• Sales Agreement and Limited Warranty

    limitation of liability and warranty. except as provided in this agreement, seller makes no express or implied representations or warranties with respect to the equipment or its condition, merchantability, fitness for any particular purpose or use by buyer. seller shall not be liable for any (1) special, indirect, incidental, punitive, or consequential damages, including, without limitation, loss of profits, arising from or related in any way to the operation or use of the equipment, including siuch damages, without limitation, as damages arising from loss of revenue or profits, failure to realize savings or other benefits, damage to person, even if seller has been advised of the possibility of such damages; (2) damages (regardless of their nature) for any delay or failure by seller to perform its obligations under this agreement due to any cause beyond its reasonable control; or (3) all equipment sales are final. parts return(s) in the case of an hicdd authorized return, the item will be subject to a 50% restock fee and shipping charges, and is at the sole discretion of hicdd to refund any monetary consideration. (4) no claims regardless of form made a subject of any legal proceeding against seller more than one (1) year after any such cause of action first arose. notwithstanding any other provision of this agreement, seller's liabilities under this agreement shall not be greater than the amounts actually received by seller as net profit pursuant to this agreement. seller specifically disclaims the implied warranties of merchantability and fitness for particular purpose.

    repair or replacement: sole and exclusive remedy. repair or replacement as provided is the buyer's sole and exclusive remedy. the sole purpose of this stipulated exclusive remedy is to provide the buyer with repair or replacement as provided of defective components in the manner provided in the limited warranty in this agreement. this exclusive remedy shall not be deemed to have failed of its essential purpose as long as seller is willing and able to repair or replace defective components with due diligence.

    notices. any notices, requests, demands, or other communications hereunder, shall be in writing, and shall be deemed to have been duly given when personally delivered or when mailed by united states registered or certified mail, return receipt requested, postage pre-paid, to the names and addresses set forth at the first page of this agreement.

    assignment. buyer shall not transfer or assign any or all of its rights or interests hereunder, whether by operation of law or otherwise, without the prior written consent of an authorized representative (president or other corporate officer) of seller.

    entire agreement. this agreement constitutes the entire agreement between seller and buyer and there are no representations, warranties, covenants or obligations, except as set forth in this agreement. this agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of seller and buyer, relating to any transaction contemplated in this agreement.

    amendments. this agreement may be amended only in writing executed by an authorized representative (president or other corporate officer) of seller.

    waiver. no failure of any party to exercise any right or remedy pursuant to this agreement shall affect such right or remedy or constitute a waiver by such party of any right or remedy pursuant thereto. resort to one form of remedy shall not constitute a waiver of alternative remedies.

    partial invalidity. if any provision of this agreement shall for any reason be held invalid or unenforceable by any court, governmental agency or arbitrator, of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

    venue. in the event of any controversy or claim arising out of or relating to this agreement or the breach thereof, and a suit, action or proceeding is instituted by reason thereof, then such suit, action or proceeding shall be brought in the city of duluth, state of georgia in a court of competent jurisdiction, which court shall have jurisdiction over such suit, action or proceeding.

    georgia law governs. this agreement, and all provisions thereof, shall be construed in accordance with the laws of the state of georgia.

    attorney's fees. in the event seller is the prevailing party in any suit, action or proceeding with the buyer, then seller is entitled to all costs of such suit, including seller's attorney's fees therefore.

    hicdd international co., ltd limited warranty-
    this warranty is provided in lieu of all other warranties, written or oral, whether expressed by affirmation, promise, description, model or sample, and all other warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose, are hereby disclaimed.

