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<br /> 2 <br /> <br /> 5.) Final Inspection - Customer Factory Inspection: A final inspection shall be performed at the Company’s <br />dealership location prior to delivery to the customer. In the event that the buyer fails to make a final inspection by the <br />date agreed upon by both Company and Buyer, Company reserves the right to arrange for delivery of the Apparatus to <br />the Buyer, and to charge the Customer the full invoice price for the Apparatus, which shall be paid for in the manner <br />specified in paragraph 2. <br />6.) Buyer’s Cancellation for Convenience. If Buyer tenders any cancellation hereunder, Buyer shall nevertheless <br />accept delivery of all products which are completed at the time of cancellation. Those products which constitute work- <br />in-process inventory at the time of cancellation shall be paid for by Buyer at a price equal to the completed percentage <br />of the product multiplied by the price specified in Paragraph 2. Buyer also shall pay promptly to Company the costs of <br />settling and paying claims arising out of the termination of work under Company’s subcontracts or vendors, plus an <br />additional 15% to defray Company’s accounting, legal, and clerical costs arising out of the cancellation. <br />7.) Title: The Company and Buyer agree that the Manufacturer’s Statement of Origin shall remain with the Company <br />until the Company has been paid in full. Provided that the Company has been paid in full, the Manufacturer’s Statement <br />of Origin shall remain with the Company until the Apparatus is in the physical custody of the Buyer, or Statement of <br />Origin will be utilized to apply for a Motor Vehicle Title, depending on applicable law(s) in destination state. Statement <br />of Origin or Title Application documentation will be sent to customer within ten business days after delivery of the <br />vehicle. Upon pick up by Buyer, responsibility for title application, ownership and risk of loss shall pass from Company <br />to Buyer. <br />8.) Warranty: The Company warrants each new Apparatus manufactured against defects in material and workmanship <br />for a period of ONE YEAR from the in-service date per the Warranty Registration Card. Warranties beyond this may <br />be applicable to certain components of the Apparatus as described in the Statements of Warranty previously provided <br />to the Buyer. This warranty is in favor of the original user/purchaser, in accordance with the Company's preprinted <br />Statements of Warranty which are either attached to the Agreement or have otherwise been delivered to Buyer. Buyer <br />hereby acknowledges receipt of the Company's preprinted Statements of Warranty. <br />With respect to any Apparatus not manufactured by the Company, such items shall not be warranted by the Company <br />but shall be subject to the warranty provided by the manufacturer. <br />These warranties are in lieu of all other warranties, whether express or implied, and THE COMPANY EXPRESSLY <br />DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED <br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <br />9.) Notices: The parties to this Agreement designate Hugo Fire Department as representative of the Buyer and Fire <br />Safety USA, Inc. as representative of the Company for purposes of all communications regarding this Agreement. <br />10.) Waiver of Jury Trial: The parties to this Agreement agree that any dispute arising hereunder, if brought before a <br />court having proper jurisdiction, shall be adjudicated in a bench trial and the parties expressly waive any right to have <br />such matter(s) tried before a jury. <br />