Ford vmm User Manual

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1. Payment and Terms of Payment.

a. If Buyer has requested and Ford Motor Company ("Seller") agrees to sell under the Dealer

Open Account payment plan, then Buyer shall pay the Total Cash Price shown on the

Order Form.

b. If Buyer has requested the Installment Plan in Part II of the Order Form and Seller agrees

to sell pursuant to such Plan, then Buyer shall pay the Total Cash Price and any interest

thereon in accordance with the Loan and Security Agreement to be executed by Buyer and

Seller.

2. "Equipment" shall mean herein the VMM hardware, unless the term is expressly limited on the

Order Form to the VMM.

3. Title to Equipment purchased by Buyer from Seller shall pass to Buyer upon Seller’s receipt of all

amounts owing by Buyer to Seller hereunder.

4. Risk of Loss. Seller shall be responsible for risk of loss until Equipment is delivered to the location

set forth on the Order Form, at which time risk of loss shall transfer to Buyer.

5. Acceptance and Inspection. Buyer shall be deemed to have accepted Equipment upon Seller’s

delivery. Equipment shall be deemed to have been delivered in good condition unless Buyer gives

Seller notice to the contrary within 10 days after Seller’s delivery. Seller is not responsible for

performance of hardware or software in conjunction with any host platform, or any impact on

existing equipment or software.

a. Delays. Seller shall not be liable for any failure or delay in delivering, or for any failure to

perform any provision hereof, resulting from fire, flood or other casualty, riot, strike or other

labor difficulty, governmental regulation or other restriction, or any other cause beyond

Seller’s control.

6. Unconditional Obligation. Buyer’s obligation to make payments to Seller or its assignee shall be

absolute and unconditional and shall continue unmodified despite: (a) any loss, damage or other

interruption in the use of Equipment; or (b) any dispute, claim, counterclaim, defense or other right

which Buyer may have to assert against Seller or the manufacturer of Equipment.

7. Seller's Limitation of Liability. BUYER’S EXCLUSIVE REMEDY, RECOURSE OR DAMAGE FOR

ANY DEFECT IN WORKMANSHIP OR MATERIAL OR ANY FAILURE OF THE EQUIPMENT IS