Common use of Warranty and Disclaimers Clause in Contracts

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with the standards of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiency. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by others.

Warranty and Disclaimers. Seller AMGAS warrants to Customer that during the Warranty Period (as defined below), the Equipment will provide Purchaser with any applicable warranties provided by be free from material defects in parts and workmanship (the manufacturer of "Warranty"). The Warranty is subject to the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replaceoperation, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms maintenance of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken Equipment in accordance with the standards Operating Manual. The Warranty shall not apply to material defects caused or as a result of: accident, misuse, misapplication, abuse, storage, damage, negligence, or modification of care and diligence normally practiced or to the Equipment or any of its components; tampering, modification, adjustment or repair of the Equipment by recognized firms any person other than AMGAS or as described in performing services the Operations Manual; installation of any accessories onto, or replacement of any parts forming part of, the Equipment; or acts or events beyond AMGAS’ reasonable control, including acts of God, civil or military authority, civil disturbance, or power line/transmission line voltage. A claim under the Warranty must be made by Customer in writing to AMGAS within thirty (30) days of the manifestation of a similar naturematerial defect with the Equipment giving rise to such Warranty claim. If, during one year from AMGAS’ sole obligation under the completion of Services, it is shown that the foregoing standards have not been met, Seller shallWarranty is, at its costAMGAS’ option, re-perform to repair, replace or correct any such material defect that was present at the Services time of delivery, or to remove, or have removed, the Equipment and to refund the Purchase Price to Customer. The "Warranty Period" begins on the date the Equipment is delivered to Customer and continues for twelve (12) months. Any repairs under this Warranty must be conducted by an authorized AMGAS service representative. AMGAS does not authorize any person or party to assume or create for it, or extend, enlarge, or transfer, any other obligation or liability in connection with the Equipment except as may be necessary to remedy the deficiencyset forth herein. SELLER THE INDEMNITY AND WARRANTY IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES PROVIDED IN RESPECT OF THE EQUIPMENT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AMGAS HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORKMERCHANTABILITY, QUALITY AND/OR RE-PERFORM FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY WITH RESPECT TO THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY FUNCTION, DURABILITY, COMPATIBILITY, OR OPERATION OR USE OF THE PURCHASER OR USERS OF EQUIPMENT, AND ANY WARRANTY THAT THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLEREQUIPMENT WILL MEET CUSTOMER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersREQUIREMENTS.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with the standards of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-re- perform the Services as may be necessary to remedy the deficiency. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by others.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller i. Warranty DBM warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one thirty (130) year days from performance (“Warranty Period”) that the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken performed in accordance with the standards of care and diligence normally practiced generally followed by recognized firms in performing other comparable translation services of a similar natureproviders. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, DBM shall use commercially reasonable efforts to re-perform such portion of the Services as may which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be necessary to remedy the deficiencyresponsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable. ii. SELLER HEREBY WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY EXPRESS TERMS OF THE PURCHASER AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR USERS OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE WORK, INCLUDING FULLEST EXTENT PERMITTED BY LAW. THE OWNER, IRRESPECTIVE AGREEMENT IS FOR THE PROVISION OF SELLER’S STRICT LIABILITY, FAULT SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersOTHER GOODS DELIVERED PURSUANT TO THE AGREEMENT.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of Zorachka has a Limited Warranty on the Products, which is incorporated into these Sales Terms as an Incorporated Policy. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materialsPlease read it carefully. AS FAR AS PERMITTED BY APPLICABLE LAW, if under normal and proper useUNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY, for a period of one (1) year from the date of delivery. Seller shall repair or replaceTHE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with the standards of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiency. SELLER HEREBY DISCLAIMS ALL OTHER EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES INCLUDING WITHOUT LIMITATION ALL OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR YOU USE ANY PRODUCTS AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSS, LIABILITY OR REPLACE SUCH WORK, DAMAGES RESULTING FROM YOUR USE OF A PRODUCT AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORKRELATED SERVICE, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE OWNERPRODUCT, IRRESPECTIVE OF SELLER’S