These provisions are intended to state all of the rights and responsibilities between Eichenauer Services, Incorporated, hereafter E.S.I., and customer. E.S.I. makes no warranty of any kind with respect to the condition of any items which is the subject of this contract and sale. No warranties of merchantability or fitness for any particular purpose are made by E.S.I. There are no warranties that extend beyond the description on the face hereof. Customer acknowledges and accepts all items in "as is" condition and with all faults. Delivery – E.S.I. will use its best efforts to accomplish the delivery of product and/or service within a reasonable time period, however, unless otherwise specifically provided, E.S.I. will not be liable for any expenses, losses, or damages incurred as a result of actual delivery, if any. Unless otherwise specified, all shipments will be FOB shipping point. Customer agrees to pay the appropriate E.S.I. non-taxable shipping charges and any applicable installation charges. Purchase Price – E.S.I. shall invoice the Customer for the purchase price balance upon delivery of product and/or service. Billing and Payment – All invoices to the Customer shall be due and payable in accordance with their terms. Failure to pay any amount when due shall entitle E.S.I. to collect all late charges or interest stated on the invoice. Customer agrees to pay all costs and expenses incurred by E.S.I. in the collection of its invoices, including reasonable attorney’s fees. Taxes – The purchase price, and other amounts to be paid, do not include any Federal, State, County, or Local sales, use or excise tax however designated, whether levied on the seller or buyer, and whether based on such price, charge, the equipment, part product or service or their use. Any such taxes, amounts in lieu of them and interest on them required to be paid by E.S.I. shall be added to Customers invoice. In the event any taxes to be paid by Customer but levied by E.S.I. shall be added to Customers invoice. In the event any taxes to be paid by Customer but levied by E.S.I. are paid until audit, E.S.I. may then invoice Customer after notice to Customer. Warranties of Manufacturers – Some products or equipment may be covered by warranty of its manufacturer. E.S.I. does not assume any such warranty or responsibility at any time for any product or equipment. E.S.I. offers a limited 30-day warranty on services performed by it when it determines those services were sub-standard. Labor – Labor charge is time spent at Customer service address, or on in-shop repairs, and includes any applicable travel time. Ownership and Risk of Loss – It is agreed that E.S.I. will retain title to any equipment or material that may be furnished until final payment is made, and if settlement is not made as agreed, E.S.I. shall have the right to remove same and will be held harmless for any damages resulting from removal thereof.