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- Rendering of Services Agreement
- This Agreement for Services Rendered made and effective on the 12th of Dec, the year 503 KF, by and between Ms Mulgonia Climpwart and Magis Lamina LLC. MLLLC desires to sell to Ms Climpwart, and Ms Climpwart desires to purchase from MLLLC, certain services
- Therefore, in consideration of the mutual promises herein contained, the parties hereto agree as follows:
- 1. Sale.
- MLLLC agrees to sell, transfer and convey to Ms Climpwart, and Ms Climpwart agrees to purchase the following services:
- 2. Price.
- Ms Climpwart shall pay MLLLC for the Services 3000 gp in two installments, the first, 1000gp being provided upfront, and the remainder being paid as detailed in this section. Ms Climpwart shall make payment of the full purchase price by 5 days following the rendering of Services by MLLLC as provided herein, subject to Ms Climpwart’s right of inspection as set forth in Section 3 below. In the event that the purchase price is not timely paid, in addition to its other remedies, MLLLC may impose, and Ms Climpwart shall pay, a late payment charge equal to two percent (2%) of the overdue balance amount each month.
- 3. Right of Inspection.
- Ms Climpwart shall have the right to inspect the Services on arrival at Ms Climpwart’s facility. Within 3 days after delivery, Ms Climpwart must give notice to MLLLC of any claim with respect to the condition, quality or grade of the Services or non-conformance to this Agreement, specifying the basis of the claim in detail by fax or recognized overnight delivery service such as FedEx. MLLLC may, at its option inspect the Services at Ms Climpwart’s facilities to confirm that the Services do not conform. Failure of Ms Climpwart to comply with these conditions within the time set forth herein shall constitute irrevocable acceptance of the Services by Ms Climpwart. In the event the Services do not conform to this Agreement, Ms Climpwart’s sole remedy and MLLLC’s sole obligation shall be at MLLLC’s option to replace the Services at MLLLC’s expense or credit Ms Climpwart the amount of the purchase price for the non-conforming Services. Return shipping expensive in this case shall be the sole responsibility of MLLLC.
- 4. Limitation of Liability
- In no event shall MLLLC be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Agreement or the Services, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Ms Climpwart’s damages exceed the amount of the purchase price of the Services. This clause shall be broadly interpreted in favor of the MLLLC.
- 5. Notices.
- Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or recognized over water delivery services.
- If to MLLLC: The Dread Pirate of the Arkosian Waters Collection Box, The Salt Keep.
- If to Ms Climpwart: The Climpwart Estate, Mazzport.
- 6. No Waiver.
- The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
- 7. Interruptions.
- In the event of interruptions beyond the control of MLLLC or Ms Climpwart, the Services shall be rendered at a delayed date, which shall occur after the Interruption has been sufficiently dealt with, but this contract shall not be voided by this delay. Ms Climpwort agrees that, after the signing of this contract, they shall not pay others for the rendering of these same services during the duration of the Interruption.
- 8. Entirety of Agreement.
- The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.
- 9. Governing Law.
- This Agreement shall be construed and enforced according to the laws of The Pirate Code and any dispute under this Agreement must be brought in this venue and no other.
- 10. Headings in this Agreement
- The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
- 11. Severability.
- If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
- In Witness whereof, the parties have executed this Agreement as of the date first written above.
- _________________________ _______________________
- Ms Climpwart MLLLC
- 12/11/503 KF _
- Date
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