STRICT LIABILITYCOMPUTER, FAULT OR NEGLIGENCEMOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME. In With respect to Zorachka Products, you may choose whether to make a claim under these Sales Terms or the event Seller is requested Limited Warranty or both, but you may not recover twice in respect of the same loss. Some jurisdictions do not allow the exclusion of implied warranties, such as exclusions relating to provide remedial products or services at any location other than that are faulty or not as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipmentdescribed, or products, accessories the exclusion or attachments manufactured by third parties, (ii) work over limitation of incidental or repair work by others, (iii) products consequential damages or parts requiring replacement because other rights. For a full description of natural wear and tear, erosion, corrosion or due your legal rights you should refer to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by otherslaws applicable in your jurisdiction. Nothing in these Sales Terms will affect those other legal rights.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured product supplied hereunder shall, at the time of delivery to Buyer, conform to the published specifications of Seller and sold by Seller will not have defective to be free from defects in material and workmanship and materials, if under normal use and proper useservice. Seller’s sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at Seller’s option, of any such product which proves defective within one year (within 3 years for a period the PermaNET only) after the date of one original shipment from seller’s factory and is found to be defective in material or workmanship by Seller’s inspection. Except as specified in this section, Seller shall not be liable for any costs Buyer may encounter from lost field labor, timely penalty charges, or any other cost arising after delivery of product, regardless of cause. Buyer agrees that (1) year from any technical advice, information, suggestions, or recommendations given to Buyer by Seller or any representative of Seller with respect to the date product or the suitability or desirability of delivery. Seller shall repair the product for any particular use or replace, F.O.B. at Seller’s Office or such other place as indicated by application are based solely on the general knowledge of Seller, are intended for information guidance only, and do not constitute any such Products manufactured and sold representation or warranty by Seller that the product shall in fact be suitable or desirable for any particular use or application; (2) Buyer takes sole responsibility for the use and applications to which are defective within the terms product is put and Buyer shall conduct all testing and analysis necessary to validate the use and application to which Buyer puts the product for which Buyer may recommend the use or application of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with product by others; and (3) the standards characteristics, specifications, and/or properties of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as product may be necessary affected by the processing, treatment, handling, and/or manufacturing of the product by Buyer or others and Seller takes no responsibility for the nature or consequence of such operations or as to remedy the deficiencysuitability of the product for the purposes intended to be used by Buyers or others after being subjected to such operations. SELLER HEREBY DISCLAIMS ALL MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED, OF THE PRODUCT SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. THE FOREGOING OBLIGATION TO REPAIR SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFITS, OR REPLACE SUCH WORKSPECIAL, AND/INCIDENTAL, OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH OF THE PURCHASER OR USERS OF THE WORKWARRANTY, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT TORT, CONTRACT, OR NEGLIGENCEOTHERWISE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersSELLER SHALL IN NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND OR PRODUCT DELIVERED ON ACCOUNT OF THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON ACCOUNT OF THIS ORDER.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by Licensor represents that it has the manufacturer of right to grant the Products. Seller license herein and warrants that all Work manufactured the Product to be free from defects in material and sold by Seller will not have defective workmanship and materials, if under normal and proper use, use for a period of one (1) year 30 days from the date of deliverylicense. Seller shall repair or replace, F.O.B. at SellerLicensor’s Office or such other place as indicated by Seller, any such Products manufactured entire liability and sold by Seller which are defective within the terms Licensee’s sole and exclusive remedy for a breach of the foregoing warrantywarranty and with respect to any claims arising out of this Agreement is the refund of the purchase price or replacement of the Product, at Licensor’s option. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller Licensee represents and warrants that Services it has the right and authority to enter into this Agreement, and that it will be undertaken not use the Product in accordance any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the standards use of care names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and diligence normally practiced by recognized firms in performing services Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of a similar nature. Ifthe above, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiencyrequired for reproduction, have been obtained. SELLER HEREBY DISCLAIMS ALL LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF; OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE PRODUCT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE FOREGOING OBLIGATION REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO REPAIR THE PRODUCT AS DELIVERED BY LICENSOR AND WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY IF LICENSEE IS OTHERWISE IN BREACH OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCETHIS AGREEMENT. