Common use of Limited Warranty; Limitation of Liability Clause in Contracts

Limited Warranty; Limitation of Liability. The Seller warrants that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure to resist corrosion or erosion from any corrosive agent or fluid, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liability. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

Limited Warranty; Limitation of Liability. The Seller warrants VSI represents that the Goods it will be free from defects use reasonable care in material providing Services to Corner Store, and workmanship for a period of twelve (12) months from delivery, or such other period as Services shall be agreed upon provided by VSI in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure to resist corrosion or erosion from any corrosive agent or fluidaccordance with all applicable laws, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out ofrules, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyregulations. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHTHE IMMEDIATELY PRECEDING SENTENCE, THE SELLER ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO CORNER STORE AS IS, WHERE IS, WITH ALL FAULTS, AND VSI MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER (AND EXPRESSLY HEREBY DISCLAIMS ALL OTHER AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF OR FITNESS FOR A PARTICULAR PURPOSE, ARISING WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR CORNER STORE. FURTHERMORE, CORNER STORE MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VSI BY OPERATION ANY PARTY (INCLUDING, AN AFFILIATE OF LAW VSI) PERFORMING SERVICES ON BEHALF OF VSI HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO CORNER STORE. IT IS EXPRESSLY UNDERSTOOD BY CORNER STORE THAT VSI AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT VSI AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR OTHERWISEWILLFUL MISCONDUCT ON THE PART OF VSI OR ITS AFFILIATES. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liabilityCORNER STORE AGREES THAT THE REMUNERATION PAID TO VSI HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS VSI BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, CORNER STORE OR ANY BENEFICIARY OF THIS CONTRACT OTHER PERSON FOR CONSEQUENTIAL, ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR LOSSESCONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF VSI, ANY VSI AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER VSI, ANY VSI AFFILIATE, OR THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VSI OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, CORNER STORE AGREES TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY SECONDARY CHARGES PRODUCT OR ADMINISTRATIVE SERVICE PROVIDED TO CORNER STORE BY SUCH THIRD PARTY PROVIDER UNDER VSI’S OR PUNITIVE DAMAGESSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FINES, PENALTIES, FEES, EXPENSES VSI’S AND OTHER CHARGES, ITS AFFILIATES’ COLLECTIVE MAXIMUM LIABILITY TO CORNER STORE WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS AGGREGATE TO THE AMOUNT PAYABLE HEREUNDER BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISECORNER STORE (EXCLUDING DIRECT CHARGES).

Limited Warranty; Limitation of Liability. The Seller warrants that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse, accident, negligence, imprudence or incompetence; failure to resist corrosion or erosion from any corrosive agent or fluid, ; or due to deposits of foreign material from any fluid; prolonged storage in unsuitable environments; modifications or repairs not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

Limited Warranty; Limitation of Liability. The Seller warrants Subject to the other provisions of this Section, the Software will perform substantially as described in the VIDIZMO materials that you receive in or with the Goods Software. If the Software does not comply with this limited warranty, VIDIZMO will be free from defects repair or replace the Software in material and workmanship for a commercially reasonable period of twelve time after you notify VIDIZMO of the defect and provide VIDIZMO sufficient information to replicate the defect. This warranty does not apply: (12i) months from delivery, to any Software which has been altered or such modified by anyone other period as shall be agreed upon than VIDIZMO; (ii) to any Software which has been combined with software or hardware not contemplated expressly in writing by VIDIZMO; (iii) after termination or expiration of the parties. Seller’s limited warranty excludes remedy for damage or defect caused by Agreement; (iv) to abuse; , improper use, negligence, accident, modification, failure to resist corrosion or erosion from any corrosive agent or fluid, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, follow the operating procedures outlined in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected documentation provided by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyVIDIZMO. EXCEPT AS PROVIDED ABOVE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY SET FORTH IN THIS PARAGRAPHAGREE THAT THE USE OF THE VIDIZMO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT AS PROVIDED ABOVE, TO THE SELLER MAKES NO OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND VIDIZMO SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VIDIZMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESVIDIZMO SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, ARISING OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE VIDIZMO SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE VIDIZMO SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE VIDIZMO SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIDIZMO SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIDIZMO OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE VIDIZMO SOFTWARE MAY GO OUT OF DATE, AND VIDIZMO MAKES NO COMMITMENT TO UPDATE SUCH VIDIZMO SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF LAW THE VIDIZMO SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISEUNDER ANY OTHER CAUSE OF ACTION. Seller must be notified in writing THE USE OF THE VIDIZMO SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE VIDIZMO SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. VIDIZMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE VIDIZMO SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE VIDIZMO SOFTWARE FOR ANY PURPOSE. THE VIDIZMO SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE VIDIZMO SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of any defect the VIDIZMO SOFTWARE may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the Goods within a reasonable period course of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within use of the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusiveVIDIZMO SOFTWARE, and the total liability therefore, delays and disruption of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liabilityother network transmissions are completely beyond VIDIZMO's control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIDIZMO IS TO STOP USING THE VIDIZMO SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF VIDIZMO UNDER OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT PAID TO VIDIZMO OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE SOFTWARE GIVING RISE TO ANY SUCH LIABILITY IN THE YEAR IN WHICH THE LIABILITY AROSE. IN NO EVENT SHALL SELLER VIDIZMO OR ITS SUPPLIERS AFFILIATES BE LIABLE TO BUYERYOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY SUCCESSORS IN INTERESTKIND, OR ANY BENEFICIARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF THIS CONTRACT FOR CONSEQUENTIALUSE, INDIRECTDATA OR PROFITS, INCIDENTAL, WHETHER OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGESON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR ANY BREACH THEREOFUSE OF THE VIDIZMO SOFTWARE, WHETHER BASED UPON LOSS OF USEINCLUDING DAMAGES TO PROPERTY, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGECOMPUTER FAILURE OR MALFUNCTION AND, IMPAIRMENT TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF VIDIZMO HAS BEEN ADVISED OF OTHER GOODSTHE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF VIDIZMO AND THE VIDIZMO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISELAW.

