B-4
A
ppendix
B
S
tAtute
of
l
imitAtionS
Any action by the Distributor or Manufacturer for breach of these terms and conditions must be commenced
within one (1) year after the cause of action has accrued.
A
pplicABle
l
AW
These terms and conditions shall be governed by and construed in accordance with the provisions of the Uniform
Commercial Code as adopted by the State of Mississippi.
B
Ankruptcy
In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Distribu-
tor, or in the event of the appointment, with or without the Distributor’s consent, of an assignee for the benefit
of creditors or of a receiver or of a liquidator, then Manufacturer shall be entitled to cancel any unfilled part of
these terms and conditions without any liability whatsoever.
p
ArtS
o
nly
l
imited
m
AnufActurer
’
S
W
ArrAnty
Triton Systems of Delaware, Inc. warrants the components of each ATM, excluding software and related docu-
mentation, against any defect in materials and/or workmanship for a period of 13 months from the shipping date.
If a component fails due to defects in materials and/or workmanship within the warranty period, Triton will
furnish a new or refurbished component, at its discretion. Triton shall not be responsible for labor or other costs
associated with installing the components and the failed component shall be returned to Triton at the purchaser’s
expense. Triton shall not be responsible for misuse or abuse of a unit and any attempts to remove or deface the
serial number or date code on a unit or any component thereof, or any attempt to repair a unit or to repair or
replace any component by anyone other than a service technician authorized by Triton shall void this warranty.
W
Aiver
i
neffective
No claim or right arising out of or relating to a breach of these terms and conditions can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party. Waiver by either Manufacturer or Distributor of a
breach by the other of any provision of these terms and conditions shall not be deemed a waiver of future com-
pliance therewith, and such provisions shall remain in full force and effect.
m
odificAtionS
These terms and conditions can be modified or rescinded only by writing signed by both the parties or their duly
authorized agents.
i
nterpretAtion
And
o
ther
p
Arole
e
vidence
This writing is intended by the parties as final expression of their agreement and is intended also as a complete
and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and
no usage of the trade shall be relevant to supplement or explain any term used in these terms and conditions.
Acceptance or acquiescence in a course of performance rendered under these terms and conditions shall not be
relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party
has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code, as adopted in Mississippi, is used in these terms and conditions, the definition contained in
the code is to control.