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersYOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. Seller Feature Labs warrants to Licensee that the unaltered Software will provide Purchaser operate substantially in conformance with any applicable warranties provided by the manufacturer Documentation for 90 days after the Effective Date (the “Warranty”). Any Warranty claim must be made in writing to Feature Labs during such 90-day period. Feature Labs’ sole obligation and Licensee’s exclusive remedy in respect of the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation this Warranty is to use reasonable efforts to repair or replace such Products unless Seller receives such Products the nonconforming Software or, at Seller’s Office Feature Labs’ sole discretion, to accept return of the nonconforming Software in exchange for a refund to Licensee of the amount of License Fees that Licensee paid for the nonconforming Software. The Warranty will apply only to paid Software licenses, and will not apply to any nonconformity resulting from any hardware, operating system or such place which Seller agrees other software, or to any Software or that was (a) used in writing. Seller warrants that Services will be undertaken violation of this Agreement, (b) used, handled, operated, or maintained improperly, or in accordance any manner not in accord with the standards of care and diligence normally practiced Documentation, industry standard practice or Feature Labs’ instructions or recommendations, or (c) combined, altered, modified or repaired other than by recognized firms in performing services of a similar natureor for Feature Labs. IfEXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, during one year from the completion of ServicesTHE SOFTWARE, it is shown that the foregoing standards have not been metDOCUMENTATION, Seller shallAND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FEATURE LABS DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY LICENSEE APPLICATION OR ENVIRONMENT OR OTHERWISE MEET LICENSEE’S REQUIREMENTS, at its costOR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, re-perform the Services as may be necessary to remedy the deficiency. SELLER ON BEHALF OF ITSELF AND ITS LICENSORS, FEATURE LABS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, ACCURACY, MERCHANTABILITY AND OR FITNESS FOR PURPOSEANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORKThis Warranty provides specific legal rights, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested and Licensee may also have other rights which vary from state to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply state or from country to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by otherscountry.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by Licensor represents that it has the manufacturer of right to grant the Products. Seller license herein and warrants that all Work manufactured the Product to be free from defects in material and sold by Seller will not have defective workmanship and materials, if under normal and proper use, use for a period of one (1) year 30 days from the date of deliverylicense. Seller shall repair or replace, F.O.B. at SellerLicensor’s Office or such other place as indicated by Seller, any such Products manufactured entire liability and sold by Seller which are defective within the terms Licensee’s sole and exclusive remedy for a breach of the foregoing warrantywarranty and with respect to any claims arising out of this Agreement is the refund of the license fee or replacement of the Product, at Licensor’s option. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller Licensee represents and warrants that Services it has the right and authority to enter into this Agreement, and that it will be undertaken not use the Product in accordance any way that it not permitted by this Agreement. Licensee agrees that Licensor makes no warranties with regard to the standards use of care names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture depicted in any Product, and diligence normally practiced by recognized firms in performing services Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of a similar nature. Ifthe above, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiencyrequired for reproduction, have been obtained. SELLER HEREBY DISCLAIMS ALL LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, EXEMPLARY, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES; LOST PROFITS OR LOSS OF PROSPECTIVE COMPENSATION, GOODWILL OR LOSS THEREOF, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE PRODUCT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES. LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF PAID BY THE LICENSEE FOR THE PRODUCT. ALL CLAIMS MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE DATE THAT LICENSEE DISCOVERED THE CLAIM, OR SHALL BE WAIVED. THE FOREGOING OBLIGATION REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR IN THIS AGREEMENT APPLY ONLY TO REPAIR THE PRODUCT AS DELIVERED BY LICENSOR AND WILL BE INVALID IF THE PRODUCT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY IF LICENSEE IS OTHERWISE IN BREACH OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCETHIS AGREEMENT. