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维修合同(英)_

2009-03-24 法律英语 来源:互联网 作者:
ults of ABC subcontractors due to any such causes.



11. Warranty Limitations.



Except As Specified in This Agreement. ABC Disclaims All Warranties, Express or Implied, Including, Without Limitation, the Implied Warranties of Merchantability and Fitness for A Particular Purpose. In No Event Shall ABC Be liable for Incidental or Consequential Damages to the Full Extent Such May Be Disclaimed by Law.



12. SRRC or MPT and Other Government Matters.



Although ABC may assist in preparation of the SRRC or MPT license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the State Radio Regulatory Commission (SRRC) or Ministry of Post and Telecommunication, or any other National and/or Local governmental agency. Customer is solely responsible for complying with applicable SRRC or MPT rules and regulations and the applicable rules and regulations of any other National and/or Local governmental agency. Neither ABC nor any of its employees is an agent of Customer in SRRC or MPT or other governmental matters. ABC, however, may assist in preparation of the SRRC or MPT license application at no charge to Customer.



13. Entire Agreement.



Customer acknowledges that it has read and understands the terms and conditions of the Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements, oral and written, heretofore made between ABC and Customer, are merged in this Agreement which alone fully and completely expresses their agreement.



14. Amendment.



No modification of or additions to this Agreement shall be binding upon ABC unless such modification is in writing and signed by the ABC Division Service Vice President authorized to make such revisions and an authorized agent of Customer.



15. Validity.



If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions of this Agreement shall nevertheless continue in full force and effect and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid, void or unenforceable.



16. Headings.



Section and paragraph headings used in this Agreement are for convenience only and are not to be deemed or construed to be part of this Agreement.



17. Law.



This Agreement and the Rights and Duties of the Parties Shall Be Governed and Interpreted in Accordance With the Laws of the PRC.



18. Assignment.



No assignment or transfer, in whole or in part, of this Agreement by Customer shall be binding upon ABC without its prior written consent.



19. Waiver.



Failure or delay on the part of ABC or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement.



20. Time To Sue.



Except for money due upon an open account, no action shall be brought for any breach of this Agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law.



21. Language.



This Agreement is executed in both Chinese and English versions. In case of any discrepancy, the English version shall prevail.

[Chinese Version

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