AG 2002 10 21 (Regular) - Laserfiche WebLink

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(4) TITLE TO SYSTEM-SECURITY INTEREST-RISK OF LOSS SELLER shall bear the risk of loss of, or damage to the equipment while it is in transit to the BUYER's premises. Risk of loss shall pass to the BUYER as soon as the equipment is delivered by SELLER to BUYER and BUYER shall hold SELLER harmless and indemnify SELLER for any loss or damage to said equipment while on the premises of BUYER except as to such loss or damage to equ~ment caused by negligence on the part of SELLER's employees or designated agents. BUYER shall acquire title to the equipment only upon payment in full of the TOTAL PURCHASE PRICE, plus all applicable taxes and interest, to SELLER. So long as any part of amounts due under this agreement remains unpaid, title to the equipment 'shall remain in SELLER,. and SELLER shall retain a purchase money security interest in the equipment until all amounts due are paid in full. BUYER agrees to execute any documents which may be necessary to perfect SELLER's security interest in the equipment, and BUYER authorizes SELLER to execute and file on BUYER's behalf any documents necessary to perfect SELLER's security interest. (5) WMmANTY SELLER warrants the Equipment against defective parts and worlenanship for a period of twelve (12) months after the Delivery Date. Upon notification of any defect, SELLER. shall have the option to repair or replace the defective part of the Equipment, and such repair or replacement shall be BUYER's sole and exclusive remedy. All replaced parts will become the property of SELLER. In addition, for a period of twelve (12) months after the Delivery Date, SELLER shall perform, free of charge, all necessary maintenance to keep the Equipment in good working condition and repair, including the furnishing of all necessary labor and materials: SELl]ER shall not be liable 'for any special or consequential-dama~,e, loss, or expense directly or indirectly arising from use of the equiPment either separately or in combination with any other equipment. SELLER DOES NOT MAKE ANY WARRANTIES IN RESPECT TO THE EQLrfPMENT, · EITHER EX!~RESS OR I/xd]PLIED, EXCEPT AS PROVIDED IN TI-KS AGREEMENT. ALL WARRANTIES 'SHALL BE VOID AS TO EQUIPMENT DAMAGED OR RENDERED UNSERVICEABLE BY NEGLIGENCE OF NON-SELLER PERSONNEL,. lvlISUSE, ACCIDENT, TI-I-EFT OR UNEXPECTED LosS, ABUSE, ELECTRICAL POWER FAILLrRE, FIRE, ACTS OF PUBLIC ENEMIES, WAR, RIOT, SABOTAGE, ACTS OF. GOD INCLUDING BUT NOT LIMITED TO FLOOD, LIGHTNING, AND FNCLEMENT V;rEATHER, OR MOVING, REPAIR, RELOCATION OR ALTERATION NOT AUTHORIZED BY SELLER. SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OR COMMERCIAL LOss FROM ANY CAUSES, NOR FOR PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT SUCH AS IS CAUSED BY NEGLIGENCE OF SELLER'S EMPLOYEES.