Laserfiche WebLink
from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an <br />additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall <br />provide packaging and prepaid shipping labels for Products not Accepted. No charges for <br />Products rejected shall be paid until Acceptance has taken place. <br />17. Payment <br />Payment after Acceptance is due within 30 days following the date the Product is delivered or <br />installed, or the date a correct invoice is received, whichever is later, unless otherwise specified <br />within the Order. After 45 days the Contractor may assess overdue account charges up to a <br />maximum rate of one percent per month on the outstanding balance, unless a different late <br />payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by <br />applicable law. Payments will be remitted by mail or electronic funds transfer (EFT). Payments <br />may be made via a State or political subdivision "Purchasing Card" with no additional charge. <br />18. Warranty <br />The Warranty section below shall not apply to Category 3 Products from the solicitation. The <br />Warranty for Category 3 Products shall be described in a separate exhibit or contractual <br />document, agreed to between the Purchasing Entity and the Contractor and no less than one (1) <br />year. <br />Unless specified in any other contract document pursuant to this Master Agreement, this <br />Warranty section governs. The Contractor warrants for a period of one year from Acceptance <br />that: (a) the Product will perform according to all specific claims that the Contractor made in its <br />response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such <br />Product is used, (c) the Product is suitable for any special purposes identified in the solicitation <br />or for which the Purchasing Entity has reasonably relied on the Contractor's skill or judgment, (d) <br />the Product is designed and manufactured in a commercially reasonable manner, and (e) the <br />Product is free of material defects. Upon breach of the warranty, the Contractor will repair or <br />replace (at no charge to the Purchasing Entity, including, packaging and prepaid shipping labels) <br />the Product whose nonconformance is discovered and made known to the Contractor. The rights <br />and remedies of the parties under this warranty are in addition to any other rights and remedies <br />of the parties provided by law or equity, including, without limitation, actual damages, and, as <br />applicable and awarded underthe law, to a prevailing party, reasonable attorneys' fees and costs. <br />19. Title of Product <br />Upon Acceptance and payment by the Purchasing Entity, Contractor shall convey to Purchasing <br />Entity title to Equipment free and clear of all liens, encumbrances, or other security interests. <br />Transfer of title to the Equipment shall include an irrevocable and perpetual license to use any <br />Embedded Software in Equipment purchased. If Purchasing Entity subsequently transfers title of <br />the Equipment to another entity, Purchasing Entity shall have the right to transfer the license to <br />use the Embedded Software with the transfer of Equipment's title. A subsequent transfer of this <br />Embedded Software shall be at no additional cost or charge to either Purchasing Entity or <br />Verize2SX123t A <br />