Common use of LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES Clause in Contracts

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES (i) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES OR, AT SELLER’S OPTION, A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT TO THE REFUND TO SELLER AND TRANSFER TITLE TO SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OF

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS THAT THE PRODUCT SOLD HEREUNDER CONFORMS TO ITS SPECIFICATION; (b) EXCEPT AS OTHERWISE PROVIDED IN 10(a) HEREOF, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PERIOD PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER HAS NOT MADE ANY RECOMMENDATION TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF ONE (1) YEAR THE PRODUCT. BUYER ASSUMES ALL RISKS AND LIBAILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE DATE USE OR SUBSEQUENT SALE OF DELIVERY THE PRODUCT, EITHER ALONE OR IN COMBINATION WITH OTHER INGREDIENTS. BUYER HAS SATISFIED ITSELF THAT THE PRODUCTS PRODUCT AND SERVICES THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE LAWS OF THE RELEVANT COUNTRIES; (ic) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT SELLER’S EXCLUSIVE LIABILITY FOR SHIPMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES ORNON-CONFIRMING PRODUCT SHALL BE LIMITED TO, AT SELLER’S SOLE OPTION, EITHER REPLACEMENT OF THE NON-CONFORMING PRODUCT OR A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID PRICE PAID. ALL CLAIMS MADE WITH RESPECT TO THE PRODUCT SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING AND RECEIVED BY SELLER WITHIN SIXTY (60) DAYS OF DELIVERY. BUYER MUST MAKE ANY CLAIM FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND NON-COMFORMING PRODUCT, BREACH OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT WARRANTY WITH RESPECT TO THE REFUND PRODUCT SOLD, OR ANY CLAIM OF ANY NATURE WHATSOEVER WITH RESPECT TO SELLER THE PRODUCT SOLD HEREUNDER IN WRITING WITHIN SIXTY (60) DAYS AFTER BUYER’S RECEIPT OF PRODUCT. BUYER IRREVOCABLY WAIVES AND TRANSFER TITLE TO RELEASES ALL CLAIMS THAT ARE NOT PROPERLY MADE WITHIN SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFPERIOD.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER CHROMADEX WARRANTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES NIAGEN SOLD HEREUNDER SHALL BE (i) MEET OR EXCEED MANUFACTURED IN ACCORDANCE WITH cGMP AND APPLICABLE LAWS AND REGULATIONS IN THE WRITTEN SPECIFICATIONS OF SELLER, UNITED STATES AND (ii) ARE FREE SHALL CONFORM TO THE SPECIFICATIONS SET FORTH ON EXHIBIT A; (b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.7(a) HEREOF, CHROMADEX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NIAGEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MATERIAL DEFECTS IN DESIGN MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHROMADEX HAS NOT MADE ANY RECOMMENDATION TO ELYSIUM HEALTH REGARDING THE USE OR WORKMANSHIPSUBSEQUENT SALE OF THE NIAGEN. ELYSIUM HEALTH ASSUMES ALL RISKS AND LIBAILITIES FOR ANY LOSS, EXCLUDING, HOWEVER, ANY DEFECTS DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM SPECIFICATIONSTHE USE OR SUBSEQUENT SALE OF THE NIAGEN, METHODSEITHER ALONE OR IN COMBINATION WITH OTHER INGREDIENTS. ELYSIUM HEALTH HAS SATISFIED ITSELF THAT THE NIAGEN AND THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE LAWS OF THE RELEVANT COUNTRIES; (c) ELYSIUM HEALTH’S EXCLUSIVE REMEDY AND CHROMADEX’S EXCLUSIVE LIABILITY FOR SHIPMENT OF NON-CONFORMING NIAGEN SHALL BE LIMITED TO, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYERAT CHROMADEX’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR OPTION, EITHER REPLACEMENT OF THE NONCONFORMING PRODUCTS NON-CONFORMING NIAGEN OR REPERFORMANCE OF THE SERVICES OR, AT SELLER’S OPTION, A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER FOR THE NONCONFORMING PRODUCTS OR SERVICESPRICE PAID. EXCEPT AS SET FORTH IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT SECTION 3.6: (x) ALL CLAIMS MADE WITH RESPECT TO THE REFUND PRODUCT SHALL BE DEEMED WAIVED BY ELYSIUM HEALTH UNLESS MADE IN WRITING AND RECEIVED BY CHROMADEX WITHIN THIRTY (30) DAYS OF DELIVERY; (y) ELYSIUM HEALTH MUST MAKE ANY CLAIM FOR NON-COMFORMING NIAGEN, BREACH OF WARRANTY WITH RESPECT TO SELLER THE NIAGEN SOLD, OR ANY CLAIM OF ANY NATURE WHATSOEVER WITH RESPECT TO THE NIAGEN SOLD HEREUNDER IN WRITING WITHIN THIRTY (30) DAYS AFTER ELYSIUM HEALTH’S RECEIPT OF NIAGEN; AND TRANSFER TITLE TO (z) ELYSIUM HEALTH IRREVOCABLY WAIVES AND RELEASES ALL CLAIMS THAT ARE NOT PROPERLY MADE WITHIN SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFPERIOD.