Purchaser or its authorized agent must be present at the time
of delivery to sign for the Goods. The Parties shall work in.
good faith to coordinate the delivery of the Goods
hereunder.
7.
Risk of Loss
. Unless otherwise specified herein, all
risk of loss, damage to, or reduction in value of, the Goods
shall pass to Purchaser upon Seller’s delivery of possession.
8. Warranty; Disclaimer of Warranties
. Seller hereby
grants Purchaser a limited warranty that the Goods shall be
free from all defects which otherwise render the Goods
inoperable; such limited warranty shall extent for one (1)
year from Purchaser’s receipt of the Goods, and Purchaser’s
monetary recourse derived from a claim on this limited
warranty shall be limited to the amount of the purchase price
for that specific Good subject to a warranty claim.
NOTWITHSTANDING
AND
WITHOUT
LIMITING THE AFOREMENTIONED LIMITED
WARRANY, THE GOODS ARE BEING SOLD
“AS IS,” AND SELLER DISCLAIMS ALL
WARRANTIES
OF
QUALITY,
WHETHER
EXPRESS OR IMPLIED, AT CONTRACT OR
LAW, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE
.
Purchaser acknowledges that it has not been induced by any
statements or representations of any person with respect to
the quality or condition of the Goods and that no such
statements or representations have been made. Purchaser
acknowledges that it has relied solely on the investigations,
examinations, and inspections as Purchaser has chosen to
make and that Seller has afforded Purchaser the opportunity
for full and complete investigations, examinations, and
inspections of the Goods.
9.
Limitation of Damages
. Seller shall not be
responsible for any misuse, reconfiguration, or alteration of
the Goods by Purchaser or others. Seller’s liability for any
claims or damages relating to or in connection with the
Goods shall be limited to the Purchase Price of the Goods,
and in no event shall Seller be liable for any consequential,
special, or incidental damages.
10. Indemnification
. Purchaser shall indemnify, hold
harmless, and defend Seller, and its directors, officers,
members, managers, employees, agents, and affiliates from
and against any and all costs, claims, suits, liabilities,
damages, and expenses of any kind whatsoever (including,
but not limited to, court costs and reasonable attorneys’
fees), incurred or suffered as a result of Purchaser’s late
payment or non-payment (including the costs, fees, and
reasonable attorneys fees for collection).
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