Laserfiche WebLink
NEO <br />Section 8.3. Warranty Disclaimer; Limitation of Liability. <br />(a) Warrantv Disclaimer. NEOSO will have no liability or responsibility to the <br />Governmental Entity for (i) the failure of acquired Products to be delivered or <br />delivered in a timely manner, or (ii) the availability to the Governmental Entity of <br />wan•anties (including any Warranty of Merchantability or Fitness for a Particular <br />Purpose) pertaining to its acquisition of Products. NEOSO's full and entire <br />contractual obligations to acquire Products for the Governmental Entity to <br />Customer are described in this Agreement. NEOSO has not authorized any <br />employee or agent to offer any warranties. NEOSO neither assumes (nor has <br />authorized any Person to assume for it) any other warranty or liability in <br />connection with any acquired Product. <br />(b) Limitation of Liabilitv. In no event will NEOSO be liable for any consequential, <br />incidental, special, indirect, or punitive damages with respect to any Product <br />acquired under this Agreement or any Offering Addendum or its sale, delivery, <br />installation, maintenance, operation, performance, or use, including without <br />limitation, loss of use, damage to associated equipment or to facilities, costs of <br />capital, or the cost of substitute products, services, or facilities, costs of <br />replacement power, or any similar and dissimilar losses, costs, or damages, <br />whether arising from breach of the terms in this Agreement, negligence, <br />indemnity, or other tort. <br />(c) Shipment of Products. NEOSO has no liability for shipment or freight costs, <br />insurance costs, or risk of loss for (i) any Product purchased by the Governmental <br />Entity under any Available Contact, or (ii) any Product retuned by t1;?- <br />Governmental Entity to any Vendor. <br />(d) Freight Claims. NEOSO has no liability for any freight claims arising fi•om the <br />shipinent of any Products. <br />Section 8.4. Independent Contractor. <br />(a) In its acquisition and delivery of any Products under this Agreement or any <br />Offering Addendum, NEOSO is acting as an independent contractor and, except <br />as set forth on any applicable Offering Addendum, will be solely responsible for <br />payment of its personnel, suppliers and subcontractors and the payinent of all <br />applicable taxes and insurance with respect thereto. <br />(b) Neither party will have the power to bind the other or incur obligations on the <br />other's behalf without the other party's prior written consent. <br />Northeast Ohio Sourcing O$ice <br />Nvw%v.ncoso.org <br />-9- <br />5422 F1st )(th St. Suite 150 I p ? 216.581.6200 <br />Clevcland, OH /4125 (' ( 216.581.6213 <br />