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES PRODUCT SOLD HEREUNDER SHALL BE (i) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, MANUFACTURED IN ACCORDANCE WITH GOOD MANUFACTURING PRACTICES AND APPLICABLE LAWS AND REGULATIONS AND (ii) ARE FREE SHALL CONFORM TO THE SPECIFICATION; (b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 9(a) HEREOF, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MATERIAL DEFECTS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER HAS NOT MADE ANY RECOMMENDATION TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF THE PRODUCT. EXCEPT AS PROVIDED IN DESIGN SECTIONS 7 AND 14, (i) BUYER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS INJURY TO PERSONS OR PROPERTY RESULTING FROM SPECIFICATIONSTHE USE OR SUBSEQUENT SALE OF THE PRODUCT, METHODS, DESIGNS, EITHER ALONE OR INSTALLATION PROVIDED IN COMBINATION WITH OTHER INGREDIENTS NOT SUPPLIED BY SELLER; AND (ii) BUYER HAS SATISFIED ITSELF THAT THE PRODUCT AND THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE LAWS OF THE RELEVANT COUNTRIES; (c) BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT SELLER’S EXCLUSIVE LIABILITY FOR SHIPMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES ORNON-CONFORMING PRODUCT SHALL BE LIMITED TO, AT SELLER’S SOLE OPTION, EITHER REPLACEMENT OF THE NON-CONFORMING PRODUCT OR A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID PRICE PAID. EXCEPT AS PROVIDED IN SECTIONS 7 AND 14: (x) ALL BREACH OF WARRANTY CLAIMS MADE WITH RESPECT TO THE PRODUCT SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING AND RECEIVED BY SELLER WITHIN THIRTY (30) DAYS OF DELIVERY; (y) BUYER MUST MAKE ANY CLAIM FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND NON-COMFORMING PRODUCT, BREACH OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT WARRANTY WITH RESPECT TO THE REFUND PRODUCT SOLD, OR ANY CLAIM OF ANY NATURE WHATSOEVER WITH RESPECT TO SELLER THE PRODUCT SOLD HEREUNDER IN WRITING WITHIN THIRTY (30) DAYS AFTER BUYER’S RECEIPT OF PRODUCT; AND TRANSFER TITLE TO (z) BUYER IRREVOCABLY WAIVES AND RELEASES ALL CLAIMS THAT ARE NOT PROPERLY MADE WITHIN SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFPERIOD.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS EXCEPT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY EXPRESS WARRANTY, IF ANY, THAT THE PRODUCTS COMPLY WITH THE SPECIFICATIONS IDENTIFIED IN WRITING ON THE FACE OF OR ACCOMPANYING THIS ORDER, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES IN THIS ORDER OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL WARRANTIES, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO BUYER FOR ANY CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, INCOME, OR REVENUE, LOSS OF TIME OR INCONVENIENCE, LOSS OR DAMAGE TO ASSOCIATED EQUIPMENT, COST OF SUBSTITUTED OR REPLACEMENT EQUIPMENT, LOSS TO FACILITIES, LOSS OF CAPITAL, LOSS OF SERVICES (i) MEET OR EXCEED ANY OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGE ARISING OUT OF THIS ORDER OR THE WRITTEN SPECIFICATIONS OPERATION, FUNCTION OR CHARACTERISTICS OF THE PRODUCTS PURCHASED HEREUNDER OR OTHERWISE PROVIDED BY SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS . IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM THE EVENT THAT PRODUCTS DO NOT SATISFY SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES ORTHEY WILL BE REPLACED, AT SELLER’S OPTION, A REFUND OF WITH PRODUCTS THAT DO SATISFY THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, SPECIFICATIONS AT SELLER’S REQUEST, FIRST SHIP SOLE EXPENSE. SAID REPLACEMENT IS THE PRODUCTS SUBJECT TO THE REFUND TO SELLER SOLE AND TRANSFER TITLE TO SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFEXCLUSIVE REMEDY OF BUYER.