R96-176 ACCEPTING PROPOSAL - Laserfiche WebLink

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' � � JAN 08 '97 10�49AM 770 392 9199 P•2i2 � � , 11.2 Upoz�receipt o#ir►voices from Da'ra�Dto,the Customer will make payments to DA'ratta�o follows: (a) An initial payme�nt of$51,869.00(20%)of the Contract Price prompdy upon � receipt of an invoice from DATaStADIO; � (b) $131,292.00 upon delivery of Products to the Delivery Point; � (c) $50,520.00 upon the performance of Services as completed;and , (d) $25,665.09 of the Contract Price upon System acceptance. 11.3 After the initial payment in 11.2(a),each invoice presented by DATAItADto to the � Custamer in accordance with this Agreement will be due and payable to DATAita,Dlo ; within 30 days after the date of such invoice. I 12, Ac�eptance Testing 12.1 After the Products are instaIIed,and at a tune mutually agreed upon by the parties,such i date in no event to be more than 10 business days after completing installahon of the � Pzoducts,acceptance testing will be cenducted according to the acceptance test � procedures prepazed by Da.T�DTO,as set out in Attaclunent E to this Agreement. i 12.2 Upon the earliest of the following happening,the System Acceptance Date shall have � occurred or be deemed to have acurred: � � (a) the date that the Customer signs and delivers a certificate of acceptance prepazed I by DATARADIO for this purpose; ! (b) the date when the System has been installed and the Custozner puts the System to � use in a Commercial Manner; I (c) the date which is 30 days from the date agreed upon for the stazt of the 1 � acceptance testing,where the start of the acceptance testing is delayed by some � failure on the part of the Customer to perform any of the Customer's obligations � that aze prerequisites to performance of the testing,including providing access to ; the System to DATARADIO. , 12.3 The C�istomer will not refuse to accept the System solely for the reason that it fails to � conform with the specifications,requirements and functions set out in the Contract in an ; insig�ificant respect,provided that DArwtt�aDto provides a plan of action to cure such iinsigmificant non-conformiry with reasonable dispatch. 13. Wairanty i 13.1 Da1'aIt�nDlo warrants that Hardwaze of its manufacture supplied under this Agree,ment � will be free of defects resuliing from defective materials or workmanship. The Multi Site � Controller has a warranry of 12 months from System Acceptance Date. Other DATaR.aDto ' products are wancanted for a period of 24 months from System Acceptance T�ate. The ' warranty period fo=Hardwaze supplied after System Acceptance Date shall begin upon date of shipment. DnTnRADIo will provide,at its option and without charge,replacement ; parts or repairs for Hardwue which Eails as a d'uect result of defective materials or . workmanship within the warranty period. DaTnIt�►Dto shall provide warranty service ! either at a DATatu►D�o service center or the Ctiastorner's site,at the option of DnTnItADIo. If defective Hardware is retumed to Da►�nRnpio,the Customer will bear the cost of � returning such Hardware to a DaTARnDio service center and DnTARnDto will bear the � e�o��y�ad�.��n�de�s�� 5 I