Payment Terms; Late Payment; Taxes; Security Interest; No Liens. Customer shall pay the Prices in accordance with the payment schedule set forth in the PO. Prices exclude all federal, state, and local taxes (including sales and use tax), all of which shall be paid by the Customer or as set forth in the PO. Customer shall not deduct any taxes from any payment unless Seller has confirmed receipt of a valid tax exempt certificate from Customer. Past due amounts will bear interest at the rate of 1.5%, compounded monthly. Except as otherwise set forth in the PO, the Seller may require Customer to pay all or a portion of the Price or to provide adequate security forpayment of the Price, prior to delivery of the Products. If Seller makes delivery of any Products before Customer’s payment in full of the Price therefor, then Customer grants to Seller a purchase money security interest in the Products and authorizes Seller to file Uniform Commercial Code financing statements, amendments, and continuation statements in connection therewith and to take all other actions Seller deems necessary or desirable to perfect, maintain, protect, and foreclose on the security interest granted herein. Customer shall not allow the creation of any lien or security interest on any Products until the later of Seller’s delivery of the Products and Customer’s payment in full of the Price for the Products.
Limited Warranty. Any limited warranty of Seller with respect to the Products or the installation thereof shall not cover noncompliance with the specifications that results from (a) use of Products in other than their normal and customary manner or not in compliance with the instruction materials provided by Seller, (b) neglect, abuse, or misuse, (c) accident, fire, flood, lightening or other acts of God, war, or other events beyond Seller’s reasonable control, (d) improper handling, operation, transport, storage, or environmental conditions, (e) unauthorized alterations or repairs, (f) improper or faulty maintenance, service, or cleaning, including maintenance, service, or cleaning not in compliance with standard industry practices or the instruction manuals provided by Seller; (g)
cosmetic damage, including scratches to exposed parts of the Products not affecting the performance thereof, or
(h) use of the Product parts that are not Seller parts or parts from Seller-approved vendors. With respect to an outdoor Installation Site, Seller does not guarantee or represent that the changes in sunlight or drainage patterns caused by Seller’s installation of the Products will not adversely affect nearby lawns, trees, or shrubs, and Customer assumes all such risk. EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY PROVIDED BY SELLER, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE PRODUCTS; ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DESIGN ARE DISCLAIMED AND EXCLUDED.
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