If Buyer produces the bus for Vendor to convert, Vendor accepts the Order based on the understanding that Buyer is warranting that to the best of his knowledge the bus is fit for service as intended. If Buyer later discovers a defect in the bus he purchased, Buyer shall indemnify to the fullest extent permitted by law if Vendor was, is or becomes a party to or threatened to be made a party to any threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing, inquiry or investigation that Vendor in good faith believes might lead to the institution of any such action, by reason of or arising in part out of any event or occurrence related to or in connection with the bus, the conversion or this Agreement. This indemnification clause will survive this agreement and be enforceable as a separate agreement in the event the same becomes necessary.
This agreement, all of its terms and conditions and any attachments or exhibits are applicable to all Orders which may be issued under this agreement and are incorporated by reference for all purposes and constitute a complete integration of the parties' understanding and agreement.
Vendor and Buyer should sign all Orders which may be issued under this agreement and each should retain a signed copy of same. It is anticipated that Vendor may ship goods or provide services to Buyer upon the receipt of verbal acceptance from Buyer without signing one or more Orders. In that event, Vendor's initiation of performance under an Order constitutes Buyer’s acceptance of Vendor’s Order and both parties are subject to all of the terms and conditions contained herein and in the applicable Order.