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DocuSign Envelope ID:84EC498E-2CB9-4BBF-A4A8-E61 F987E989E <br /> Blue ITechnologies <br /> Smart Solutions COMMITMENT TO -EVERY <br /> Legal and Professional Services <br /> TERMS AND CONDITIONS OF SALES AGREEMENT <br /> 1. PRICES: Prices may be subject to change without notice until a purchase order is <br /> accepted by BTSS. <br /> 2. PAYMENT TERMS: City will pay all monies in US dollars, due in accordance with the <br /> stated terms. BTSS has no obligation to provide any additional notification of <br /> amount due except for this agreement. If full payment is not made within the stated <br /> time period, any discount will be voided and full retail price prevailing at the time of <br /> sale will be due. Under all circumstances, overdue balances will accrue a late fee <br /> charge on the outstanding balance at a monthly rate of 1% %, 18% per annum. If you <br /> pay your balance via credit card after 15 days of invoice date, a 3% credit card <br /> processing fee will be added to the charge. <br /> 3. SHIPPING AND DELIVERY: Unless stated otherwise, the price is for pickup at BTSS' <br /> point of business. Once delivered, all risk of loss is with the City. If City does not take <br /> delivery within thirty days after notification by BTSS, this agreement may be <br /> cancelled and City's deposit retained by BTSS as liquidation of damages. <br /> 4. DELAYS: BTSS is not liable to City for any damages, including consequential <br /> damages, for any delay in or non-delivery due to anything beyond BTSSs' reasonable <br /> control. <br /> s. DAMAGES: BTSS will not be liable to City for any damage caused by goods or <br /> services purchased by this agreement. BTSS makes no warranties of any kind <br /> pertaining to the fitness for any particular use and shall not be liable for any loss or <br /> damage, directly or indirectly, or from any training or training material received, <br /> arising from the use of goods, or for consequential damages. <br /> 6. LIMITATION OF LIABILITY AND WARRANTY: BTSS SHALL NOT BE LIABLE TO CITY <br /> FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR <br /> PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES <br /> FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF <br /> REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE, WHETHER IN <br /> AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, <br /> NEGLIGENCE), OR STRICT LIABILITY, EVEN IF BTSS HAS BEEN ADVISED OF THE <br /> POSSIBILITY OF SUCH LIABILITIES. BTSS SHALL NOT BE RESPONSIBLE FOR PROBLEMS <br /> THAT OCCUR AS A RESULT OF CITY'S USE OF ANY THIRD-PARTY SOFTWARE OR <br /> HARDWARE. IN NO EVENT SHALL THE AMOUNT CITY MAY RECOVER FROM BTSS <br /> UNDER THE CONTRACT DOCUMENTS ON ANY THEORY OF LIABILITY EXCEED THE <br /> PURCHASE PRICE OF THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS <br /> Blue Technologies Smart Solutions LLC,Confidential <br /> City Council 22 — 10 7 N 67T24 <br />