R96-176 ACCEPTING PROPOSAL - Laserfiche WebLink

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, _ , � , cost of delivering the repaired or replacement Hardware to the Customer. The Customer will be responsible for all damage to returned Hardware or components resulting from unproper packing or handling by the Customer,and for loss in transit,notwithstanding any defect or non-conformity in the Hardware. 13.2 The wananty provided above is a limited warranty and does not apply in the following circumstances: `' (a) the Hardware has been damaged by misuse,accident,negligence or failure to provide and/or maintain the environmental requirements for such Hardwaze specified by DATARADIO; (b) the Hardware has been damaged by modifications,alterations or attachments, made by the Customer,and not authorized by DATARADIO;or (c) the Hardware has not been installed and/or operated in accordance with DATARADIO�s instructions. 13.3 DATARADIO warrants radio coverage at the time of installation only when DATARADIO has engineered the installed System. 13.4 Equipment and accessory items not manufactured by DATAxp,DIo carry the standard warranty of the manufacturer thereof. 13.5 DAT.�xADIo wanants the Software according to the terms and conditions of the warranty set out in the Software License Agreement. 13.6 The warranties in Subsections 13.1,13.3 and 13.5 are the sole warranties made by Datazadio with respect to the System,and Dataradio makes no other warranties or representations,express or implied,with respect to the System. Dataradio disclaims and excludes any implied wananty of inerchantability and any warranty of fitness for a particular purpose. The Customer acknowledges that there are no warranties that extend beyond the warranties described in this Agreement,and that the warranties in Subsections 13.1,13.3 and 13.5 are not transferable. 14. Remedies of Dataradio 14.1 If the Customer fails to make payments when due,the following shall apply: (a) DAT�uDIo may withhold further delivery of Products and Services until the default is remedied;and (b) all wananties and obligations of DAT.�RAD�O relating to the Products shall automatically terminate. 14.2 If the Customer fails to pay an invoice within 30 days of the date of the invoice, DATARADIO may charge the Customer interest on the overdue amount,from the date such amount became due,at the rate of the lesser of 1.5%per month,compounded monthly(yielding an equivalent rate of 19.56%per annum)or the maxunum interest rate permitted by applicable law. 14.3 If a petition in bankruptcy shall be filed by or against the Customer or the Customer shall be adjudicated a bankrupt or insolvent or shall have made an assignment for the benefit of creditors or shall take advantage of any law for the benefit of debtors or if any action is commenced against the Customer to cause its assets to be placed under trusteeship or receivership or liquidated for the benefit of creditors or if the Customer voluntarily or by � g:\otLce\melynda\agreemen\decetur 6