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersYOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured product supplied hereunder shall, at the time of delivery to Buyer, conform to the published specifications of Seller and sold by Seller will not have defective to be free from defects in material and workmanship and materials, if under normal use and proper useservice. Seller’s sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at Seller’s option, of any such product which proves defective within two years of date of manufacture for a period solenoid operated valves and pumps, one year of one date of manufacture for motor driven pumps and electric rotary valves, or 90 days after the date of original shipment from Seller’s factory (all other products) and is found to be defective in material or workmanship by Seller’s inspection. Buyer agrees that (1) year from any technical advice, information, suggestions, or recommendations given to Buyer by Seller or any representative of Seller with respect to the date product or the suitability or desirability of delivery. Seller shall repair the product for any particular use or replace, F.O.B. at Seller’s Office or such other place as indicated by application are based solely on the general knowledge of Seller, are intended for information guidance only, and do not constitute any such Products manufactured and sold representation or warranty by Seller that the product shall in fact be suitable or desirable for any particular use or application; (2) Buyer takes sole responsibility for the use and applications to which are defective within the terms product is put and Buyer shall conduct all testing and analysis necessary to validate the use and application to which Buyer puts the product and for which Buyer may recommend the use or application of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with product by others; and (3) the standards characteristics, specifications, and/or properties of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as product may be necessary affected by the processing, treatment, handling, and/or manufacturing of the product by Buyer or others and Seller takes no responsibility for the nature or consequence of such operations or as to remedy the deficiencysuitability of the product for the purposes intended to be used by Buyer or other after being subjected to such operations. SELLER HEREBY DISCLAIMS ALL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED, OF THE PRODUCT SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. THE FOREGOING OBLIGATION TO REPAIR SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFITS, OR REPLACE SUCH WORKSPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR OTHERWISE. SELLER SHALL IN NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY PRODUCT DELIVERED ON ACCOUNT OF THE PURCHASER OR USERS THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON ACCOUNT OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersTHIS ORDER.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured product supplied hereunder shall, at the time of delivery to Buyer, conform to the published specifications of Seller and sold by Seller will not have defective be free from defects in material and workmanship and materials, if under normal use and proper useservice. Seller’s sole obligation and liability under this warranty is limited to the repair or replacement at its factory, at Seller’s option, of any such product which proves defective within one year after the date of original shipment from seller’s factory (or for a period of one normal usable lifetime if the product is a disposable or expendable item) and is found to be defective in material or workmanship by Seller’s inspection. Buyer agrees that (1) year from any technical advice, information, suggestions, or recommendations given to Buyer by Seller or any representative of Seller with respect to the date product or the suitability or desirability of delivery. Seller shall repair the product for any particular use or replace, F.O.B. at Seller’s Office or such other place as indicated by application are based solely on the general knowledge of Seller, are intended for information guidance only, and do not constitute any such Products manufactured and sold representation or warranty by Seller that the product shall in fact be suitable or desirable for any particular use or application; (2) Buyer takes sole responsibility for the use and applications to which are defective within the terms product is put and Buyer shall conduct all testing and analysis necessary to validate the use and application to which Buyer puts the product for which Buyer may recommend the use or application of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with product by others; and (3) the standards characteristics, specifications, and/or properties of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as product may be necessary affected by the processing, treatment, handling, and/or manufacturing of the product by Buyer or others and Seller takes no responsibility for the nature or consequence of such operations or as to remedy the deficiencysuitability of the product for the purposes intended to be used by Buyer or others after being subjected to such operations. SELLER HEREBY DISCLAIMS ALL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED, OF THE PRODUCT SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION ALL LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. THE FOREGOING OBLIGATION TO REPAIR SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFITS, OR REPLACE SUCH WORKSPECIAL, AND/INCIDENTAL, OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH OF THE PURCHASER OR USERS OF THE WORKWARRANTY, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT TORT, CONTRACT, OR NEGLIGENCEOTHERWISE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by othersSELLER SHALL IN NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND OR PRODUCT DELIVERED ON ACCOUNT OF THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON ACCOUNT OF THIS ORDER.