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES (i) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES OR, AT SELLER’S OPTION, A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT TO THE REFUND TO SELLER AND TRANSFER TITLE TO SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS THE NR PRODUCT SOLD HEREUNDER, AS DELIVERED TO BUYER, CONFORMS, TO ITS SPECIFICATIONS; (a) EXCEPT FOR THE SPECIFIC WARRANTIES CONTAINED IN NORMAL APPLICATIONS THIS PARAGRAPH AND ELSEWHERE IN THE PRODUCTS WILL AGREEMENT, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE NR PRODUCT OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING BUT NOT ROTLIMITED 19 Buyer’s and Seller’s Initials /s/ CK /s/ RF 197763379 v4 TO, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PERIOD OFPARTICULAR PURPOSE. SELLER HAS NOT MADE ANY RECOMMENDATION TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF THE NR PRODUCT. EXCEPT FOR ANY LIABILITIES RELATING TO NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR BREACH OF THIS AGREEMENT BY SELLER (OR ITS AFFILIATES OR CONTRACTORS) BUYER ASSUMES ALL OTHER RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE NR PRODUCT, EITHER ALONE OR IN COMBINATION WITH OTHER INGREDIENTS; AND (b) BUYER WARRANTS TO SELLER THAT BUYER HAS SATISFIED ITSELF THAT THE NR PRODUCT AND THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE APPLICABLE LAWS AND REGULATORY REQUIREMENTS OF THE RELEVANT COUNTRIES.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS THAT THE PRODUCT SOLD HEREUNDER CONFORMS TO ITS SPECIFICATION; (b) EXCEPT AS OTHERWISE PROVIDED IN 10(a) HEREOF, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PERIOD PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER HAS NOT MADE ANY RECOMMENDATION TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF ONE (1) YEAR THE PRODUCT. BUYER ASSUMES ALL RISKS AND LIBAILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE DATE USE OR SUBSEQUENT SALE OF DELIVERY THE PRODUCT, EITHER ALONE OR IN COMBINATION WITH OTHER INGREDIENTS. BUYER HAS SATISFIED ITSELF THAT THE PRODUCTS PRODUCT AND SERVICES THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE LAWS OF THE RELEVANT COUNTRIES; (ic) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT SELLER’S EXCLUSIVE LIABILITY FOR SHIPMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES ORNON-CONFIRMING PRODUCT SHALL BE LIMITED TO, AT SELLER’S SOLE OPTION, EITHER REPLACEMENT OF THE NON-CONFORMING PRODUCT OR A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID PRICE PAID. ALL CLAIMS MADE WITH RESPECT TO THE PRODUCT SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING AND RECEIVED BY SELLER WITHIN SIXTY (60) DAYS OF DELIVERY. BUYER MUST MAKE ANY CLAIM FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND NON-COMFORMING PRODUCT, BREACH OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT WARRANTY WITH RESPECT TO THE REFUND PRODUCT SOLD, OR ANY CLAIM OF ANY NATURE WHATSOEVER WITH RESPECT TO SELLER THE PRODUCT SOLD HEREUNDER IN WRITING WITHIN SIXTY (60) DAYS AFTER BUYER’S RECEIPT OF PRODUCT. BUYER IRREVOCABLY WAIVES AND TRANSFER TITLE TO RELEASES ALL CLAIMS THAT ARE NOT PROPERLY MADE WITHIN SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLEPERIOD. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portion. CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED UPON A REQUEST FOR CONFIDENTIAL TREATMENT AND THE PRODUCTS WILL NOT ROT, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFNON-PUBLIC INFORMATION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER WARRANTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES (i) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLER, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES OR, AT SELLER’S OPTION, A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, FIRST SHIP THE PRODUCTS SUBJECT TO THE REFUND TO SELLER AND TRANSFER TITLE TO SAID PRODUCTS TO SELLER AS SOON AS PRACTICABLE. (b) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS THE NR PRODUCT SOLD HEREUNDER, AS DELIVERED TO BUYER, CONFORMS, TO ITS SPECIFICATIONS; (a) EXCEPT FOR THE SPECIFIC WARRANTIES CONTAINED IN NORMAL APPLICATIONS THIS PARAGRAPH AND ELSEWHERE IN THE PRODUCTS WILL AGREEMENT, SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE NR PRODUCT OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING BUT NOT ROTBuyer's and Seller's Initials /s/ CK /s/ RF EXECUTION COPY LIMITED TO, SPLINTER, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PERIOD OFPARTICULAR PURPOSE. SELLER HAS NOT MADE ANY RECOMMENDATION TO BUYER REGARDING THE USE OR SUBSEQUENT SALE OF THE NR PRODUCT. EXCEPT FOR ANY LIABILITIES RELATING TO NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR BREACH OF THIS AGREEMENT BY SELLER (OR ITS AFFILIATES OR CONTRACTORS) BUYER ASSUMES ALL OTHER RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE NR PRODUCT, EITHER ALONE OR IN COMBINATION WITH OTHER INGREDIENTS; AND (b) BUYER WARRANTS TO SELLER THAT BUYER HAS SATISFIED ITSELF THAT THE NR PRODUCT AND THE PURPOSE FOR WHICH IT WILL BE USED AND/OR SOLD IS IN COMPLIANCE WITH THE APPLICABLE LAWS AND REGULATORY REQUIREMENTS OF THE RELEVANT COUNTRIES.

