LIMITATIONS OF REMEDY: Seller shall not, under any circumstances whatsoever, be liable to Buyer or any other party for lost or anticipated profits, diminution of goodwill, loss of use or any other special, incidental or consequential damages whatsoever with respect to any transaction or as to any claim against it in connection with the Sales Agreement or the machine. In addition, Seller’s liability for claims shall not, in any event, exceed the price of the machine, nor shall Seller be liable for delays in replacement or repairs of the machine.
LATE CHARGES: In the event that the total price is not paid when due, Buyer agrees to pay a late payment charge equal to one-and-one half per cent (1.5%) per month of the delinquent balance until payment is made in full. Buyer further agrees to pay all reasonable costs of collection caused by the failure to pay amounts due, including reasonable attorney’s fees. Seller shall have the right to suspend all Warranty work or Service if the total price is not paid when due.
FORCE MAJEURE: Seller shall not be liable for failure to deliver or any delay in delivery resulting from Acts of God, fire, war floods, sabotage, accidents, labor disputes, shortages, interruptions or shortage of transportation delays by carriers or suppliers, governmental acts or regulations, or any causes beyond Seller’s control. If Seller, in its sole judgment, shall be prevented directly or indirectly on account of any of the specified causes from delivering the machine at the time required by this sales agreement, Seller shall have the right to terminate this Agreement by notice in writing to the Buyer, which notice shall be accompanied by a full refund of all sums paid by Buyer pursuant to the Agreement.
SECURITY INTEREST: It is understood and agreed upon that this Sales Agreement states the entire agreement between parties, and it supersedes any prior or contemporaneous agreements or representations of the parties.
CONSENT TO JURISDICTION: Seller and Buyer agree that any claim or controversy involving the subject matter or enforcement of this Sales Agreement may be litigated in the federal or state courts located in Lee County, Florida, and Seller and Buyer hereby submit to the jurisdiction of such courts.
SEVERABILITY: The failure of either party to enforce any of its rights hereunder shall not constitute a waiver of such rights, or of any other rights hereunder. Buyer’s failure in any instance to insist upon performance of any such terms or conditions of this order, or to exercise any right or privilege hereunder, shall not be construed as a waiver of any terms, conditions, rights or privileges granted the Buyer herein. No remedy provided herein shall be deemed exclusive of any other remedy allowed by law.
*TERMS: 30% Deposit with Purchase Order for Machine & Tooling. Balance of Both Machine & Tooling will be due prior to shipping of the Machine. NOTE: Tooling may arrive after machine-USA only. Machine & Tooling shipping outside the States require prepayment by wire transfer before shipment.