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Quotation Date: 12/16/2016 Inquiry Number: 25320 Page 4 of 4
<br />for the modification, servicing or adjusting of said equipment after the same has been delivered to Buyer. Seller is not liable in association
<br />with its warranty or in any other capacity for any consequential, incidental or liquidated damages, late fees/damages or penalties.
<br />8. CLAIM PERIOD- Buyer shall immediately inspect said equipment upon receipt thereof and immediately notify the carrier of any
<br />damage, shortage or other nonconformance. Seller is not obligated to consider any claim for damages, shortages or non-conformance
<br />unless noted by Buyer within ten (10) days after Buyers receipt of said equipment.
<br />9. CANCELLATION- Should Buyer cancel this agreement without Sellers prior written consent, Seller may, at its option, recover from
<br />Buyer a cancellation charge of not less than 20% of the purchase price hereunder. This cancellation charge is intended to compensate
<br />Seller for difficult -to -calculate economic losses, including but not limited to, material and labor costs, as well as loss of anticipated profits
<br />suffered due to cancellation.
<br />10. SEVERABILITY — If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with
<br />the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired
<br />thereby.
<br />11. STORAGE- If at such time, within or after the estimated shipment period specified herein, as Seller notifies Buyer that said equipment
<br />is ready to be shipped Buyer requests a delay in shipment, Seller may, at its option, agree to store said equipment for a period of time
<br />determined by Seller, provided that such agreement will not affect Buyer's obligation to pay in full all invoices as they become due, and
<br />provided further that for each month, or portion thereof, said equipment is so stored by Seller, Buyer shall pay to Seller as a storage fee an
<br />amount equal to 2% of the purchase price.
<br />12. DRAWINGS, ILLUSTRATIONS AND MANUALS- Catalog and proposal drawings, bulletins, and other accompanying literature are
<br />solely for purpose of general style, arrangement and approximate dimensions. Seller may make any changes Seller deems necessary
<br />or desirable. Submittal for approval, if required, will be made after receipt of complete information from Buyer. Unless otherwise
<br />specified at the time of quotation, six sets will be furnished. Additional sets are at $25.00 per set. Installation, maintenance and
<br />operation manuals will be furnished in the number of copies specified at the time of quotation. If none specified, four will be provided at
<br />no added cost, with additional copies at $50.00 each.
<br />13. PERMITS, LICENSES- Buyer at its sole cost and expense shall obtain all building or other permits or licenses with respect to the
<br />installation and operation of said equipment required by any federal, state or local govemmental body.
<br />14. PATENT INDEMNIFICATION- Seller shall, at its own expense, defend any suit instituted against Buyer, based on any claim that
<br />equipment furnished hereunder infringes any Letters Patent of the United States, and Seller shall pay any damages assessed against
<br />Buyer in any such suit, provided that Buyer, upon service of process upon Buyer, gives to Seller notice in writing of the institution of such
<br />suit, and permits Seller, through counsel chosen by Seller, to defend the same, and gives Seller all information in Buyer's possession and
<br />reasonable assistance and authority to enable Seller so to do. Seller shall have no liability or obligation to Buyer for patent infringement
<br />resulting from compliance by Seller with written instructions or specifications of Buyer concerning the structure, operation, material, or
<br />method of making equipment fumished hereunder.
<br />ldl.
<br />Agreed to this J day of
<br />Agreed to this d 7. day of
<br />;1U/ _ at Lenexa, KS.
<br />Buyer
<br />By
<br />Print Na
<br />By
<br />Authorized Sig
<br />/flab , �Sffieet v�av�
<br />Address
<br />Is this purchase tax exempt? Yes X No_
<br />If YES, attach Sales Tax Exemption Certificate. Failure to provide
<br />tax exempt certificate prior to shipment will result in Buyer being
<br />responsible for all applicable taxes.
<br />SMITH & LOVELESS, INC.
<br />By
<br />Authorized Signat e
<br />A�� l .aoi7
<br />Prepared by
<br />Sales Representative
<br />NOTE: The Sales Representative is not an agent or
<br />employee of Seller and is not authorized to enter into any
<br />agreement on Seller's behalf or to bind Seller in any way.
<br />APPROVED AS TO FORM
<br />AND LEGAL SUFFICIENCY
<br />BY
<br />DYLAN REINGOLD
<br />COUNTY ATTORNEY
<br />
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