COMMSYS, INC. 1 - 2006 - Laserfiche WebLink

Home Browse Search

3. Payment Customer shall be billed upon shipment for any Products sold and upon completion for services performed, except that CommSys, at its discretion, may require monthly progress payments for activities or tasks requiring more than thirty (30) days to complete. Payments shall be made as stipulated without any deductions, including, but not limited to, deductions for any alleged damages or claims arising under this Agreement or any other agreement. Payment terms are net thirty (30) days from date of invoice. Payments not received within thirty (30) days of date of invoice shall be subject to a late payment charge of one and one- half percent (1 1/2% or 18% annually) or the maximum rate allowed by law, whichever is lower, and/or CommSys may suspend performance of services without liability to Customer until payment of any overdue amount is made in full, including any interest charges. CommSys reserves the right to demand different payment terms if CommSys determines that circumstances warrant such measures. Customer shall be liable to CommSys for all expenses relating to the collection of past due amounts: Customer agrees to pay all applicable sales taxes that may arise as a result of the pertormance of any services by CommSys 4. Limited Warranty For a period of sixty (60) days from provision of the Products or services, CommSys warrants to Customer that Products and services provided will be performed in a workmanlike manner in accordance with applicable commercial standards. Customer understands that warranty covers the performance of the product and not the services associated assisting the Customer in use of the product. Those services, as well as updates and changes to the software, are available to the Customer via a support and maintenance agreement attached as Exhibit C. The foregoing warranties shall apply provided that (a) any software or other materials developed by CommSys have not been modified, unless authorized by CommSys in writing; (b) there has been no change in the computer equipment on which CommSys installed any software, unless authorized by CommSys in writing; (c) the computer equipment has sufficient capacity, is in good operating order, and is installed in a suitable operating environment; (d) the nonconformity was not caused by Customer or its agents or other third party; (e) Customer promptly notifies CommSys of the nonconformity after discovery, and (f) all fees due to CommSys have been paid. CommSys makes no warranty or guaranty with respect to any third-party equipment, hardware, or software beyond that offered by such third party. ©Copyright 2006 CommSys Incorporated Page 2 Proprietary & Confidential Information