Triton FT5000XP Prism NDC Emulation w/XFS Compliance User Manual - Manual (Page 124)

D-4
A
ppendix
d
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.
W
Aiver
i
neffective
No claim or right arising out of or relating to a breach of these terms and condi-
tions 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 compliance 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These terms and conditions can be modified or rescinded only by writing signed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 acqui-
escing 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.