Common use of Filling Machine Clause in Contracts

Filling Machine. For the term of this Agreement and any extensions thereto, the Company shall provide Distributor with a manual and/or automatic Filling Machine(s) to use in connection with the filling of Cartridges. 8.1. Subject to Distributor’s payment for the Minimum Order, as defined in Section 13.7, any and all costs relating to such Filling Machine, including, without limitation, the purchase, repair, update, replacement and upgrade of such Filling Machine shall be the Company’s sole and absolute responsibility, obligation and liability; provided that if Distributor fails to make or pay for the Minimum Order, the Distributor shall rent the Filling Machine from the Company for $199 per month with an initial non-refundable deposit equal to $300, which shall be paid prior to the delivery of such Filling Machine. 8.2. Notwithstanding anything to the contrary, Distributor shall be responsible for any costs and expenses arising from Distributor’s and/or its employee’s or contractor’s negligence or misconduct in the use of the Filling Machine. Unless otherwise agreed to by the Company in writing, under no circumstance shall Distributor utilize the Filling Machine for any purpose other to fill the Cartridges. 8.3. If any Filling Machine breaks or becomes otherwise inoperable, Company shall as promptly as practicable supply a replacement Filling Machine but no later than 30 days after receiving notice from the Distributor. The Company does not make, and expressly disclaims, any warranty relating to the Filling Machine.

Filling Machine. For the term of this Agreement and any extensions thereto, the Company shall provide provide, in its discretion, Distributor with a manual and/or automatic Filling Machine(s) to use in connection with the filling of Cartridges. 8.1. Subject to Distributor’s payment for the Minimum Order, as defined in Section 13.714.3, any and all costs relating to such Filling Machine, including, without limitation, the purchase, repair, update, replacement and upgrade of such Filling Machine shall be the Company’s sole and absolute responsibility, obligation and liability; provided that if Distributor fails to make or pay for the Minimum Order, the Distributor shall rent the Filling Machine from the Company for $199 399 per month with an initial non-refundable deposit equal to $300500, which shall be paid prior to the delivery of such Filling Machine. 8.2. Notwithstanding anything to the contrary, Distributor shall be responsible for any costs and expenses arising from Distributor’s and/or its employee’s or contractor’s negligence or misconduct in the use of the Filling Machinemisconduct. Unless otherwise agreed to by the Company in writing, under no circumstance shall Distributor utilize the Filling Machine for any purpose other to fill the Cartridges. 8.3. If any Filling Machine breaks or becomes otherwise inoperable, Company shall as promptly as practicable supply a replacement Filling Machine but no later than 30 days after receiving notice from the DistributorMachine. The Company does not make, and expressly disclaims, any warranty relating to the Filling Machine.