LIMITED WARRANTY AND DISCLAIMER OF ALL OTHER WARRANTIES. (a) SELLER XXXXX WARRANTS FOR A PERIOD OF ONE (1SET FORTH IN SECTION 8(c) YEAR FROM COMMENCING ON THE DATE OF DELIVERY THAT THE PRODUCTS AND SERVICES (i) MEET OR EXCEED THE WRITTEN SPECIFICATIONS OF SELLERSPECIFICATIONS, AND (ii) ARE FREE OF MATERIAL DEFECTS IN DESIGN OR WORKMANSHIP, EXCLUDING, HOWEVER, ANY DEFECTS RESULTING FROM SPECIFICATIONS, METHODS, DESIGNS, OR INSTALLATION PROVIDED BY BUYER OR BUYER’S CUSTOMER. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE EXPRESS WARRANTIES AND THIS AGREEMENT IS THE REPAIR OR REPLACEMENT OF THE NONCONFORMING PRODUCTS OR REPERFORMANCE OF THE SERVICES OR, AT SELLEREURAL’S OPTION, A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY SELLER XXXXX FOR THE NONCONFORMING PRODUCTS OR SERVICES. IN THE EVENT THAT BUYER OBTAINS A REFUND OF THE PURCHASE PRICE, BUYER SHALL, AT SELLER’S REQUEST, SHALL FIRST SHIP THE PRODUCTS SUBJECT TO THE REFUND TO SELLER XXXXX AND TRANSFER TITLE TO SAID PRODUCTS TO SELLER XXXXX AS SOON AS PRACTICABLE. THIS WARRANTY COVERS LABOR AND TRAVEL EXPENSES, INCLUDING BOARD AND LODGING FOR INDISPENSIBLE MODIFICATIONS OR INTEGRATIONS TO THE PRODUCTS; HOWEVER, THIS WARRANTY DOES NOT COVER, AND BUYER WILL BE RESPONSIBLE FOR, LABOR AND TRAVEL EXPENSES, INCLUDING BOARD AND LODGING, FOR CLAIMS THAT COULD NOT BE ATTRIBUTED TO PROBLEMS ARISING FROM PRODUCTS AND/OR SERVICES PROVIDED BY XXXXX. ANY BROKEN/FAULTY ITEM REPLACED UNDER THIS WARRANTY MUST BE RETURNED TO XXXXX WITHIN THIRTY (b30) SELLER WARRANTS THAT PLASTIC EXTRUDED PRODUCTS IN NORMAL APPLICATIONS DAYS FROM THE PRODUCTS WILL SHIPMENT DATE OF ANY REPLACEMENT PARTS AT THE ADDRESS PROVIDED BY XXXXX AT THE TIME OF THE CLAIM HANDLING. IF SUCH REPLACED PARTS ARE NOT ROTSO RETURNED, SPLINTERXXXXX SHALL INVOICE, DECAY OR SUFFER STRUCTURAL DAMAGE DIRECTLY FROM TERMITES OR FUNGAL DECAY UNDER NORMAL USE FOR A PERIOD OFAND BUYER AGREES TO PAY, THE VALUE OF THE REPLACEMENT PART.