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Blue ITecheoinies <br />Swart Jolulloru <br />Legal and Professional Services <br />TERMS AND CONDITIONS OF SALES AGREEMENT <br />i. PRICES: Prices may be subject to change without notice until a purchase order is <br />accepted by BTSS. <br />PAYMENT TERMS: City will pay all monies in US dollars, due in accordance with the <br />stated terms. BTSS has no obligation to provide any additional notification of <br />amount due except for this agreement. If full payment is not made within the stated <br />time period, any discount will be voided and full retail price prevailing at the time of <br />sale will be due. Under all circumstances, overdue balances will accrue a late fee <br />charge on the outstanding balance at a monthly rate of 1Y2 %, 18% per annum. If you <br />pay your balance via credit card after 15 days of invoice date, a 3% credit card <br />processing fee will be added to the charge. <br />3. SHIPPING AND DELIVERY: Unless stated otherwise, the price is for pickup at BTSS' <br />point of business. Once delivered, all risk of loss is with the City . If City does not take <br />delivery within thirty days after notification by BTSS, this agreement may be <br />cancelled and City's deposit retained by BTSS as liquidation of damages. <br />a. DELAYS: BTSS is not liable to City for any damages, including consequential <br />damages, for any delay in or non -delivery due to anything beyond BTSSs' reasonable <br />control. <br />s. DAMAGES: BTSS will not be liable to City for any damage caused by goods or <br />services purchased by this agreement. BTSS makes no warranties of any kind <br />pertaining to the fitness for any particular use and shall not be liable for any loss or <br />damage, directly or indirectly, or from any training or training material received, <br />arising from the use of goods, or for consequential damages. <br />e. LIMITATION OF LIABILITY AND WARRANTY: BTSS SHALL NOT BE LIABLE TO CITY <br />FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR <br />PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES <br />FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF <br />REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE, WHETHER IN <br />AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, <br />NEGLIGENCE), OR STRICT LIABILITY, EVEN IF BTSS HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH LIABILITIES. BTSS SHALL NOT BE RESPONSIBLE FOR PROBLEMS <br />THAT OCCUR AS A RESULT OF CITY'S USE OF ANY THIRD -PARTY SOFTWARE OR <br />HARDWARE. IN NO EVENT SHALL THE AMOUNT CITY MAY RECOVER FROM BTSS <br />UNDER THE CONTRACT DOCUMENTS ON ANY THEORY OF LIABILITY EXCEED THE <br />PURCHASE PRICE OF THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS <br />I(I �9 r�eMfinartSolutions LLC, Confidential 1 7 — 1 0 7/20/2021 <br />7 Page 1 of 10 <br />