4. SECURITY AGREEMENT: Seller hereby expressly retains a purchase money security interest in the goods sold under this agreement until such goods and services are fully paid for by purchaser. Seller or its representative may enter upon purchaser's premises at any reasonable time to inspect the goods until all goods and services are paid for, and may file or record this agreement financing statement(s) pursuant to the uniform commercial code to perfect, continue, release, assign, terminate and/or amend its security interest. Purchaser authorizes seller to file, in jurisdictions where this authorization will be given effect, a financing statement signed only by the seller describing the collateral in the manner described herein, and at the request of sellers, agrees to cooperate and join with CHS in executing one or more financing statement and pay the cost of filing or recording the name or filing or recording this agreement, in all public offices whenever filing or recording is deemed by CHS to be necessary or desirable. Purchaser agrees to keep the goods in good order and repair at all times until they have been paid for in full, and to pay promptly when all due taxes and assessments upon said goods or their use or operations or upon this agreement. Purchaser agrees not to sell, transfer, encumber, or dispose of said goods, or any interest therein, not to suffer the same or any part thereof to be levied upon or sold under any legal process or otherwise, not to claim ostensible ownership in said goods and not to remove or suffer to be removed said goods from the address to which they were delivered, until they have been paid for in full, until they have been paid for in full, without the written consent of CHS. Purchaser may not, but seller may, assign all its rights under this agreement. All obligations of purchaser shill bind his heirs, executors, administrators, or successors.
5. RISK OF LOSS: Purchaser assumes all risk of loss, damage or destruction after such delivery shall not in any manner relieve purchaser from the payment hereunder.
6. DEFAULT: Purchaser shall be in default under this agreement upon the happening of any of the following: default in payment or in the performance of any other obligation hereunder, loss, theft, substantial damage or the destruction of the good, death, insolvency, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against purchaser. Upon such default, CHS may declare all obligations immediately due and payable, and shall have all the remedies of a secured party under the uniform commercial code or any other selling, of the like, including CHS's reasonable attorney's fees and legal expenses. Purchaser waives all claims for damage or trespass arising from any such retaking.
7. DISCLAIMER OF WARRANTY: CHS makes no warranty of any kind, expressed or implied including, without limitation, any warranty of merchantability or fitness for a particular purpose with respect to the subject matter hereof, the maintenance to be performed by CHS pursuant to the terms hereof, or parts to be supplied by hereunder.
8. LIMITATION OF LIABILITY : Customer agrees that CHS's total liability hereunder including, but not limited to, liability based on any alleged negligence of CHS, shall not exceed the amount paid by customer to CHS under this invoice. In no event will CHS be liable for any incidental or consequential damages including, without limitation, loss of use, loss of data, loss of profit or liability to third parties, however caused, whether by the negligence of CHS or otherwise.
9. ENTIRE AGREEMENT: This agreement embodies the entire agreement between the parties hereto, supersedes all other agreements between the parties in connection with the sale of goods and services described herein and cannot be modified, supplemented, revoked or rescinded except by a writing signed by both parties. Neither party person in the other's employ, not embodied in this agreement. In the event of any discrepancy or inconsistency between this agreement and any other form shall be effective only to shoe the quantity, model, serial number, date of order or delivery, and place of delivery.
10. Quotes valid for ten (10) days. All applicable taxes and shipping fees apply.
11. There will be a restocking fee of 20% ($25 minimum) on all non-defective items returned within 30 days. No refunds are accepted after 30 days.