Limited Warranty; Limitation of Liability. The Seller warrants that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure to resist corrosion or erosion from any corrosive agent or fluid, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.

Limited Warranty; Limitation of Liability. The Seller SELLER warrants that the Goods will be free from defects in material and workmanship for a period of twelve one (121) months year from deliverythe shipment date that all Goods sold by it meet the specifications for such Goods and are free from defects of material and workmanship. SELLER agrees to repair or replace without charge, F.O.B. its facility, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure at its option to resist corrosion or erosion from allow credit for, any corrosive agent or fluid, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, portion of the Buyer’s failure Goods which proves to properly advise be defective in material or workmanship within the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usagewarranty period stated above. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH THIS WARRANTY IS IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER LIEU OF AND EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaidINCLUDING, to Seller’s factoryWITHOUT LIMITATION, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liabilityANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSESSPECIAL, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE EXEMPLARY, OR PUNITIVE DAMAGES. THE TOTAL LIABILITY OF SELLER FOR ANY DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE GOODS PURCHASED HEREBY. Written notice of any claimed defect must be given to SELLER within thirty (30) days after such defect is or should have been discovered. Xxxxx claimed to be defective must be held for SELLER's shipping instructions. No claim for Goods alleged to be defective will be allowed until SELLER has had a reasonable opportunity to examine the Goods. SELLER's obligation with respect to defective Goods is expressly limited to the repair or replacement of, FINESor at its option, PENALTIESallowing credit for any such Goods, FEESall as herein above provided. This warranty does not extend to (a) any losses due to misuse, EXPENSES accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application; (b) products that have been repaired or altered outside of SELLER's facility, unless authorized in writing by SELLER or unless such installation, repair or alteration is performed by SELLER; or (c) any labor charges for removal and/or replacement of the non-conforming or defective product or part thereof. This warranty extends to BUYER only and not to BUYER’s customers or users of BUYER’s products. THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE BUYER'S SOLE AND OTHER CHARGES, ARISING OUT EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISELIMITED WARRANTY SET FORTH IN THIS SECTION 8.

Limited Warranty; Limitation of Liability. The Seller warrants that the Goods (1) will be free from defects in material and workmanship for the warranty period set forth herein and (2) conform with any applicable drawings, specifications, and other descriptions and requirements provided by Buyer to Seller in writing. Except as expressly set forth in this Section 8, Seller makes no other warranty with respect to the Goods delivered hereunder and expressly disclaims all other warranties, express or implied, including warranties of merchantability and of fitness for a particular purpose, arising by operation of law or otherwise. Unless otherwise agreed in writing by the parties, this warranty covers defects or deficiencies which manifest themselves within a period of twelve (12) months of the Goods being placed into service, but not longer than eighteen (18) months from deliverythe shipment date, or such other period as shall be agreed upon in writing by the partieswhichever occurs first. If Xxxxx does not pay Seller’s limited warranty excludes remedy invoice for damage or defect caused Goods in a timely manner, cf. section 5, Seller reserves the right to void any warranty, extended to Buyer herein, for the Goods covered by abuse; failure to resist corrosion or erosion from any corrosive agent or fluidthat invoice. Should Xxxxx subsequently pay the outstanding invoice in full, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing obligated to reinstitute the Product for a specific operation; or normal wear and tear under normal usagewarranties described herein. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing The voiding of any defect in the Goods within a reasonable period warranty, and subsequent reinstitution of time after discovery (said warrant cannot to exceed thirty (30) days) and the defective Goods must be delivered within extend the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shalli.e. the warranty period can never be longer than twelve (12) months from Goods being placed into service or eighteen (18) months from the shipment date, at its sole option and expense, either repair the same or supply replacement Goodswhichever occurs first. The remedies of Buyer set forth herein are exclusive, foregoing warranty shall be subject to the Goods being installed and maintained in accordance with the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, authorised installation and maintenance manuals available from Seller. The warranty shall not exceed the purchase price of the Goods giving rise to cover (i) any such claim for liability. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.defects or deficiencies caused by materials procured by Buyer or by structural designs stipulated or specified by Buyer,

Limited Warranty; Limitation of Liability. The Seller warrants to the Buyer that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes any remedy or claim for damage or defect caused by abuse; failure by Buyer or its carrier or agents to take action to resist corrosion or erosion from any corrosive agent or fluid, or due to deposits of foreign material from any fluid; , modifications not executed by the fault or obligation of the Seller; improper installation or operationoperation by Buyer; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified by Buyer in writing of any defect in the Goods within a reasonable period of time after discovery of such defects (not to exceed thirty (30) days) and the defective Goods must be delivered back to Seller within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated by Buyer in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth hereinherein and/or have been operated in accordance with Seller’s instructions, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liability. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS OR CARRIERS OR AGENTS OR EMPLOYEES BE LIABLE TO BUYER, ANY SUCCESSORS IN TITLE OR INTEREST, OR ANY BENEFICIARY OR CEDENT OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY INCIDENTAL OR SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.