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B. Such charge does not arise as a result of any modification of the equipment by you or the combination thereof of you
<br /> with equipment furnished by others,and
<br /> C. We are notified in writing immediately upon receipt of such charge,and
<br /> D. We are given absolute control of the defense and the right to defend or settle such charge,and
<br /> E. We are allowed to make such changes in the equipment as we deem necessary for the purpose of avoiding
<br /> infringement.
<br /> CLAIMS: Claims for errors or shortages existing prior to our delivery of the equipment to the carrier will be considered only
<br /> when made to us immediately after receipt of shipment. Claims shall be confirmed in writing. Buyer shall immediately inspect
<br /> the equipment upon receipt thereof. Seller is not obligated to consider any claim for shortages or nonconformance unless notified
<br /> thereof by Buyer within twenty (20) days after Buyer's receipt of equipment. Modifications to the equipment furnished by
<br /> Lakeside to meet OSHA or local safety codes will be by others. Seller will supply only the safety devices,if any,described in the
<br /> order. LAKESIDE EQUIPMENT CORPORATION assumes no responsibility for any costs, direct or indirect, resulting from
<br /> disapproval of our tender by the owner.
<br /> TRANSPORTATION EXPENSE: Unless otherwise noted, the prices shown in this proposal include freight to the destination
<br /> shown, at lowest available freight rates on a common carrier of our choice. If you require us to ship another way, you will bear
<br /> any additional expense. In order for our company to insure delivery,it is agreed by you and our company that you will provide us
<br /> with an access road to and from the job site, which road is capable of supporting our trucks. The responsibility for the protection
<br /> of equipment will be yours after it is delivered to the job site. Damage to the equipment after delivery which is caused by
<br /> vandalism,the elements or otherwise,will be your responsibility and not that of our company.
<br /> LIABILITY: It is expressly understood that our liability, including that for negligence, for our products is limited to the
<br /> furnishing of such replacement parts,and that we will not be liable for any other expense,injury,loss or damage,whether direct or
<br /> consequential,including but not limited to loss of profits,production,increased cost of operation,or spoilage of material,arising in
<br /> connection with the resale or use of,or inability to use,our equipment or products for any purpose except as herein provided.
<br /> LIQUIDATED DAMAGES: If awarded this contract, we will diligently prosecute the engineering and fabrication of the
<br /> proposed equipment;however,we are unable to accept any liquidated damages or penalty clauses for failure to complete shipment
<br /> as designated in this proposal.
<br /> INSTALLATION REPRESENTATIVE: At your request, and subject to our option and availability of personnel at time of
<br /> requirement,we will provide the services of a competent person to advise you concerning the installation of the equipment covered
<br /> by this proposal. These services are not supervisory but are advisory only, and are offered subject to the express understanding
<br /> that our function and responsibility is limited to interpretation of assembly drawings and identification of materials for their proper
<br /> location in the equipment or system layout. These services are offered on a"no risk"basis by Lakeside Equipment Corporation.
<br /> In payment for such services,you will reimburse us at the current rate for each normal working day, or fraction thereof,that such
<br /> person is absent from our plant on your business. The normal working day shall be eight (8)hours, between 8:00 AM and 4:30
<br /> PM,Monday through Friday, exclusive of holidays. All services performed by our representative at your request in addition to a
<br /> normal working day, as herein defined,shall be classified as overtime work. If circumstances dictate that our representative shall
<br /> work exclusively during hours other than those of the normal working day, arrangements can be made. The day rate is subject to
<br /> change to the rate in effect at the time representative is furnished. You will also reimburse us for all transportation and living
<br /> expenses incurred by our representative while absent from our plant on your business.
<br /> CANCELLATION: Cancellation or suspension of a contract will be accepted only upon terms that will indemnify Lakeside
<br /> Equipment Corporation against loss. You agree to reimburse our company for our costs incurred in such cancellation, including
<br /> overhead and administrative costs. Our company may cancel the order prior to or at the time of receiving the final approved
<br /> drawings if our company deems itself insecure,or determines that it is commercially unreasonable for us to proceed.
<br /> CONTRACT: We both agree that this contract contains the complete and final agreement between us and may not be modified,
<br /> supplemented, explained, or waived by oral evidence, your purchase order, course of dealing, or in any other way, except where
<br /> made in writing and signed by you and our company's authorized officer.
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