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Promptly upon the receipt of a shipment of Products, the Customer shall examine the shipment to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within [FIVE] 5 days of receipt of the shipment, Customer shall notify Company in writing of any shortage, defect or damage which Customer claims existed at the time of delivery. Failure to notify Company in writing during this period shall be deemed full and complete acceptance of the Products. Within [FIVE] 5 days after the receipt of such notice, Company will investigate the claim of shortages, defects or damage, inform Customer of its findings and deliver to Customer Products to replace any which Company determines, in its sole discretion, were in short supply, defective or damaged at the time of delivery.

If any monies not paid via invoice or otherwise under this Agreement are not paid when due, interest will be added to and payable on all overdue amounts at 1 percent per month, or the maximum percentage allowed under applicable laws, whichever is less. Customer agrees to also pay all costs of collection, including without limitation, reasonable attorney fees, court costs and interest plus penalties. In addition to any other right or remedy provided by law, if Customer fails to pay for the Product(s) when due, Hypoxico has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek any and all legal remedies at law and equity.

Moreover, until final payment is received by Hypoxico hereunder, Hypoxico shall retain a Purchase Money Security Interest (PMSI) in such property described herein, and Customer by its signature below agrees to allow such PMSI by Hypoxico as a security interest and associated financing statement with Hypoxico able to exercise any and all legal rights in law and equity.

If you have questions please reach out to a Hypoxico representative either by phone 212-972-1009 or email hello@hypoxico.com.