DAYS
AFTER RECEIPT OF SUCH COPIES AS TO WHETHER SUPPLIER IS PREPARED TO MEET THE
QUOTATION WHICH IS MOST FAVORABLE TO CUSTOMER.
IF SUPPLIER IS WILLING TO MEET
SUCH QUOTATION, CUSTOMER SHALL PURCHASE THE QUANTITY OF THE CABINETS WHICH ARE
SUBJECT TO SUCH QUOTATION FROM SUPPLIER, ON THE ECONOMIC TERMS SET FORTH IN SUCH
QUOTATION.
IF SUPPLIER IS UNWILLING TO MEET SUCH QUOTATION, CUSTOMER SHALL
HAVE THE RIGHT TO PURCHASE THE QUANTITY OF CABINETS COVERED BY SUCH QUOTATIONS
FROM THE VENDORS WHO PROVIDED SUCH QUOTATIONS.
SUPPLIER'S FAILURE TO ADVISE
CUSTOMER WITHIN SAID TEN DAY PERIOD AS TO WHETHER IT IS WILLING TO MEET A
QUOTATION FROM ANOTHER SUPPLIER SHALL BE DEEMED TO CONSTITUTE AN UNWILLINGNESS
TO MEET SUCH QUOTATION.
4
6.
ENGINEERING, ISO.
DURING THE TERM, SUPPLIER WILL PROVIDE AT ITS
EXPENSE ALL REQUIRED SUSTAINING ENGINEERING AND PRODUCT MAINTENANCE WORK FOR
MODULES AT ITS FACILITIES IN BETHLEHEM, PENNSYLVANIA, AND CUSTOMER WILL PAY FOR
ANY NON-RECURRING ENGINEERING WORK WHICH IT MAY REQUEST AT RATES ESTABLISHED BY
SUPPLIER IN GOOD FAITH.
ALL MODULES SHALL BE MANUFACTURED AT A FACILITY THAT IS
ISO-CERTIFIED, AND SUPPLIER SHALL PROVIDE CUSTOMER WITH WRITTEN EVIDENCE OF SUCH
ISO CERTIFICATION, AT CUSTOMER'S REQUEST.
7.
COMPETITION.
DURING THE TERM, SUPPLIER AGREES THAT IT WILL
REFRAIN FROM SELLING, DISTRIBUTING OR LEASING MODULES (BY WHATEVER NAME OR MARK)
WITHIN THE PROTECTED MARKET.
DURING THE TERM, CUSTOMER WILL REFRAIN FROM
MANUFACTURING CABINETS.
8.
FORCE MAJEURE.
SUPPLIER SHALL NOT BE LIABLE FOR FAILURE OR DELAY
IN PERFORMANCE UNDER THIS AGREEMENT DUE IN WHOLE OR IN PART TO CAUSES SUCH AS AN
ACT OF GOD, STRIKE, LOCKOUT OR OTHER LABOR DISPUTE, CIVIL COMMOTION, SABOTAGE,
FIRE, FLOOD, EXPLOSION, ACTS OF ANY GOVERNMENT, SHORTAGES OF MATERIAL FROM OTHER
SUPPLIERS, INABILITY TO OBTAIN OR DELAY IN OBTAINING NECESSARY EQUIPMENT OR
GOVERNMENTAL APPROVALS, PERMITS, LICENSES OR ALLOCATIONS, AND ANY OTHER CAUSES
WHICH ARE NOT WITHIN THE REASONABLE CONTROL OF SUPPLIER, WHETHER OR NOT OF THE
KIND SPECIFICALLY ENUMERATED ABOVE (SUCH CAUSES BEING COLLECTIVELY REFERRED TO
AS EVENTS OF "FORCE MAJEURE").
UPON THE OCCURRENCE OF AN EVENT OF FORCE MAJEURE
WHICH HINDERS, DELAYS OR PREVENTS THE DELIVERY OF PRODUCTS IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT, (X) SUPPLIER SHALL ALLOCATE ITS AVAILABLE SUPPLY,
IN A FAIR AND EQUITABLE MANNER, AMONG ITS CUSTOMERS, INCLUDING, AT SUPPLIER'S
OPTION, REGULAR CUSTOMERS NOT THEN UNDER CONTRACT, AND (Y) TO THE EXTENT
SUPPLIER IS UNABLE TO FULFILL CUSTOMER'S REQUIREMENTS FOR PRODUCTS PURSUANT TO
THIS AGREEMENT, CUSTOMER SHALL BE RELIEVED OF ITS OBLIGATION TO PURCHASE SUCH
PRODUCTS FROM SUPPLIER HEREUNDER.
9.
REMEDIES.
SUPPLIER'S EXCLUSIVE LIABILITY FOR THE BREACH OF ANY
OF ITS WARRANTIES WITH RESPECT TO DEFECTIVE OR NONCONFORMING PRODUCTS SHALL BE
AS SET FORTH IN SECTION 3.
SUPPLIER'S LIABILITY FOR ANY LOSS OR DAMAGE ARISING
OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL NOT
EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCT UPON WHICH SUCH LIABILITY IS
BASED OR THE COST OF REPLACEMENT THEREOF, WHICHEVER IS HIGHER, REGARDLESS OF
WHETHER SUCH LIABILITY ARISES IN CONTRACT (INCLUDING,