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 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 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 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 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.

Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by Cast Metals Technology warrants castings against defects. It is a condition for this warranty that you notify Cast Metals Technology if the manufacturer defect or damage is the result 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, erosionimproper maintenance, corrosion neglect, misuse, accident, or operation under abnormal conditions. Our liability for defective castings shall be limited to repairing or replacing, at our option, the defective castings. It is a condition for this warranty that you notify Cast Metals Technology of the defect within 1 year of delivery date regardless of the date of discovery of the defect. The replacement or repair of the defective goods will be made F.O.B our plant and no allowances will be made for machine work, transportation, installation, or other charges. The repair or replacement represents our sole and exclusive liability for any defect or failure of the goods, whether liability is based on contract, warranty or tort, and in no event shall our liability exceed the price of the order. Claims of error in number or weight must be made within ten (10) days of receipt. Except to the extent that the descriptions of size, quantity, and type, which may appear on the reverse side hereof, may be construed as express warranties under applicable state laws. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND THERE ARE NO IMPLIED WARRANTIES OR MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Cast Metals Technology SHALL HAVE NO LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES, INCUDING WITHOUT LIMATION, LOSS OF PROFIT OR REVENUEAND DAMAGES OCCURING TO ANY PERSON OR TO ANY OTHER PART, COMPONENT OR PROPERTY ARISING OUT OF THE INSTALLATION, OPERATION, USE, MISUSE, NONUSE, REPAIR OR REPLACEMENT OF SAID GOODS, OR DUE TO THE USE OF ANY METHOD OF PROCESS FOR WHICH THE SAME MAY BE EMPLOYED. You shall assume and indemnify us from any loss (including the cost of defense) due to improper useclaims of injury to person or property arising out of your installation, operation, installation possession 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 use of the Work by othersthese goods.

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.