8. Remedies

In the event Seller fails or refuse to perform its obligation hereunder to deliver the Equipment to Buyer, then, provided Buyer is not then in default hereunder, Buyer shall be entitled to terminate this Agreement. As used in this Agreement, the terms “deliver” and “delivery” includes the use of any a designated location. Under any circumstances, any claim by Buyer against Seller shall be limited to the refund of any sums previously paid by Buyer on account of the purchase price, if any, and liquidated damages in the amount of USD20/Equipment, but, in no event shall Seller be responsible for any claimed incidental or consequential damages. The parties agree that said sum is a reasonable estimate of the damages Buyer would suffer for breach or non-performance by Seller hereunder. In the event Seller tenders the Equipments for delivery in accordance with the terms of this Agreement and Purchaser fails or refuses to perform its obligations hereunder and pay the purchase price for the Equipments, at Seller’s option, in addition any other remedy available to Seller, Seller shall be entitled to terminate this Agreement.