The undersigned hereby acknowledges and agrees to the following terms and conditions:
Prices are subject to change and subject to direct color systems ("DCS") final written approval - prices based upon total purchase - all delivery, training services to be billed at published rates unless otherwise specified - all new hardware components proposed above are covered by a limited warranty which is attached hereto and incorporated herein. If the limited warranty is not attached hereto, the limited warranty for the items listed in this quote/agreement can be obtained through DCS' office, as currently published. DCS shall not be liable for any loss of profits, loss of business, goodwill or data, interruption of business, incidental, treble, or consequential damages or damages for an item's failure to be merchantable or for the item(s) failure to be fit for a particular purpose. Any damages suffered by the undersigned that are not excluded herein, are expressly limited to the costs of the items set forth in this quote/agreement in the event that such item(s) cannot be replaced or repaired pursuant to the terms and conditions of the limited warranty. Before any damages can be claimed by the undersigned, DCS shall have the absolute right, in its sole and absolute discretion, to repair or replace an item or items.
To prevent contamination of the ink system, operators of the machine must only use the compatible ink specified for each machine. Failure to do so will harm your machine and void your warranty.
In the event that any sums are not paid to DCS pursuant to the terms of this quote/agreement, the undersigned hereby agrees to pay DCS interest at a rate of 18% per annum for sums not paid within thirty (30) days from the date hereof. Notwithstanding the foregoing, at no time shall the undersigned be obligated or required to pay interest due under this quote/agreement at a rate that could subject DCS to either civil or criminal liability as a result of being in excess of the maximum rate the undersigned could be obligated to pay under applicable law. In such an event, the interest rate shall be deemed to be immediately reduced to such a maximum rate allowed by applicable law and all such previous interest payments in excess of the maximum rate shall be deemed to have been payment in reduction of sums owed in connection with the items purchased under this quote/agreement and not on account of the interest due hereunder.
The undersigned hereby waives trial by jury in connection with any proceedings related to this quote/agreement. The undersigned hereby agrees to reimburse DCS for any and all attorney's fees and expenses incurred by DCS in pursuing its rights and remedies in connection with this quote/agreement.
The quotes/agreements set out the parties' full and integrated agreement. This quote/agreement supersedes all prior representations, both oral and written. This quote/agreement cannot be changed except in writing signed by both parties. The quote set forth above is valid for 30 days only from the date of the quote unless specified otherwise above.
DIRECT COLOR SYSTEMS, TEXTUR3D, and INKMARK are the subjects of US Patent and Trademark Office trademark registrations owned by Direct Color Inc. dba Direct Color Systems.
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