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This warranty shall not apply to:
<br /> A. Any equipment which has been subjected to misuse,neglect,or accident;
<br /> B. Any equipment which has been altered,tampered with,or upon which corrective work has been done thereon without
<br /> Lakeside's specific written consent;
<br /> C. Any equipment which has been operated or maintained in a manner which in any way deviates from the maintenance
<br /> schedules,specifications,and parameters set forth in Lakeside's Operator's Manual for such equipment.
<br /> D. Fuses,lights or other standard wear items.
<br /> E. Electrical damage due to overvoltage conditions.
<br /> F. Damage to machine or components due to lack of implementing the Recommendations on Short-term
<br /> and Long-term Storage of Equipment guidelines.
<br /> No allowances will be made for any such alterations or corrective work done without the specific written consent of Lakeside.
<br /> Conditions caused by improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive
<br /> materials, do not constitute defects. Equipment manufactured by others, and included in Lakeside's proposal, is not warranted in
<br /> any way by Lakeside but carries only that manufacturer's warranty, if any. No representative of Lakeside's has any authority to
<br /> waive,alter,vary,or add to the items hereof without prior written approval.
<br /> THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND
<br /> WARRANTIES OF QUALITY, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES,
<br /> INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE ARE HEREBY
<br /> EXPRESSLY DISCLAIMED.
<br /> SECURITY INTEREST: Until all amounts due hereunder have been paid in full, Seller has a security interest in the equipment
<br /> and has all rights of a secured party under the Uniform Commercial Code including,without limitation,the right to take possession
<br /> of the equipment without legal process and the right to require Buyer to assemble the equipment and make it available to Seller at
<br /> a place reasonably convenient to both parties. At Seller's request, Buyer shall execute any financing statement or statements
<br /> submitted by Seller in order that Seller's security interest in the equipment may be perfected.
<br /> PROPERTY INSURANCE-RISK OF LOSS: You shall provide and maintain in responsible insurance companies, at your own
<br /> expense, insurance against loss or damage to the equipment by fire or other casualty from and after the time of delivery to the
<br /> carrier at point of shipment. Upon request you will provide certificates evidencing such coverage. Such coverage shall be for the
<br /> amount of this contract, shall cover the equipment specified herein, and losses, if any, shall be payable to us as our interest may
<br /> appear, under Union or Standard loss payable endorsements. Irrespective of such insurance coverage, you shall bear the risk of
<br /> loss resulting from any and all damage or injury to the shipment from and after delivery to the carrier at point of shipment. If you
<br /> should fail to provide such insurance,we may obtain the same and the cost of the premium therefore shall be added to the purchase
<br /> price.
<br /> CHANGES &DELAYS: If you cause changes to be made, or delay or interrupt the progress of the work,you will reimburse us
<br /> for any additional expense resulting from such cause. Any of such changes or delays which may adversely affect the operation of
<br /> the equipment will nullify our warranty unless we consent in writing thereto.
<br /> Our proposal is based on present day cost of materials and furnishing our equipment in accordance to our schedule indicated
<br /> above. If delays greater than 90-days are experienced for review/approval of shop drawings or if there is delay on release of
<br /> equipment to go into fabrication,you will reimburse Lakeside for any additional expense that may result from such cause.
<br /> Shipment must be accepted when ready to avoid storage charges. If refused when ready, storage plus handling charges will be
<br /> added to the above price. Partial shipments must be accepted when ready and paid for in accordance with terms shown above.
<br /> DELAYS: We shall not be liable for delay in delivery caused by any reason beyond our control,including but not limited to your
<br /> delay in promptly submitting all information necessary for us to proceed with the work,your delay in approval of drawings,acts of
<br /> God,casualty,civil disturbance, labor disputes, strikes,transportation,supply difficulties, any interruption of our facilities, or any
<br /> of the governmental authorities. The time for delivery specified herein shall be extended during the continuance of such
<br /> conditions and for a reasonable time thereafter.
<br /> PATENTS: We agree to indemnify you against any charge of infringement of any presently issued apparatus patent by reason of
<br /> the use or resale of the equipment sold to you under this contract;provided however,that:
<br /> A. Such charge relates exclusively to something which we designed or selected,and
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