Reso 2001-313 - Laserfiche WebLink

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CUSTOMER AGREEMENT THIS IS IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. This order shall not be binding on Copyco. Inc. (CopyCO) until approved at Copyco home office, 2. Delivery of goods on common carrier or licensed trucker shall constitute delivery to Buyer, and all risk of loss or damage in transit shall be borne by Buyer, All shipments are f.o.b. our warehouse, except for machines. 3. Copyco reserves the right to make delivery in installments. Such installments shall be separately invoiced and paid for when due. without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining installments. 4. Copyco reserves the right at any time to revoke any credit extended to Buyer because of Buyer's failure to pay for any goods when due or any other .reason deemed good and sufficient by Copyco. 5, Copyco shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond Copyco control, including without limitation strikes, lockouts, fires, embargoes, war,or other_ outbreak of hostilities, inability to obtain materials or shipping space, machinery breakdowns. delays of carrier or suppliers: governmental acts and regulations, other causes beyond Copyco control and receipt of orders from all sources in excess of Copyco then scheduled production capacity. 6. _This order shall not be cancelable by the Buyer for delays in delivery or other cause until ten days after written notice of such intention have been actually received by Copyco during such period. 7. Copyco warrants that the goods covered by this order when delivered to Buyer will be of merchantable quality and free from defects in workmanship and material for a period of 90 days from the date of delivery of Copyco under ordinary use and conditions. Copyco's obligation hereunder is expressly limited to the repair or replacement (at Copyco election) of such defective parts as are returned to Copyco at Its home office or such other place as designated by Copyco. freight prepaid, within the warranty period and which are proved to be defective upon inspection by Copyco, If not repaired or replaced by Copyco. Copyco liability shall be limited to the stated selling price of such returned parts which are defective. Other repairs not under warranty will be at such cost as Copyco from time to time generally will establish. In no event shall Copyco be liable for resulting or consequential damages occasioned by any breech of warranty. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ALL OTHER WARRANTIES. EXPRESS OR IMPLIED. ARE EXCLUDED. 8. All claims for goods or delay in delivery shall be deemed waived unless made in writing delivered to Copyco within ten days after receipt of goods by Buyer. 9. All equipment shall remain the property of Copyco until final payment is made. 10. Delinquent balances are subject to late charges of 1 /0,'0 per month. Customer is responsible for all related collection costs including reasonable attorney fees on unpaid balances. 11. If maintenance is part of this contract. Copyco's applicable "Maintenance Agreement" must be exe- cuted along with this order. The agreement will renew automatically for successive annual terms if Copyco is not notified 30 days in ad'/ance of the anniversary date. In no case will the renewal exceed a 10% price increase over the prior year. In additic.n. all maintenance billings will be subject to a $1.00 per machine/billing administration fee. 12. This contract constitutes the entire agreement between the parties and may not be modified or terminated except in writing signed by an officer of Copyco. 13. In the avent the equipment is not paid for anc therefere picked up there will oe a $,05 per copy usage charge and a reasonable pick up charge.