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DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY <br /> WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. No agent, <br /> employee, or other representative of Seller shall have authority to bind Seller to any <br /> representation, promise, affirmation, ~r warranty regarding the goods purchased under <br /> this Agreement. There are no representations between the parties to this Agreement <br /> other than those expressly set forth in tit's Agreement and all reliance with respect to <br /> an representations is soley on representations expressly set forth in this Agreement. <br /> <br />9. Installation/Operational Instruction. Any in.qtallafion and/or operational <br /> instruction provided by Seller for the goods that are the subject <br /> of this Agreement, are as set forth in the Invoices for the goods. The date for <br /> Operational In~kaction provided by Seller for the goods that are the subject of this <br /> Agreement, will be arranged at time of delivery. The number of operators to be <br /> trained is a minimum of (2) persons and maximum of (8) persons. Additional <br /> training can be supplied at additional cost. <br /> <br /> 10. Modification. This Agreement may not be modified or rescinded except by express <br /> written agreement signed by both of the parties. <br /> <br /> 11. Waiver. Except as may be expressly provided in a writing signed by the parties to <br /> this Agreement, the failure or delay of either party to this Agreement to insist in <br /> any instance on strict performance of any provision of this Agreement shall not be <br /> construed as a waiver of that provision or the relinquishment of any rights under <br /> that provision in the future, but the provision shall continue and remain in full force <br /> and effect. <br /> <br /> 12. Assignment or Delegation. No assignment by either Buyer or Seller of any fights, <br /> including rights to money due or to become due under this Agreement, or delegation <br /> of any duties under this Agreement or under any orders subject to this Agreement, <br /> shall be binding upon the nonassigning party unless and until a written consent has <br /> been obtained ~om the nona~signing party. <br /> <br /> 13. Competency. Buyer represents and warrants that Buyer is financially solvent, able <br /> to pay its debts as they become due and possesses sufficient working capital to <br /> comply with all requirements of this sales Agreement, that it is sufficiently <br /> experienced and competent to perform this Agreement in accordance with its terms <br /> and is, if required by applicable Law, authorized to do business in the State of ~ ~ <br /> California and holds all licenses required of it by Law, all as necessary to undertake <br /> and perfmm this Agreement. If the financial responsibility of Buyer is <br /> unsatisfactory to Seller or impaired, or if Buyer fails to make any payment in <br /> accordance with the tetras of this contract, Seller may at its sole option defer or <br /> decline to make any or all shipments under this Agreement except on receipt of <br /> security satisfactory to Seller or cash payment in advance of delivery, or Seller may <br /> temfinate this Agreement, other purchase orders, or, if deliveries are severable, parts <br /> thereof. <br /> <br /> Pa~e 2 of 3 <br /> Fireblast 451, Inc. Contract for Sale of Goods <br />North County- Fireflash/Car/FLAGtlMS Trainers 4~,3.03 <br /> <br /> <br />