OPEX CORPORATION 1 - 2002 - Laserfiche WebLink

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6. SITE PREPARATION, INSTALLATION. 6.1 Site Preparation, Purchaser shall prepare and make available a safe and suitable place for installation of the Product(s). Preparation of the installation site shall include the responsibility to provide prior to the installation date all electrical and other utility services required for proper installation. Purchaser shall provide to OPEX the name and phone number of an individual located at Purchaser's installation site who shall be responsible for coordination of the installation of the Product(s). 6.2 Installation. The Product(s) shall be installed by OPEX anywhere within the United States at no additional charge. Installation shall be deemed completed upon successful conclusion of OPEX's standard test procedures. OPEX shall be under no obligation to install equipment unless the site is properly prepared and the Product(s) and site are made available to OPEX on delivery. In the event that OPEX arrives to install the Product(s) and the site preparation has not been properly completed, Purchaser shall be responsible for all additional costs and expenses incurred by OPEX as a result thereof; provided that Purchaser shall have the right, by written notice to OPEX given at any time prior to five (5) days before the scheduled date of installation to delay the date of installation for a period of not more than ten (10) business days, if after diligent efforts Purchaser is not able to complete the site preparation. OPEX does not accept responsibility to connect OPEX Products to equipment not approved by OPEX. Should OPEX at its option, connect these products, OPEX shall have no liability for any damage which may result. 6.3 Failure to Complete Site Preparation. In the event that Purchaser fails to complete the site preparation within the time periods above, allowance being given to Purchaser's right (as set forth above) to extend the installation date by not more than ten (10) business days, interest shall accrue in accordance with Paragraph 2.2 above, on the unpaid balance of any payments due hereunder from the last scheduled date of installation until the date installation actually begins. 7. WARRANTY: LIMITATION OF WARRANTY AND REMEDIES. 7.1 Equipment Warranty. OPEX warrants that it owns the product(s) and that it shall transfer good title to the Product(s) to Purchaser. OPEX further warrants that it shall repair or replace defective parts, including labor, and shall perform preventive maintenance at no cost to Purchaser for the following periods of time, all commencing from the date of delivery: For the Model 51 ninety (90) day. Labor during the warranty period is limited to OPEX's standard maintenance hours, 7:00 AM to 3:00 PM, Monday through Friday, excluding OPEX holidays. 7.2 Service Warranty. OPEX warrants that service will be performed in a good and workmanlike manner, based upon commercially reasonable practices and standards. 7.3 Limitation. THE FOREGOING EXPRESS WARRANTIES ARE EXCLUSIVE AND MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPEX SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, THE PRODUCTS OR SERVICES SOLD HEREUNDER, OR THEIR USE BY PURCHASER, AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PROPERTY, PERSONS, OR OTHERWISE, TO THE FURTHEST EXTENT PERMI']-I'ED BY LAW, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, THE PRODUCTS AND SERVICES HEREUNDER, OR OPERATION OF THE PRODUCTS WHETHER OR NOT OPEX HAS ACTUAL KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. PURCHASER AND OPEX AGREE THAT PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO DAMAGES IN AN AMOUNT NOT TO EXCEED