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2003-084
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2003-084
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Last modified
9/28/2016 11:25:05 AM
Creation date
9/30/2015 6:27:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2003
Control Number
2003-084
Agenda Item Number
7.K.
Entity Name
Sequoia Voting Systems, Inc.
Subject
AVC Edge extended warranty for Scan Ballot Counter
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
3207
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Sequoia Voting Systems , Inc. rev: 03/31 /2003 <br /> SEQwUtrng syrtOIA <br /> ems <br /> a <br /> B . products which have been repaired or altered by persons other than those expressly <br /> approved in writing by Sequoia, <br /> C . products from which the serial numbers have been removed, defaced or changed, <br /> D . products damaged as a result of accident, disaster, theft, vandalism, neglect, abuse , <br /> use of any product for a purpose other than the purpose for which it is designed or <br /> use not in accordance with instructions furnished by Sequoia, <br /> E . products which have been subjected to physical , mechanical or electrical stress or <br /> alteration or any conversion by persons other than those expressly approved in <br /> writing by Sequoia, <br /> F . products used by any person other than Customer' s employees or persons under <br /> Customer's direct supervision, <br /> G. equipment that in Sequoia's reasonable opinion cannot be repaired to a maintainable <br /> condition. <br /> 2 . Sequoia will not be liable for any failure to delay in performance in whole or in part to any cause <br /> beyond Sequoia's control , including but not limited to work stoppages , fires , civil disobedience, <br /> riots, rebellions, acts of God and similar occurrences . <br /> 3 . There are no express or implied warranties , including the implied warranties of merchantability and <br /> fitness for a particular purpose, not specified herein respecting this Agreement for the equipment <br /> and services provided. <br /> 4 . Sequoia reserves the right to inspect all equipment, at the Customer's expense, to be covered under <br /> this Agreement to determine that it is in good mechanical conditions on the effective date of this <br /> Agreement. Should the equipment require repair or overhaul for acceptance under this Agreement, <br /> such repairs, if requested, will be made at Sequoia's then current hourly rate plus parts . Sequoia <br /> reserves the right to discontinue this Agreement on any machine for the following reasons <br /> A. the machine is not being used in accordance with intended purposes <br /> B . abuse of equipment by the operators <br /> C . equipment requires shop repair or overhaul, but approval to proceed has been denied <br /> by Customer. <br /> 5 . Customer's exclusive remedy and Sequoia's entire liability in Contract, tort or otherwise, will be to <br /> make all necessary adjustments and repairs, (or at Sequoia's option replace or substitute equipment) <br /> to keep the equipment in good operating condition in accordance with the manufacturer's policies <br /> then in effect. <br /> 6 . In no event will Sequoia be liable for any indirect, special or consequential damages arising out of <br /> this Agreement or the use of any equipment and services provided under this Agreement. <br /> Page 2 <br />
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