Platt Electric Supply, Inc. MASTER PURCHASE AGREEMENT ...

appeal) in addition to any other costs allowed by law. "Prevailing party" means the party that prevails
either affirmatively or by means of a successful defense with respect to claims having the greatest value or
importance as reasonably determined by the arbitrator or the court with jurisdiction over the matter. Seller
consents to service of process by certified or registered mail at the address for Seller set forth in the first
paragraph of this Agreement
(f) Seller agrees that any ambiguity, contradiction or inconsistency will not be construed
against Platt due to the fact that Platt drafted this Agreement.
(g) If any portion of this Agreement or any Purchase Order is found to be unenforceable, such
finding will not invalidate the remainder of this Agreement or that Purchase Order.
(h) Any delay in enforcing or any failure to enforce any provision of this Agreement or any
Purchase Order will not be deemed a waiver of any other or subsequent breach of any provisions of this
Agreement or that Purchase Order.
(i) Caption headings are for convenience of reference only and will not affect the
interpretation of this Agreement. The words "includes" and "including" are not limiting in any way. The
term "and/or" means each and all of the persons, words, provisions or items connected by that term; i.e., it
has a joint and several meaning.
(j) Seller and Platt, as a condition to transacting business with the other party, each hereby
waives and relinquishes any right to a jury trial it may now or hereafter have under any constitution or law
in any dispute arising out of or relating to this Agreement or any Purchase Order.
(k) Any action for breach of any term of this Agreement or any Purchase Order or any
warranty from Seller to Platt must be commenced within four years after the date Platt's customer receives
delivery of the Goods or Services - except that where a warranty explicitly extends to future performance
of the Goods or Services and discovery of the breach must await the time of such performance, the four
year limitations period will begin when the breach is or should have been discovered.
By Acceptance of a Platt Purchase Order (as Outlined in Section 2 “Acceptance of Purchase
Order”) the Seller acknowledges they have read the entire agreement and fully understands and
agrees to be bound by the terms of this agreement.
Platt Electric Supply, Inc. Master Purchasing Agreement revised 08/22/12
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