User manual TOSHIBA TCOFSALE

[. . . ] Unless otherwise specified herein, such prices do not include any other costs applicable to the equipment, parts and software described herein following their delivery in accordance with Article II, below, including, without limitation, unloading, handling, storage, transportation, installation, and insurance charges. All such costs shall be paid by Purchaser in addition to the purchase price upon receipt of Company's invoices. Unless otherwise specified herein, the prices applicable to the equipment, parts, software and services described herein are those in effect at the time of shipment or at the time of performance of the services. Upon any published increase or reduction in the price of such items by the Company, the new price will become effective immediately on the unshipped or unperformed portion. [. . . ] FORCE MAJEURE: In no event shall the Company be liable for non-delivery or delays in delivery of the equipment, parts and software described herein or for failure or delay in the performance of any other obligations contained herein arising directly or indirectly from acts of God, unforeseeable circumstances, acts (including delays or failure to act) of any governmental authority (de jure or de facto), war (declared or undeclared), riot, revolution, priorities, fires, floods, weather, strikes, labor disputes, sabotage, epidemics, factory shutdowns or alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure labor, manufacturing facilities, or materials, inability due to causes beyond the Company's reasonable control to obtain timely instructions or information from the Purchaser or causes of any other kind beyond the Company's control. The foregoing provision shall apply even though such causes may occur after the Company's performance of its obligations has been delayed for other causes. TERMS OF PAYMENT: Unless otherwise specified herein, the purchase price for the equipment, parts and software described herein shall be paid in full, in United States of America currency, within thirty (30) days after the date of the Company's invoice for such price and all such invoices shall be mailed to the Purchaser at its address shown herein, upon delivery of the equipment, parts and software described herein in accordance with Article II, above. In the event Purchaser fails to make payment by the date provided in these terms of sale, the Company may deduct such amounts due it from all amounts, whether matured or unmatured, it may owe Purchaser arising from this or any other transaction. If such equipment, parts or software are ready for shipment from the manufacturing plant or for delivery to the Purchaser and the Company cannot make delivery thereof as scheduled herein due to any cause described in Article IV, above, any amounts otherwise due and payable to the Company following delivery shall be due and payable within thirty (30) days after the Company mails an invoice for such amount, together with a certification by the Company as to such cause, to the Purchaser at its address shown on this offer of sale. Upon the mailing of such invoice and certification, the equipment, parts and software shall be deemed to be in storage in accordance with Article II, above. Purchaser agrees that the purchase price and/or any unpaid portion thereof shall bear interest at the rate of 12% per annum from and after the date due and owing, if not paid in strict accordance with the terms of this Agreement. Notwithstanding any other provision of an accepted offer of sale, the Company does not intend to and shall not TOSHIBA INTERNATIONAL CORPORATION 13131 West Little York Rd Houston, Texas 77041 Fax: 713-466-8773 Revision Date: April 27, 1999 __________________________________________________________________________ STANDARD TERMS AND CONDITIONS OF SALE (dated April 27, 1999) con't charge, collect or contract for interest which exceeds the maximum rate permitted by law. Any such excess interest shall be applied first to reduce any unpaid portion of the purchase price and all other outstanding charges owed, until such time as each is paid in full, at which time any remaining excess shall be refunded to Purchaser. SALES AND OTHER TAXES: Unless otherwise stated herein, the prices specified herein do not include any federal, state, municipal, or local property, license, privilege, business, occupation, stamp, documentary, sales, use, excise, gross receipts, duties, or custom charges, value added or other similar taxes which may now or hereafter be applicable to, measured by, or imposed by any governmental authority or with respect to (1) the transaction described herein or any contract of sale resulting therefrom, or (2) the equipment, parts or software described herein or their sale, value, or use, or (3) the performance of any services described herein. In further limitation, the Purchaser's sole TOSHIBA INTERNATIONAL CORPORATION 13131 West Little York Rd Houston, Texas 77041 Fax: 713-466-8773 Revision Date: April 27, 1999 __________________________________________________________________________ STANDARD TERMS AND CONDITIONS OF SALE (dated April 27, 1999) con't remedy for any defect or breach of warranty in connection with any software product described herein shall be, at the Company's exclusive discretion, repair, replacement, software update or refund of the purchase price associated with the software. NUCLEAR USE: No equipment or any part thereof or any software described herein shall be use in conjunction with, or as a part of, any activity or process involving nuclear fission or fusion or any use or handling of any material defined in Chapter 2 of the U. S. If such use is contemplated by Purchaser or others, Purchaser shall prior to such use, at its expense, arrange for insurance and governmental indemnity satisfactory to the Company protecting the Company against liability of any kind, whether in contract, tort (including negligence) or otherwise. GENERAL: This offer of sale may only be accepted in Harris County, Texas and any contract of sale resulting from it shall be performable, in whole or in part, in Harris County, Texas. This offer of sale and any contract of sale resulting from it shall in all respects be governed, construed, and enforced in accordance with the laws of the State of Texas, U. S. A. Unless otherwise agreed to by Company in a writing signed by a Company officer, venue for all proceedings arising out of this offer of sale or any contract of sale resulting from it shall be in Harris County, Texas (or in the Southern District of Texas if such proceeding is in a United States District Court). The United Nations Convention for the International Sale of Goods is disclaimed and excluded from any contract of sale arising from this offer of sale and any contracts the Company may have with its suppliers. The terms and conditions of sale contained herein shall be the only terms and conditions applicable to the sale of the equipment, parts, software and services described herein and shall supersede any prior agreements or writings. No term or condition of this offer of sale may be waived or modified unless done in writing and signed by an authorized representative of the Company. All proposals of the Company contained herein are subject to change by the Company at anytime prior to actual receipt by the Company of written acceptance of this offer of sale by the Purchaser and shall expire thirty (30) days from the date hereof. For purposes of the terms and conditions of sale specified herein, the term "offer of sale" shall mean all written quotations to which such terms and conditions are attached and, unless waived or modified in a signed writing by the Company, all contracts of sale resulting therefrom. Any waiver by the Company of a breach of any term or condition of sale shall not constitute a waiver or prejudice the Company's right to otherwise subsequently demand strict compliance with that or any other term or condition of this offer of sale. [. . . ] a Company authorized service shop, not loaded on truck or other carrier. The Purchaser shall pay all cost applicable to the equipment, part or software following such delivery, including, without limitation, all handling, transportation, assembly, installation, insurance, testing, and inspection charges. THE FOREGOING OBLIGATION TO REPAIR, REPLACE, UPDATE OR REFUND THE PURCHASE PRICE PAID FOR THE EQUIPMENT, PARTS AND SOFTWARE SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS OF THE EQUIPMENT, PARTS OR SOFTWARE FOR THE BREACH OF THE FOREGOING WARRANTY. THE COMPANY SHALL HAVE NO OBLIGATION TO DISASSEMBLE ANY EQUIPMENT OR PART WHICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE WARRANTY OR TO INSTALL ANY REPAIRED OR REPLACEMENT PART, EQUIPMENT OR SOFTWARE OR TO PAY ANY COSTS INCURRED IN CONNECTION WITH SUCH DISASSEMBLY OR INSTALLATION. [. . . ]