User Guide

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4. Any sales, use, excise and other taxes applicable to this transaction (other than
income and gross receipts taxes of ThirdEye) and the goods furnished by ThirdEye
are not included in the purchase price and shall be paid by Buyer when due. If
ThirdEye pays any such taxes, Buyer shall reimburse ThirdEye upon demand.
5. DELIVERY AND DELAYS. Unless otherwise specified herein, deliveries shall
be F.O.B. ThirdEye’s point of shipment, and title to the goods and risk of loss shall
pass to Buyer upon ThirdEye’s delivery to the carrier. All shipping costs, including
any increase in transportation rates, insurance or taxes prior to date of shipment,
shall be paid by Buyer in addition to the purchase price. All shipping dates are
approximate and ThirdEye does not guarantee a particular day of ThirdEye shall not
be liable for loss or damage because of delays occasioned by labor disputes, damage
to facilities, failure of suppliers or subcontractors to meet scheduled deliveries, fire,
flood, riots, car shortages, embargoes on freight by any government, accidents,
insurrections, lockouts, acts of civil or military authorities, loss or damage of goods
in transit, acts of God or any other cause beyond ThirdEye’s reasonable control or
making its performance commercially impracticable. Time is not of the essence
unless otherwise agreed to in a writing signed by ThirdEye. Notwithstanding other
provisions hereof, if shipment is delayed at Buyer’s request, the goods shall be
deemed to be stored at Buyer’s risk and expense and ThirdEye may thereupon bill
Buyer for the full price of the goods and storage costs. Buyer shall pay such bill
within thirty (30) days after receipt of invoice.
6. SECURITY INTEREST AND REPOSSESSION. Until full payment has been
made therefor and as security for full payment, Buyer grants ThirdEye a purchase
money security interest in the Products shipped to Buyer and the Products shall
remain personal property. Upon request Buyer shall execute and deliver to ThirdEye
security agreements and other documents further evidencing ThirdEye’s security
interest. Buyer authorizes ThirdEye to file a financing statement or statements
relating to the goods, as ThirdEye may deem appropriate, and appoints ThirdEye as
Buyer’s attorney-in-fact for the limited purpose of executing (without requiring
ThirdEye to do so) documents in Buyer’s name and performing other acts that
ThirdEye deems appropriate to grant, perfect and continue its security interest and
to protect and preserve the Products. In the event Buyer defaults in making any
payment due ThirdEye, ThirdEye, in addition to any other rights or remedies
provided by law, shall have the right, with or without legal process, to enter the
place where said Products are located and to repossess the Products in accordance
with the Uniform Commercial
7. Shipment by ThirdEye shall at all times be subject to the prior approval of
ThirdEye’s credit personnel and ThirdEye may, at any time, decline to make
shipment except upon receipt of prior payment or upon other terms and conditions
or security satisfactory to ThirdEye.