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Network hitcwsration Company ['artmi ys. Inc. Network Electronics Service A-reennct5t for <br />City of Santa Ana, on beha[f of Santa Ana Public Library <br />LIABILITY <br />Service Provider shall not, in any event be liable to Owner for incidental or consequential <br />damages, including without limitation, lost business, profit or unavailability of all or part of the <br />system. The pricing granted elsewhere in this agreement is based upon and is in partial <br />consideration for this limitation on remedies. <br />WARRANTY <br />Warranties for fulfillment or drop -ship orders are provided by the rnant.rfacturer directly. <br />Warranty length varies by Mnufacturer. The Owner should refer to warranty conditions <br />provided in product shipments for more information. <br />OWNERSHIP <br />Upon receipt of products, the Owner assumes the risks and ownership of all materials. The <br />Service Provider may retrieve -from the Owner's premises any material supplied where payment <br />has not been tendered. The Uniform Commercial Code of California shall govern the sale of <br />products related to this Service Agreement and shall not be assignable, but shall bind the <br />representative and successors of the parties and their benefits. <br />RETURNS <br />Credit may be allowed for goods returned with prior approval. A deduction may be made from <br />credits issued to cover the cost of Dandling and restocking charges. <br />BELAYS <br />Service Provider is not responsible for delays in delivery occasioned by acts of God or other <br />circumstances over which the Service Provider has no control, <br />MISCELLANEOUS <br />This Service Agreement constitutes the entire understanding of the parties with respect to the <br />subject matter of this Service agreement and merges all prior communications, representations, <br />and agreements. This Service Agreement may be modified only by a. written agreement Biped <br />by the patiies. Y any provision of this Service A.reement is held to be ktnenforceable For any <br />reason, such provision shall he reformed only to the extent necessary to make it enforceable. <br />This Agreement shall be construed tinder the laws of the state where equipment and materials <br />are rendered, excluding, rules regarding conflicts of law, <br />Page 3 of 4 <br />