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Manufacturer's satisfaction are determined to be defective and which are necessary, in
Hardware Manufacturer's judgment, to return the equipment to good operating condition.
Repairs or replacements qualifying under this Warranty will be performed or made on regular business
days during Hardware Manufacturer's normal working hours within a reasonable time following Buyer's
request. All requests for warranty service must be made during the stated warranty period.
SELLER WARRANTS THAT THE BOOTSTRAP SOFTWARE WILL PERFORM IN ACCORDANCE
WITH ITS SPECIFICATIONS. BUYER ACKNOWLEDGES THAT THIRD PARTIES PROVIDE
ADDITIONAL SOFTWARE WITH THE VMM (“THIRD PARTY SOFTWARE”). SELLER MAKES NO
WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED, RELATIVE TO THE
THIRD PARTY SOFTWARE. BUYER ASSUMES ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE THIRD PARTY SOFTWARD. IF THE THIRD PARTY SOFTWARE OR
ANY RELATED SOFTWARE DOCUMENTATION IS DEFECTIVE, BUYER (AND NOT SELLER OR
ITS AGENTS OR EMPLOYEES) ASSUMES THE ENTIRE RISK AND COST OF SERVICE,
REPAIR AND/OR CORRECTION.
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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. 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.
3. Risk of Loss. Seller shall be responsible for risk of loss until Equipment is delivered to the location
on the Order Form, at which time risk of loss shall transfer to Buyer.
4. 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 Equipment in conjunction with any host platform or any impact on existing
hardware or software.
a. Delays. Seller shall not be liable for any failure or delay in delivering Equipment, or for any
failure to perform any provision hereof, resulting from fire, flood or other casualty, riot, strike