|
SUBMISSION
<br /> R Ar Page: 8
<br /> i r. CH '' Date:4/27/2023
<br /> 44# ELECTRONICS Price Valid Thru: 05/11/23 0155904-01A
<br /> The Power of Connection and Protection
<br /> labor agreement.The parties agree that this is a material term,and that Tech will rely on the Subcontractor's compliance with this provision.
<br /> 8.3 Third-Party Beneficiary.
<br /> Except as provided in Section 3.3,these Terms and Conditions and the Submission are solely for the benefit of the parties and their respective successors
<br /> and permitted assigns,and no other person has any right,benefit,priority,or interest under or because of the existence of this Agreement. The parties
<br /> hereby expressly disclaim any intention to create any third-party beneficiaries of these Terms and Conditions or the Submission or the Goods and
<br /> Services.
<br /> 8.4 Force Majeure.
<br /> Tech shall not be liable for nonperformance or delay in performance due wholly or partially to any cause beyond its control,including action or failure of
<br /> the government to act where action is required,strikes or other labor troubles,riots,power failures,interruption or unavailability of telephone service
<br /> fire,flood,lightning,earthquakes,or other acts of God. Replacement of the System necessitated by any such event will be at Customer's expense. The
<br /> Submission may be suspended or terminated,at the option of Tech or Customer,if Customer's premises or the System or any part thereof is destroyed by
<br /> fire,lightning or other catastrophe or so substantially damaged that it is impractical to continue to provide Goods and Services. Upon such suspension or
<br /> termination,an equitable refund of the service charges paid,but not yet earned,shall be made. Notice of termination shall be given upon written notice
<br /> given within ten(10)days of such event.
<br /> 8.5 Entire Agreement.
<br /> Customer acknowledges receipt of a copy of the Submission and these Terms and Conditions.The Submission(including these Terms and Conditions
<br /> and any other documents expressly incorporated by the Submission)constitutes the entire agreement among the parties pertaining to the subject matter
<br /> hereof and supersedes all prior agreements,letters of intent,understandings,negotiations,and discussions of the parties,whether oral or written. If there
<br /> is any conflict between the Submission and Customer's purchase order,or any other document or any oral agreements,the Submission will govern. No
<br /> conditions in the acceptance by Customer and no subsequent agreements or communications in any way modifying the provisions of the Submission
<br /> shall be binding unless signed by an authorized representative of Tech.
<br /> 8.6 Amendments.
<br /> The Submission may only be amended in a writing signed by both parties. No waiver of any of the terms and conditions contained herein shall be
<br /> effective unless such waiver is in writing and signed by an authorized representative of the party waiving such condition.
<br /> 8.7 Severability.
<br /> In the event any of the terms and conditions of the Submission are declared invalid or inoperative,all the remaining terms and conditions shall remain in
<br /> full force and effect.
<br /> 8.8 Governing Law.
<br /> The Submission and the rights and obligations of the parties hereunder are to be governed by and construed and interpreted in accordance with the laws
<br /> of the State of Illinois applicable to contracts made and to be performed wholly within Illinois,without regard to choose or conflict of laws rules.
<br /> 8.9 Waiver of Jury Trial.
<br /> EACH PARTY HERETO HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM,DEMAND,ACTION,OR CAUSE OF ACTION
<br /> ARISING UNDER THE SUBMISSION OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE
<br /> PARTIES HERETO OR ANY OF THEM IN RESPECT OF THE SUBMISSION OR TRANSACTIONS RELATED HERETO, IN EACH CASE
<br /> WHETHER NOW EXISTING OR HEREAFTER ARISING,AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. EACH
<br /> PARTY HERETO AGREES AND CONSENTS THAT ANY SUCH CLAIM,DEMAND,ACTION,OR CAUSE OF ACTION WILL BE DECIDED
<br /> BY COURT TRIAL WITHOUT A JURY.
<br /> 8.10 Notices.
<br /> Any notice provided pursuant to the Submission,if specified to be in writing,shall be in writing and shall be deemed given: (i)if by facsimile,hand
<br /> delivery or by delivery service,upon receipt thereof,(ii)if mailed,three days after deposit in the U.S.mail,postage prepaid;or(iii)if by electronic mail,
<br /> upon receipt thereof. All notices shall be addressed to the parties at the addresses specified in the Submission or at such other addresses as either party
<br /> may in the future specify in writing to the other.
<br /> 8.11 Binding Effect.
<br /> The Submission shall not be binding upon Tech unless approved in writing by an authorized representative of Tech. In the event of failure of such
<br /> written approval,the sole liability of Tech shall be to refund to Customer the amount paid to Tech upon the signing of the Submission.
<br /> 8.12 Disclaimers and Waivers.
<br /> These Terms and Conditions contain certain exculpatory clauses,disclaimers and waivers to which Customer has agreed. Those clauses are set forth in
<br /> Sections 8.9. Customer's signature on the Submission indicates its acceptance of and assent to such provisions.
<br /> End of Terms and Conditions
<br /> Tech Electronics of Illinois, LLC
<br /> 417 Olympia Dr., Bloomington, IL 61704 . 309-874-2700 . Fax:309-433-9099 . www.techelectronics.com
<br />
|