Reinke Ontrac, Installation And Service Manual

Page: 204 / 207

117792 Reintech , LLC 2/1/2014
3
UNINTERRUPTED OR ERROR FREE OR FREE FROM
COMPUTER VIRUSES. REINTECH DOES NOT WARRANT
THAT ANY DATA OR ANY FILES SENT BY OR TO YOU
WILL BE TRANSMITTED IN UNCORRUPTED FORM OR
WITHIN A REASONABLE PERIOD OF TIME. ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF TITLE, NON-
INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE
AND MERCHANTABILITY ARE HEREBY EXCLUDED AND
DISCLAIMED. NO REINTECH EMPLOYEE, DEALER,
AGENT OR REPRESENTATIVE HAS ANY AUTHORITY TO
PROVIDE ANY OTHER WARRANTY WITH RESPECT TO
THE SERVICES EXCEPT AS OTHERWISE PROVIDED
HEREIN.
TO THE EXTENT AND ONLY TO THE EXTENT THAT THE
FOREGOING LIMITED WARRANTY AND LIMITATIONS OF
LIABILITY SET FORTH IN SECTION 6 ARE CONTRARY TO
LAW, THE SAME SHALL NOT APPLY; HOWEVER, ALL
REMAINING PROVISIONS NOT CONTRARY TO LAW
SHALL REMAIN VALID.
8.
MISCELLANEOUS
a. Force
Majeure. Other than your obligations to
make payment to us for charges incurred, neither you nor we will
be responsible to the other for any delay, failure in performance,
loss or damage due to fire, explosion, power blackout, earthquake,
volcanic action, cable cuts by third parties, flood, the weather
elements, strike, embargo, labor disputes, civil or military
authority, war, acts of terrorism, acts of God, acts or omissions of
carriers or suppliers, acts of regulatory or governmental agencies,
or other causes beyond our reasonable control.
b. Assignment. We can assign all or part of our
rights or duties under this Agreement without notifying you. If we
do that, we have no further obligations to you. You may not assign
this Agreement or the Services without our prior written consent.
c. Notices. For any questions regarding this
Agreement, charges or other, please contact Reintech at one of the
following:
Email: sales@Reintech.com
Phone: 888-872-2360
U.S. Mail: P.O. Box 566, Deshler, NE 68340
Any notice or other written matter required or permitted to be
given by Reintech shall be deemed to be sufficiently given if
delivered by hand or sent by certified mail or nationally recognized
delivery service, sent electronically, such as by email or facsimile,
and addressed to you in accordance with the address, email, or
facsimile number sent forth on the Wireless Services Agreement or
as updated by you from time to time in accordance with Section 1
of this Agreement.
d.
Invalidity. If any provision or portion thereof
contained in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, such invalid, void
or unenforceable provision or portion thereof shall be deemed to be
severable and severed, and the remaining provisions and portions
thereof shall continue in full force without being impaired or
invalidated in any way.
e.
Waiver. No waiver of the breach of any of the
terms or provisions of this Agreement shall be, or be construed to
be, a waiver of any preceding or succeeding breach of the same or
any other provision hereof.
f. Governing Law; Choice of Forum. This
Agreement will be exclusively governed by, and construed in
accordance with, the law of the State of Nebraska without regard to
its choice of law provisions. CUSTOMER IRREVOCABLY
AGREES TO (A) SUBMIT TO THE EXCLUSIVE PERSONAL
JURISDICTION OF ANY STATE OR FEDERAL COURT IN
THE STATE OF NEBRASKA IN ANY SUIT, ACTION OR
OTHER LEGAL PROCEEDING RELATING TO THIS
AGREEMENT; (B) THAT ALL CLAIMS IN RESPECT OF ANY
SUCH SUIT, ACTION OR OTHER LEGAL PROCEEDING
MAY BE HEARD AND DETERMINED IN, AND ENFORCED
IN AND BY, ANY SUCH COURT; AND (C) WAIVE ANY
OBJECTION THAT THEY MAY NOW OR HEREAFTER
HAVE TO VENUE IN ANY SUCH COURT OR THAT SUCH
COURT IS AN INCONVENIENT FORUM.
g. Amendments. Reintech reserves the right to
modify the terms of this Agreement or charges, fees or prices for
the Service. Your continued use of the Service after being notified
of such changes constitutes your acceptance of this Agreement as
modified by such changes.
h. Entire Agreement. Agreement constitutes the
entire agreement between us and supersedes all prior agreements,
understandings, statements or proposals, and representations,
whether written or oral. This Agreement can be amended only in
writing and signed by an officer of Reintech. No written or oral
statement, advertisement, or service description not expressly
contained in the Agreement will be allowed to contradict, explain,
or supplement it. Neither you nor Reintech is relying on any
representations or statements by the other party or any other person
that are not included in this Agreement.
SAMPLE