Terms & Conditions 1. Interest on Late payments - All payments due hereunder except as may be expressly otherwise agreed in writing are due in full 14 days from invoice. Payments late 30 days or more from invoice shall bear interest at the rate of 1.5 % per month,to the maximum provided by law, on any unpaid balance. 2. Suspension of Support Services Pending Payment - Any and all software support services are conditioned on and are subject to payment in full of any and all sums due by Buyer under this purchase order whether to Buyer or to Third party end users of the products sold hereunder. 3. Suspension of Warranty Pending Payment - Any and all product warranties whether express or implied are condition on and are null and void and of no effect, until Buyer pays all sums due Seller under this purchase order in full. 4. No Oral Agreement - This purchase order contains all of the terms of the agreement between Buyer and Seller and any oral agreements or understandings not othewvise contained herein are invalid and unenforceable. Any modification to this purchase order shall be in writing signed by Buyer and Seller. 5. Delivery - All delivery dates are estimated based on information at the time of the order. These dates are subject to change without notice due to unforeseen events. We will always put forth our best effort to insure the accuracy of these estimates. Buyer and dealer agree that in the unlikely event that the Buyer reschedules delivery for any reason, the down payment and/or scheduled deposit will be retained by dealer until such time that the Buyer is ready for delivery of the LED display. 6. Electrical Disclaimer - Unless othen/vise stated in this agreement, Buyer is responsible for all installation and electrical connections to sign structure and final connect to the LED sign. Specific electrical requirements will be provided to buyer before shipment and installation of the sign to ensure correct power is available at time of installation. 7. Permits - Unless othen/vise stated in this agreement, Buyer is responsible for all sign permits. 8. Indemnification - Buyer does hereby indemnify save and hold Seller harmless from and against any and all claims actions lawsuits damages or losses by third party end users or other persons and entities arising out of or in connection with Buyers installation of Sellers products and material sold hereunder including but not limited to reasonable attorneys in defense thereof. 9. Attorneys Fees - In the event litigation is commenced to enforce the terms hereof or to collect sums due Seller from Buyerthe prevailing party shall be awarded reasonable attorneys fees. 10. Payment — All products require a 50% down payment to start production. The balance is required before product is to be delivered unless product is delivered to an authorized DragonFly Signs installation company. 11. Severability of Terms. Definitions - The terms hereof are intended to be construed as a whole to accomplish the commercial transaction contemplated by the parties hereto and should any term or terms hereof be deemed invalid by a court of competent jurisdiction the remaining terms shall nonetheless remain in full force and effect. Buyer shall be defined as the purchaser of products sold pursuant to this purchase order and Seller shall be defined as Dragonfly Digital, Inc. 12. Jurisdiction and Choice of Law - This purchase order shall be deemed entered into and performed in Lackawanna County, Commonwealth of Pennsylvania and Buyer consents to the jurisdiction of the Commonwealth of Pennsylvania for purposes of enforcement of the terms hereof. Buyer agrees to the above General Terms including but not limited to terms relating to interest on late payments, conditional terms, attorneys fees and jurisdiction for enforcement. 13. All deposits are non-refundable - Each sign is custom built, which commences at the time the deposit is paid. Deposits cannot be surrendered once build is in progress. |
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