Pursuant to each sales order and agreement (the “Agreement”), Hix Design Co., (the “Company”) shall provide and you (the “Purchaser”) shall purchase certain goods and services (the “Goods and Services”) pursuant to your project Agreement. This Agreement more specifically describes the Goods and Services sought, indicates the quantity to be purchased, sets forth the delivery schedule for each of the Goods and Services purchased and sets the purchase price.
The Company has made no affirmation of fact or promise relating to the Goods and Services identified for purchase that has become any basis of this bargain. Further, the Company has made no affirmation of fact or promise relating to the Goods and Services being sold that created or amounted to an express warranty that the Goods and Services would conform to any such affirmation or promise.
Any description of the Goods and Services in this Agreement is for the sole purpose of identifying the Goods and Services, and the description of the Goods and Services has not been made part of the basis of the bargain and has not created an express warranty that the Goods and Services would conform to any description made by the Company. It is specifically agreed that the Goods and Services sold by the Company are sold without any implied warranty, including, but not limited to any implied warranty of merchantability or fitness for a particular purpose.
Neither party shall have any liability with respect to its obligations under this Agreement for consequential, punitive, exemplary or incidental damages including, but not limited to damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss, even if it has been advised of the possibility of such damages. Either party’s aggregate liability for any cause of action asserted with respect to its provision of the Goods and Services or its obligations under this Agreement shall not exceed the amounts paid by the Purchaser (with respect to Company’s aggregate liability) or paid or payable by Purchaser (with respect to Purchaser’s aggregate liability) under this Agreement.
In addition, the Company shall not be liable for any damage caused by any interruption of Internet or telecommunication service or any breach of Internet security beyond the reasonable control of the Company.
The total sales order price, delinquency charges and applicable taxes for the Goods and Services (the “Full Purchase Amount”) shall be payable as indicated on this Agreement. The Company reserves the right, in addition to and without limitation on any other remedies to which it may be entitled by contract, law or otherwise, to assess a 25% cancellation penalty, of the remaining Full Purchase Amount due for the remainder of the Service Term, in the event that this Agreement is terminated per the provisions of Section 19(i) herein. If Purchaser has not paid the Full Purchase Amount when
payment is due, the Company may at its option, and in addition to any other remedies to which it may be entitled, without limitation on such remedies, terminate this Agreement in its sole discretion and retake possession of the Goods and Services. In such event, the Purchaser will forfeit any sums previously paid for the Goods and Services and shall be liable to the Company for all expenses associated therewith, collection expenses and attorneys' fees. The Purchaser shall receive written notice from the Company at least three (3) calendar days before such forfeiture and retaking so that the Purchaser may pay the outstanding balance within such three (3) day period in order to prevent such forfeiture and retaking. The Purchaser shall provide the Company with a copy of any tax exemption certificate for the "Ship To" location, if any exemption
from sales or use taxes is claimed by the Purchaser.
Purchaser bears the risk of loss upon the earlier of receipt of the Goods and Services by the Purchaser or shipment of the Goods and Services by the Company to a third-party courier for delivery to the Purchaser.