Warranty
Page 35
9.
ALL SALES, USE, EXCISE, TRANSPORTATION, PRIVILEGE,
OCCUPATIONAL CONSUMPTION, STORAGE, OR OTHER TAXES WHICH
MAY BE LEVIED BY ANY TAXING AUTHORITY AS A RESULT OF THIS
TRANSACTION SHALL BE PAID BY THE PURCHASER.
10. UNLESS OTHERWISE AGREED TO IN WRITING BY IEC, ANY TECHNICAL
DATA, FURNISHED IN CONJUNCTION WITH THIS ORDER AND NOT
OBTAINABLE FROM ANOTHER SOURCE SHALL NOT BE DUPLICATED,
USED, OR DISCLOSED IN WHOLE OR IN PART FOR ANY PURPOSE
OTHER THAN TO EVALUATE THIS ORDER.
11. IEC SHALL HAVE NO LIABILITY OR OTHER OBLIGATION HEREUNDER, IF
ITS PERFORMANCE IS DELAYED OR PREVENTED TO ANY EXTENT BY
ANY EVENT SUCH AS, BUT NOT LIMITED TO, ANY ACT OF GOD, STRIKE
OR WORK STOPPAGE, FIRE, FLOOD, ACCIDENT, ALLOCATION, OR
OTHER CONTROLS OF GOVERNMENT AUTHORITIES, SHORTAGE OF
TRANSPORTATION, FUEL, MATERIAL AND LABOR, OR ANY OTHER
CAUSE BEYOND IEC'S REASONABLE CONTROL. ANY SHIPPING DATE
STATED BY IEC IS IEC'S BEST ESTIMATE, BUT IEC MAKES NO
GUARANTEE OF SHIPMENT BY ANY SUCH DATE AND SHALL HAVE NO
LIABILITY OR OTHER OBLIGATION FOR FAILURE TO SHIP ON SUCH
DATE, REGARDLESS OF CAUSE.
12. PAYMENT TERMS ARE NET THIRTY (30) DAYS FROM DATE OF INVOICE
ON APPROVED CREDIT. ONE AND ONE-HALF PERCENT (1 1/2%) PER
MONTH (18% ANNUAL RATE) MAY BE CHARGED ON PAST DUE
ACCOUNTS WHERE PERMITTED BY APPLICABLE LAW. IN THE EVENT
ACCOUNT MUST BE PLACED FOR COLLECTION, PURCHASER SHALL
BE RESPONSIBLE FOR ALL REASONABLE ATTORNEYS FEES AND
COSTS INCURRED BY IEC IN SECURING PAYMENT.
13. PURCHASER SHALL NOT CANCEL THE CONTRACT WITHOUT PRIOR
WRITTEN CONSENT OF IEC. IN THE EVENT PURCHASER CANCELS
THE CONTRACT WITH THE PRIOR WRITTEN CONSENT OF IEC AFTER
THE PURCHASER'S OFFER TO PURCHASE IS RECEIVED AND
ACKNOWLEDGED IN WRITING, IEC SHALL BE ENTITLED TO RECEIVE
FROM PURCHASER, IEC'S COST PLUS A REASONABLE ALLOWANCE
FOR OVERHEAD AND PROFIT.
14. PURCHASER SHALL NOT ASSIGN ANY OF ITS INTEREST RIGHTS
UNDER THIS AGREEMENT WITHOUT WRITTEN CONSENT OF IEC.
15. IEC WILL NOT FURNISH LIEN WAIVERS OR RELEASES UNTIL IEC
RECEIVES PAYMENT, IN FULL, AT ITS OFFICE IN OKLAHOMA CITY,
OKLAHOMA, FROM PURCHASER FOR THE GOODS COVERED BY THIS
ORDER. PARTIAL LIEN RELEASES WILL BE PROVIDED IF REQUESTED.
