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11 <br />12. <br />13. <br />14. <br />15. <br />Basic Service Warranty Terms <br />warranty expiration date OR FAAC will perform a Simulator Inspection at the customer's site. The <br />customer will be charged time and material rates plus per diem and travel expenses for such a visit. <br />In cases where support is provided while there is a lapse in coverage, the customer may be billed for <br />all labor, material, travel and per diem costs associated with the support. <br />ASSIGNMENT <br />Neither FAAC nor the customer shall assign or transfer all or part of their rights or obligations under <br />this warranty without written consent of both parties. <br />DISCLAIMER OF WARRANTIES <br />This warranty supplements the standard warranty included with purchase of the system, and is in <br />lieu of all other warranties, express or implied, including, without limitation, any warranties of <br />merchantability or fitness for a particular purpose. <br />LIMITATIONS OF REMEDIES <br />The sole remedies for FAAC's liability with respect to service or any other action provided by <br />FAAC under or pursuant to this warranty shall be limited as follows: <br />a. In no event shall FAAC's liability to the customer for damages of any nature exceed the <br />total charges paid or payable for services under this warranty. <br />b. The customer agrees that FAAC shall not be liable for any special, incidental, indirect or <br />consequential damages or for the loss of profit, revenue, loss of use, or data, even if FAAC <br />shall have been advised of the possibility of such potential loss or damage. <br />No action arising out of the performance of this warranty may be brought by either party more than <br />one (1) year after the cause of action arises, except that an action for non - payment may be brought <br />within two (2) years of the date of the last payment made. <br />CONTRAVENING LAW <br />Should any term or provision contained in this contract contravene or be invalid under applicable <br />law, this contract shall not fall by reason thereof but shall be construed in the same manner as if <br />such provision were deleted. <br />GOVERNING LAW <br />The rights and duties of all persons and the construction and effect of all provisions shall be <br />governed by and construed according to the laws of the State of Michigan including the Michigan <br />Uniform Commercial Code. <br />Revised 04/07/2008 <br />