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Home My WebLink About1753 • ~ DDITION~L TERMS ANO CONDtT10N~ . ' 1. MARUNII. The Sr!!rr warrants ta ihe Suyer that tl~ ~quipment lo bt delirered COYEtA~ b fNTE~. Representations catterning thi ~distance i~;which' hereunder shafl conform to its published specificetions and be free from defats in usable ralio i~gnals will be transmitted and rcteired bp tfie Equipmept wpF.:~td material, workrrw~ship ~nd t~le. The foreqoinq wananty is exclusire of all other hae~der shall rtat be binding t~on the Selkr untess redutted to :~ritin~ and made ~ warrantia wbeMer wtitien, oral ot implied (intiuding any warrant of inerchantabilih a part af the Aqrcema?t. Rad'a s~sttms arc subject to deqradation o~ serrice from or fitreu far purposel, !f if appeaa Mithin one rear from the Oate of shipmant br natur~l phenomena wch as so called "Skip" interfaence and otl~er wuits beYo~d t~e Seller that th~ Equ'~pnknt deliverod hereundes doa not mcet the wa~ranh the reasonabk control of the kller wdi as motor iqnition and att~er datrical noiu, specified abore, and the Buyer ratifies the Seikr promptly~ the Sdkr shall thereupon and intaference from other users assiqned b~ the f~C to thc same a adjacen~ correct any defect, i~ctudin9 non•conformance with the sptcificatans, and at its frtqutncie~s. TNE SEILfR CANNOT BE RESPOMSIBIE for interf~rena m disruption of option ei~her by reQairing anJr detettive part or parts by makinQ arailable a1 the urvice caused by operation of other r3io srttems or by nahuai phenomena or by Seller's Plant a repaired o~ replacement part. If the Equiprnent is installed by motor ignition or otha inte~fercnte ora wliKh thete i: no reasonable controt. Such the Seller, or :ts instaltation is wperyised br the Selkr, uid warrantr :hafl be one foregoing intereference a~d noise can be minimiied by addition of carrettire derica pear from the date of the completion nf the instaliation prorided same a nat IAt Bt1YfR'S EXPENSEI adaptcd for partitular locations and installatians. Seller unreasonabl~r ddayed by the Buyer but in no erent shal! it txtend 18 monfhs will makt recommendations as to the us;. of suth derices, howerer, total freedom beyond the original shiprt~ent date br ihe Sel{K. Hot withstandinq an~ other pro• from noiu and interference cannot be quaroeteed. risien of the paragroph, tubes, semitonductor derices aod ribrotors are warranted 5. rAXES i FEfS. Buyer shail prompN~t pay ali taxes, assessmenti, litense fees and for 90 days ~d piiot liyhts and fusa are wan~anted to be opereble upon arrival onlr. The liability of the Seller to the Buyer (e~ccept as to titlel arising out of the orher charges when leried or assessed aqainst Equipment or the cw~ership or use supplying of the Equipment o~ itt use, whether on warranry, contratt or negl~gente, or this tontratt or any accompanying nott. shall not in anr tase exceed the cost of torretting defetts in the Equipment as herein 6. BEFAULT. If Burer shall default in paymeni of anr af the installments due under proYided and upon expiration of ~aid wa~ranty period, all surh liabilitr shali tertni• nate. The foregoing warrantr dxs mot applr to anr used Eq~,ipment ~nd the Selfer this agrcement or if Burer becomes insolrent, ceases to do busine~s as a going does not warrent anr Equipmatt manufacturcd b~ any other manufacturer and a ~oncem, makes an assignment for the btnefit of creditors, or +f a pttition far a warr~t~ fot any such Equipment will be that manufacturer s standard warrenry n~eiver or in bartkrepity is filed b) or againtf Buyer or should BuYar breath coreriny the Equipment, if any. The perforrtwnce of the Equipment and the obl+gations any of the terms or conditi~ru of thit agreertirnt, the entirc unpaid balance shall of the Seller ander ihis warronh prorision is cont~qent upon n systematic program at once become dw and payable, a~ the election of kller, a Sellar may, after giving of routine maint~ante by a qualif'ied communications