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Home My WebLink About0063 i 3 ~ DDITIONl1l TERMS AND CONDITION! 1. MARRANiY. Ths Seiler wa:rants to tfie Buyer tfiat the Equipmen! to Oe delirer~d (~YERA6E ~ INTElttfEiEI1~F. Reprcsentations cor~ceming the di~ranEe which hereunder shatl confortn to its Qublished spetifications and be frce from defects in usab(e radio signalt wi(I Ee trensmitted and rtceired br the Eqaiprna~t supp~itd ~naterial, workmanship and title. The forego+rtq ~varrantr is ezclusive of all other hereunder shall not be binding upon the Selkr unless reduted to writing a~d made +rarranties whether written, oral or impl'sed Iincludinq any warrant of inerchantabi;ity a part of the Agrm;~~t. Radio srstemt are wbject to degradation of serviee from cr fitness for purposel. If it aFpears within one year from tt~ date of shipmant by na;ural phenomena wch as so talled "Skip" interference mnd othe~ causes beyond the Seller that the Equiprr~er~t delirered hereunder dces not meet t~e warrantr ffie reasonab{e control of the Selier suth as motor iqniiion srtd other elettrical nc~se, specified abore, and the Buper notifias the Seller promprlr, the 5elltr stw!! thereupon and interfecente from other uun assignsd by tht FCC to the same or adjacent correck any defect, including nan~contormance with the Specifications, and at its frequencie~, TNE SELIER CANNOT BE RESPON5IBLE for interference ur disruption of eption ei~her by repairi~g any defective part or parts 6y makiny arailable at the service caused br operation of othe~ radio s~stems or 6y natu~al ~henomena or by Seller's Plant a repaired or repiacemer,t parf. if the E~uipment is insta~led by motor ignition or othe~ interfzrence orer which there is no reasonable control. Such the Seller, or its i?~stalfation is wpervued by the 5e{ler, said warraatr shall be one foregoir.g intere;erence and noite car+ be minimiied by addition of cor,eclive devices year fram the dat~ of the complefian ef the insiallation prorided same is not lAT BUYER'S EXP'ENSEI adapted for particular loca~+ons and installations. Seller unreasoc?ably delared by the Burer but in no erent shall it extend 18 monfhs will ma~e recommendations as to the use of such derices, however, total freedo^~ beyond the ~~iqinat shipment date by ihe Selfer. Not withstanding any other p~o• from noise and inter(erence cannof be guaranteed. ~isian ot the paragraph, tubes, semicon~uttor derices and ribrators are warrnn~ed Eor 4~J ~aps and pilot lights and fuses are warronted to be operable upon ar~iral 5. 1'AXES b fEfS. Buyer shall promptly pa~ a(I taxes, asses~ments, lictns~ fees an~± anly. The I:abilitY of the Seller to the Buyer (except as~to title) arising out of the ct;,er charges when leried cr assessed agains~ Eq~ipment or ine ownership or use supFlyir.g of the fGuipmtnt or its use, whether an warrantY; coqtratt ar neg(;qence, thereoi, ar this centratt o~ any atcompanping rote. shal! not in any case exceed the cost of correcting defectt ia ihe Equipmail as herein 6. DEFAUIT, If Buytr shail default in paymen! of any of 1he installment; due under provided and upon ezpiration of said warrantY pericd, all surh liabiiitr shall termi• natr. Ttie fore~~~ny warrarip does rat applr to aay used E~;si~;nent a^d the Sel(er this agreement or if Bu7~;_~o~s insolvent, ceases to do ~usiness as a g~ing does not waRant any Equipment manufactured 6r anr oiher rriartufactvrer ar?d a ~oncern, makes an assignment ior ine ueneiit o( tre~iiturs, ur if a ~ztit~;,~~ for a ~varrant~ for anr suth Equipr~ent will b~ that manufacturer's slar~dard warran~y rece'~er or in bankrupity is filed 5r or against Buyer or shoufd ~urer breach torering the Eqaipment, if any. The performance of the E~uipment and the obliqations a~y of the terr,±s or conditians of this a9reement, the entire unpaid balance sha!! of the Seller under thi, warronty prouision is conti~gent upon a systemafit proqram at o^ce become due ard paraDle, at #he elet~ion cf Sefler, or Seller mar, afte~ giring of rouiine maintenance by a quatif~e~ cor~mun+cations