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1. Payment and Terms of Payment.
a. If Buyer has requested and Ford Motor Company ("Seller") agrees to sell under the Dealer
Open Account payment plan, then Buyer shall pay the Total Cash Price shown on the
Order Form.
b. If Buyer has requested the Installment Plan in Part II of the Order Form and Seller agrees
to sell pursuant to such Plan, then Buyer shall pay the Total Cash Price and any interest
thereon in accordance with the Loan and Security Agreement to be executed by Buyer and
Seller.
2. "Equipment" shall mean herein the VMM hardware, unless the term is expressly limited on the
Order Form to the VMM.
3. Title to Equipment purchased by Buyer from Seller shall pass to Buyer upon Seller’s receipt of all
amounts owing by Buyer to Seller hereunder.
4. Risk of Loss. Seller shall be responsible for risk of loss until Equipment is delivered to the location
set forth on the Order Form, at which time risk of loss shall transfer to Buyer.
5. Acceptance and Inspection. Buyer shall be deemed to have accepted Equipment upon Seller’s
delivery. Equipment shall be deemed to have been delivered in good condition unless Buyer gives
Seller notice to the contrary within 10 days after Seller’s delivery. Seller is not responsible for
performance of hardware or software in conjunction with any host platform, or any impact on
existing equipment or software.
a. Delays. Seller shall not be liable for any failure or delay in delivering, or for any failure to
perform any provision hereof, resulting from fire, flood or other casualty, riot, strike or other
labor difficulty, governmental regulation or other restriction, or any other cause beyond
Seller’s control.
6. Unconditional Obligation. Buyer’s obligation to make payments to Seller or its assignee shall be
absolute and unconditional and shall continue unmodified despite: (a) any loss, damage or other
interruption in the use of Equipment; or (b) any dispute, claim, counterclaim, defense or other right
which Buyer may have to assert against Seller or the manufacturer of Equipment.
7. Seller's Limitation of Liability. BUYER’S EXCLUSIVE REMEDY, RECOURSE OR DAMAGE FOR
ANY DEFECT IN WORKMANSHIP OR MATERIAL OR ANY FAILURE OF THE EQUIPMENT IS
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