2007-293B - Laserfiche WebLink

Home Browse Search

15. Inspection Upon Delivery. Buyer or Buyer's designated representative shall assume full responsibility for immediate inspection of each delivery. Shortages and damaged materials claims must be reported to the Seller within forty-eight (48) hours of delivery. Liability for replacement costs reported later than specified is hereby accepted by the Buyer. A manifest (listing all materials) is provided with each shipment to assist the Buyer in the inspection. 16. Assignment. This Agreement is not assignable by Buyer and Buyer's duties hereunder are not delegable without Seller's written consent 17. Waiver. No waiver by either party of any default under this Agreement shall be deemed a waiver of any subsequent default. I8. Notices. Any notices required to be given under this Agreement or by any applicable provision of the Uniform Commercial Code of the State of Wisconsin, or other law, shall be given to Seller at its principal place of business at 216 Wilburn Road, Sun Prairie, Wisconsin 53590, and to Buyer at addressed checked in section 27. 19. Entire A�eement_ a. All terms and conditions of this Agreement are specified herein, and include the terms and conditions contained in all attached schedules, specifications and drawings. This Agreement contains the entire agreement between the parties with respect to this subject matter hereof, and supereedes all prior communications, representations, or agreements between the parties, whether verbal or written, including any printed terms and conditions which may appear on Buyer's or Seller's purchase orders, invoices, or other forms to the extent such terms are different or inconsistent herewith The rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. b. The validity, illegality or umenforceability of any one or more provisions of this Agreement shall in no way affect or impair the validity, legality or enforceability of the remaining provisions hereof which shall remain in full force and effect. 20. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with, the taws of the State of Wisconsin, without regard to conflicts of laws principles. 21 . Acceptance. This Agreement shall not be binding until signed by Seller at its offices in Sun Prairie, Wisconsin. This Agreement is voidable, in Seller' s sole discretion, if not accepted by Buyer within thirty (30) days of the date of issuance set forth on page one of this Agreement. 22. Authority. The person signing this Agreement on behalf of Buyer warrants and represents that he/she is the duty authorized agent of Buyer, entitled to sign this Agreement and to make same binding on Buyer. If so requested by Seller, Buyer shall promptly submit to Seller a certified copy of any documentation deemed by Buyer to demonstrate the authority of Buyer's agent or representative to affix his/her signature to this Agreement. 23. Cumulative Remedies. All of Seller's rights hereunder are separate and cumulative and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall not limit or prejudice any other legal or equitable right which Seller may have. 24. Consent to Jurisdiction and Venue. Seller and Buyer agree that any legal or equitable action for claims, debts or obligations arising out of, or to enforce the terms of, this Agreement may be brought by Seller in the Federal District Corot of Wisconsin, Western Division, or in the circuit court of Dane County, Wisconsin and that either court shall have in personant jurisdiction over the parties and ventre of the action shall be appropriate in each court. 4225.sff.0807 Page 3 of 4