technician holdinq a first or Buyer 10 daYs writSen notice, b~ p~aat of !aw or otherwise, take possession of said saond clau radio telephone or tekqraph operotor s license in acco~dance with F~C Equipment, remorinq so much thereof as Setier in its sok d'acretiort may determiae, regulation, Tfie nafure of e{etfronic commun~wtian equipmmt is s~ch ~hat rautine and rctain all monits paid fcr tht reasonabk use of said Eqnipmdti. Seller may therc- maintenantt br a qaalified te~dmitian is as~tial to reliabk operation and minimited upon sell sai0 Equipmmt at public ~ prirate sale and appiY the proceeds after deduct- mainta~ance cost. The foregoing shall constitute tfie sok remedy of the Bu~er and ing expenses and liens, to the p~yment of said ~debtedness, and pay the surplus, if the sole Gability of the ~dlK. any, to Burer. In cau of a deficienc Bu a will y r pay fhe same at once. All rights and L UMITATiON Of tlAEILITY. The Sdkr`s liability on any othet claim for loss or remedies herein confiair?cd are cunwlatire and not alternatire. Wairer of any default I'~ilit~ arisinq out of or wnnected with tfiis coniract, or anr obliyation raulting shall noP be a wairsc of anr other de1a~lt. therefrom, or tht manufacture, sak, dd'+rery, resale, repair, ar ust of anr Eq~ipment carend b~ )his contract lincludiny but not limited to, loss or IiaDility arising from title to Equipment remains in ~elia, Buyer shall be responsible breach of contractl shall in ~w cau exceed the unit price of suth Equipma~t a part durinq the term of ~his carttract for lou or Hreft ef or damage ta all Equipmmf thereof inrelred in the tlaim, extept as prorided in ffne pa~ayeaph entititd "Patents". hertin purthased and shall maintain fin and s~ctended toreroye inwrance on Equip- 3. PATENTS. Th~ S~Iler 5hall defend any suit or proceeding 5rought agair~t t6e ment for its full insurable ralue, with lou payable to Seller o~ its assigns and Buyer Bu~er so far as baud on a claan that am E~uipment, or anr pa~t thereaf, fumished ~s their interests mar appear and to report any such loss immediately to the Se11er. under this contract ta~stitutes an infrinqtmant of any pafent of the United States, If Seller so requires, Bu7er shall ddir~r to Seller policies or certificates of inwrance if notified pr~mPtly in writinq and giren authority, information and assistance (at the evidencing such corerage. Eac~ polic~ shall proride for ten t10) days written notice Selkr's eapensel for the defense of same, and t~e Seller shali pay all damages and to Seller ar its assigns of the cancellation or material modification tfiereof. If any costs awarded therein aqainst the 8u~er. In case said EGuipmeel, ar any part unit of e~uipment included in this contract is destroyed, loaned or stolen, Burer thereof, is in suth suit hel~ to tonstitute infrirtgemenfi and the use of said Equipment agrees to either pay tht Scller for its rah~e arad dektt the unit from the tontract or part is enjoined, the kller shaN, ~t its own expenu aither procurc for the Buyer a purchase a new replacement u~it to substitute for ~uch wit an the contract. the riyht to continue usinq said E~uipment or part; or replace same with non•~fringing fquipment; or modif~ it ~o it becom~s nort-infrinqinq, or remove said Equiprr?ent ar,d 9. f6C. Bu~er shall obtain a11 r~casary pamits and litenses from the FCC, or ani relund the purchase price or so muth of it as has been paid, and the fransportation other Fcderel, Statt or local gorernment agency. Buyer thall at all tima be respon• and installation cosh ifiereaf. The forcgaing states the entire liability of the Seiler sible to Nse FCC for the proper operation of the Equipment and far tompliance with for pate~t inftinqement by said Equipment or nnY part ti~ereof. fCC Rafe; and Regulations, includirtq anr frcquenry chanqes or modiiications. soaxl~~ ~5~ I , . t,i's: i~~ . _ In stata where atkno~rkdgment a aff'darit is r!ecessary for fil~9 or record~ng, instrt nectssarv ~~kn~+W~^~-°- • ~