this Agreement, the order and purchase
of the Goods under this Agreement are not subject to cancellation, change or return unless agreed to in writing by an authorized
representative of FireRock. At FireRock’s option, Buyer may be charged for any costs incurred by FireRock prior to or as a result of
such cancellation, change or return. In the event of any change, FireRock shall be entitled to revise its prices and delivery dates to
reflect such change. Any Deposit paid to FireRock is non-refundable.
7. DELAY IN OR PREVENTION OF PERFORMANCE:
FireRock shall not be liable for any expense, loss or damage resulting
from delay in delivery or prevention of performance caused by fires, floods, storms, acts of God, strikes, labor disputes, labor
shortages, lack of or inability to obtain materials, fuels, supplies or equipment, civil unrest, domestic or international acts
of terrorism, riots, accidents, transportation delays, acts or failures to act of any government or of Buyer, or any other cause
whatsoever, provided that such cause is beyond the reasonable control of FireRock, and FireRock shall have such additional time
for performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned
by such delay. Acceptance by Buyer of any of the Goods shall constitute a waiver by Buyer of any claim for damages on account of
any delay in delivery of the Goods.
8. EXCLUSIVE WARRANTY:
Buyer acknowledges that FireRock makes no representation or warranty with respect to the
Goods, except for the representations and warranties set forth on Exhibit A, which is incorporated into this Agreement by
reference.
9. LIMITATION OF WARRANTY:
IF ANY GOOD IS INSTALLED OTHER THAN IN STRICT CONFORMANCE
WITH THE PUBLISHED INSTALLATION INSTRUCTIONS, THE WARRANTY IS VOID AND THERE SHALL BE NO
WARRANTY FOR SUCH GOOD.
10. OPERATING WARRANTY SERVICE:
To obtain warranty service authorization, Buyer must contact the “FireRock
Technical Service Department” in writing at 1500 1st Avenue North #75, Birmingham, AL 35203, or at such address as may be
posted at www.firerock.us, within thirty (30) calendar days after Buyer purchases the Goods from FireRock or its authorized
distributor. Dated proof of original purchase from FireRock or its authorized distributor will be required. FireRock is not
responsible for Goods received from Buyer without a warranty service authorization. To obtain warranty service authorization,
Buyer must provide photographic evidence of the claimed defect or have the Goods inspected by an approved FireRock inspector,
as determined by FireRock in its sole discretion. Buyer agrees to permit inspection of the Goods by an approved FireRock
inspector. FireRock shall, at its sole discretion, decide the place of performance.
11. WARRANTY DISCLAIMER:
IF THE GOODS DO NOT OPERATE AS WARRANTED PURSUANT TO THE EXPRESS
TERMS & CONDITIONS
KEEP THIS INFORMATION FOR YOUR RECORDS