Agmt04 San Mateo County - vario - Laserfiche WebLink

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DISCLAIMS ANY WARRANTY OF MERCHANT ABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. No agent, employee, or other representative of Seller shall have authority to bind Seller to any representation, promise, affirmation, or warranty regarding the goods purchased under this Agreement. There are no representations between the parties to this Agreement other than those expressly set forth in this Agreement and all reliance with respect to an representations is soley on representations expressly set forth in this Agreement. 9. Installation/Operational Instruction. Any installation and/or operational instruction provided by Seller for the goods that are the subject of this Agreement, are as set forth in the Invoices for the goods. The date for Operational Instruction provided by Seller for the goods that are the subject of this Agreement, will be arranged at time of delivery. The number of operators to be trained is a minimum of (2) persons and maximum of (8) persons. Additional training can be supplied at additional cost. 10. Modification. This Agreement may not be modified or rescinded except by express written agreement signed by both of the parties. 11. Waiver. Except as may be expressly provided in a writing signed by the parties to this Agreement, the failure or delay of either party to this Agreement to insist in any instance on strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or the relinquishment of any rights under that provision in the future, but the provision shall continue and remain in full force and effect. 12. Assignment or Delegation. No assignment by either Buyer or Seller of any rights, including rights to money due or to become due under this Agreement, or delegation of any duties under this Agreement or under any orders subject to this Agreement, shall be binding upon the nonassigning party unless and until a written consent has been obtained from the nonassigning party. 13. Competency. Buyer represents and warrants that Buyer is fmancially solvent, able to pay its debts as they become due and possesses sufficient working capital to comply with all requirements of this sales Agreement, that it is sufficiently experienced and competent to perform this Agreement in accordance with its terms and is, if required by applicable Law, authorized to do business in the State of California and holds all licenses required of it by Law, all as necessary to undertake and perform this Agreement. If the financial responsibility of Buyer is unsatisfactory to Seller or impaired, or if Buyer fails to make any payment in accordance with the terms of this contract, Seller may at its sole option defer or decline to make any or all shipments under this Agreement except on receipt of security satisfactory to Seller or cash payment in advance of delivery, or Seller may terminate this Agreement, other purchase orders, or, if deliveries are severable, parts thereof. Page 200 Fireblast 451, Inc. Contract for Sale of Goods North County- Fireflash/Car/FLAG/IMS Trainers 4.23.03 "-"'-"----'T'"