techrsitian holding a first or Buyer 1 C days written notite, by procets of law or othtrwise, take possession of said srcond class radio telephone or telegraph operater s license in accordance ~sith FCC Equipment, remorinq so much Ihereof as SeNer in its sole discreficn maq determine, ce~7uiation. The nature of elettronic communication equipment is such that routine and retain all monies paid for the reasonabEe uu af saiQ Equipment. Seller mar there~ naint~iance by a quatified tecfiRitian is essential t~ raliable operation an~ minimized upcn setl said EQuipment at public ar privaPe sale anG apply the proceeds after ded~ct~ ~naintenartce tost. ihe forcqoinq shal! tanstitute me sole remedy of the Buyer and ing ezpenses and liens, to tt?e payrnent of uid indebledness, and pay the surFlus, if the sale liability af tfie Seller. any, to Buper. In case of a defidenty Buyer wul pay the tame at once. All rights and 1. 11M11AT10N OF UABILIP(. The Seller's liability on any other claim for toss or reme~ies herein contained arc cumulatire and not alternative, Waiver of any defaulf 1'wbility arisinq eat of or connected with this contract, or any cb{i~ation r~sulting shall not be a wairer of any other defauli. therefrom, or the manufaeture, sale, delivtry, resale, repair, or ose of any Equipment cov2red by th+s coi9ract Iincludirtg btit not linited to, loss or liabilitr arising from 1• INSU~AN6E. While title to Equipment remains in $eller, 8uyer shall be respontible dreath of canfract) shall in no sase excced the unit price of such Equ~pment or pass durinq 1he term of this contratt for foss ur thefE of or damaqe to ai( Equ~pment thereof imalved in the claim, exce~t as prorded in the paragraph entiHed "Patents". herein purchased a~~d shalf rtaintain f've ard extended coveraqe ins~rance on Equip- 3. PATE1fTS. The Seller shall defend any suit or proceedinq brought against the meRt for its fuil iruurable rafua, with loss payahle to Seller or its au'sgns ar~i Buper 6uper so far as based on a ctaim t~at any Equipment, or any part thereof, fumished as their interesft may appear and to report anr tuch loss immediately to ihe Se11er. arrder this cortfirac? cans~it~tts an infr~ngement of anr patent of the Unitsd States, !f Seiler so requi~es, Buyer s~hal! ~elirer to Selier policies or certificates of insurance ifi rotified promptly in writing and given authority, information and assistante (at the e~idencing such ceverage. Each polity shali provide fo~ ten (101 days written notice Seller s expensel for the defense of sa:ne, and the Selfer sha11 pay nll damages and fo Seller er its assiqns of the caocellation or material madification thereof. If any casts nwarded tfierein against t~t Buyer. (n case said Equipment, cr an~ part unit ef equipmenf irnluded in this contract is destroyed, loaned or stolen, Buyer thereof, is in such suit h~?d ta constitute infriry~,»ent and the use of said fGu+pment agrees to either pay the Seller for its value ar~d delete the t~r.;t from fhe confiract or part is ~njomed, the Seller sha;i, at it5 own expec+s~ either procure for the Burer ar purchase a new r~placement un~t to subs#itute for such un+t on the eonfract. the right to continue using said Equipment or part; or repl~ce same wiifi r.on~infringir,g Equ~pment; or modifY it so it betomes non~infringing, or remore said Equipment and S. FCC. Buyer shafl obtain all necessary permits and licenses from ttie F~C, or anr reFund the purchase prite or so much of it as has been paid, and the transportation atner Federal, State or local gorernment a~nty, Buyet shall at ali times be ~espor~ and instatlation tosts th+~rec6. The forec~oing states the entire liabilitr of the Se"er sihfe lo the FCC for tire proper operatic~ of the Equipment and for tomptia~ce with fx p~tent infrinqement br said Epuigmtnt or anY part thEreaf. FCC Ruies and Regala!ioas, includinq an~ frequentr changes cr r~od~ficat+ons. { I ~ 'JJ'~R V~ Mt statrs whece etknowt~dga~rtf o~ a~"iderit is necaury for flin~ or retording, insert n~cess~.ry ~ckr,~w"ed,~^ert c~r ?~i~'avit ab~~ve.