    warranty for materials and workmanship. seller warrants for a period of 12 (twelve) (as defined on the sales order) months in accordance with restrictions detailed below from the effective date hereof its equipment to be free from defects in material and workmanship, provided the equipment is utilized in conformance with the written instructions pertaining to its use and under conditions as permitted by the specifications of the equipment. buyer's remedy for breach of this limited warranty shall be limited to repair or replacement of any defective part according to the terms hereof. this limited warranty does not extend to repair or replacement made necessary by buyer's misuse, abuse, negligence or willful acts either during installation or operation. in addition, this limited warranty does not extend to repair or replacement of parts and/or willful acts either during installation or operation. this limited warranty may be void if buyer installs or replaces other than seller approved parts, or uses non-hicdd inks. in addition, this limited warranty does not extend to repair or replacement of parts and/or service made necessary due to ordinary wear and tear, general adjustments and maintenance. there shall be no remedy to buyer for consequential damages or other economic loss. the foregoing limited warranty is in lieu of and buyer hereby waives all other warranties or obligations of the seller, whether express or implied, with respect to the goods sold whether of merchantability, fitness for any particular purpose, suitability, or otherwise, except as expressly set forth herein. in no event shall seller be liable for consequential, incidental, reliance, or special damages proximately caused by the goods sold, including, without limitation, loss of profits or business injury to any person, damage to any item other than such goods or the equipment sold hereunder, or any other means or goods or equipment sold hereunder, or installation, adjustment or other expense that buyer may incur. this limited warranty shall extend only to buyer and may not be sold, assigned, conveyed or otherwise transferred in whole or in part by operation of law or otherwise, to any person, firm, corporation or entity without seller's express prior written consent. no warranty of expendable parts or such subject to wear and tear. this limited warranty does not apply to expendable parts such print heads, fuses, adapter, electric lines, cover and bracket, ink. in addition to the foregoing the warranty does not cover: (a) problems arising from the use of non-hicdd inks, defects resulting from alterations subsequent to delivery; (b) defects resulting from use for other than the intended purpose; (c) defects resulting from fire, explosion, water, earthquake, windstorm, hail, tornado, or other weather condition or from accident, vandalism, or act of god; and (d) defects arising from neglect or abuse. neglect includes, but is not limited to: (a) use of contaminated, inadequate or excessive amounts of lubricants; (b) improper storage or failure to protect from climatic elements or vandalism; (c) exposure to extreme temperatures; (d) accident, collision or other physical mishap or abuse, whether by purchaser or other party. (e) electrical fluctuation caused from irregular power surges, brown outs or lightning or improper electrical current.

    disclaimer of all other warranties. seller's sales staff may have shown samples or made verbal statements about the equipment or components described in this agreement. such samples and statements do not constitute warranties, nor shall be relied upon by buyer as part of this limited warranty. the entire limited warranty is embodied in this writing. this writing is both the final expression of the seller and buyer and a complete and exclusive statement of the agreement between the parties regarding the warranty of the equipment. the president or other corporate officer of seller may not modify it except in writing and accepted/approved.

    warranty obligations are subject to the following conditions. any part found by seller to be defective in material or workmanship within the stated warranty period will be replaced or repaired at sellers option without charge. after obtaining rma # send defective part returned freight prepaid to hicdd international co., lt. written authorization must be obtained from seller before any part will be accepted. replacement parts are sent out freight collect. parts sent out prior to receiving defective part will be sent c.o.d., cost plus freight. upon return of defective part, if it is deemed that the part was not damaged by customer but failed, the cost of the replacement part will be refunded. this warranty does not extend to expendable parts such as print heads, fuses, adapter, electric lines, cover and bracket, ink. seller does not warrant failure of parts or components resulting from misuse or lack of proper maintenance. installation, inspection, and maintenance costs are the sole responsibility of the purchaser. buyer shall have paid all amounts due seller prior to making a claim under this limited warranty. in the event seller is required to travel to buyer's premises to service the equipment, either within or without the limited warranty coverage, buyer shall be responsible for any and all of seller's expenses relating to the service performed, including, without limitation, lodging, meals and related expenses.

    limitation of damages. in no event shall seller be liable for any damages, including, without limitation, direct, indirect, incidental, or consequential damages, whether in contract, tort or strict liability, or from any specific relief. buyer hereby waives its rights to claim such damages and relief in court or otherwise.

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