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Document Number: 401-364
60
NOT INCLUDE SHIPPING COSTS, INSURANCE, AND, IF APPLICABLE, IMPORT
AND EXPORT DUTIES, AND ANY OTHER FEES AND CHARGES IMPOSED BY
GOVERNMENT OR QUASI-GOVERNMENTAL AGENCIES, ALL OF WHICH MUST
BE PAID BY YOU.
GOVERNING LAW, JURISDICTION AND COSTS
THESE LIMITED WARRANTIES ARE INCORPORATED INTO AND ARE ESSENTIAL
AND MATERIAL PROVISIONS OF THE TERMS AND CONDITIONS OF SALE OF
ACTION SYSTEMS PRODUCTS TO YOU (SALE TERMS). ALL DISPUTES ARISING
OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN
(CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
NEW MEXICO. THE CUSTOMER HEREBY CONSENTS TO THE JURISDICTION AND
VENUE OF THE STATE COURTS OF NEW MEXICO TO RESOLVE ANY AND ALL
CUSTOMER DISPUTES WITH ACTION SYSTEMS, AND THE CUSTOMER WAIVES
ALL DEFENSES TO SUCH JURISDICTION AND VENUE INCLUDING, BUT NOT
LIMITED TO, ANY DEFENSE BASED ON INCONVENIENT FORUM. IN THE EVENT
THE CUSTOMER AND ACTION SYSTEMS ARE UNABLE TO RESOLVE ANY
CUSTOMER DISPUTE, AND ANY COLLECTION ACTION, SUIT OR OTHER
JUDICIAL PROCEEDING IS COMMENCED, THE PREVAILING PARTY IN ANY
SUCH COLLECTION ACTION, SUIT OR JUDICIAL PROCEEDING SHALL BE
ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEYS’ FEES
INCURRED.