Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. 7.1 For and during the Warranty Period (as defined below), Company warrants that the Goods will comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no specification for the Goods has been agreed to in writing between Company and Customer, Company warrants for and during the Warranty Period that the Goods will comply in all material respects with the specifications published by Company in relation to the Goods from time to time (if any), or, in the absence of any specification (agreed or published), the Goods will be free from material defects in workmanship or materials (the “Warranty”). 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 Any claim with respect to the Goods and any component parts manufactured by Company and sold hereunder shall be deemed waived by the Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer for all shipping costs incurred in connection with such return. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if the Goods have been subject to improper storage, accident, misuse or unauthorized modifications, alterations, or repairs, or have not been installed, operated, and maintained in accordance with procedures approved by Company, (b) to normal wear and tear, (c) to any errors, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or consequential liabilities (all three of which terms include without limitation loss of profit, loss of business, depletion of goodwill and like loss), losses, claims, damages, costs and expenses (including all legal and other professional expenses) awarded against or incurred or paid by Company as a result of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Goods.

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standard in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditionswhere: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its officers, employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation pure economic loss, loss of profitprofits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other t han a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standard in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its officers, employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation pure economic loss, loss of profitprofits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 8.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 8.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 8.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 8.2 Subject to the remainder of this Condition 8, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 8.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Goods Buyer has paid to the Seller in full for such Goods. 8.3 The Buyer agrees that it will, and that it will comply procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 8.3.1 for the purposes and in all material respects with the specifications published manner expressly set out in the Seller’s written instructions (including e-mail instructions) which may be supplied by Company the Seller to the Buyer with, or in relation to to, the Goods (including any applicable Material Safety Data Sheets); and 8.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standards in the jurisdiction to which the Buyer is subject, which are published from time to time (if any)time, and the Buyer acknowledges and agrees to hold the Seller harmless and indemnified from any cost or damage incurred due to a breach by the Buyer of the provisions of this Condition 8.3. 8.4 The Seller will not be liable under Conditions 8.1 or 8.2 or under any other provision of these Conditions where: 8.4.1 notice of the breach should have been but was not given to the Seller under Condition 9; or, 8.4.2 the relevant defect was caused by damage after delivery; or 8.4.3 the defect in the absence Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 8.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 8.3; or 8.4.5 the Buyer makes further use of the relevant Goods after discovering the relevant breach. 8.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 8.1 to 8.4 (inclusive) for the “Warranty”)residual Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 8.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim with 8.7 The remedies set out in this Condition 8 will be the sole and exhaustive remedies of the Buyer in respect to of any and all non-conformance of the Goods, and all warranties, conditions and other terms implied by law are hereby expressly excluded. 8.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods and for any component parts manufactured by Company and sold hereunder particular purpose. The Buyer shall be deemed waived not rely on any suggestion or representation concerning any possible use or application of the Goods made by the Customer unless Company is notified Seller in writingany sales or marketing literature or in any response to a specific enquiry, in determining the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 8.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 8.10 Subject to Condition 8.2, the Seller’s maximum aggregate liability arising out of or in connection with any breach the Contract, shall be limited to 125% of the Contract by Customer and death Price paid or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with payable under the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company 8.11 The Seller shall not be liable to Customer the Buyer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Goods.any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods within 30 days thereof. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will ensure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from willful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Buyer will be deemed to have accepted such Goods as being in all respects in accordance with the Contract. 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non-conformance of the Goods with the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 UNLESS OTHERWISE AGREED IN WRITING BY THE FOREGOING SELLER, THE SELLER DOES NOT WARRANT THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO THE SELLER AND NO SUCH WARRANTY IS TO BE IMPLIED FROM THE NAME OR DESCRIPTION UNDER WHICH THE GOODS ARE SOLD, NOR FROM ANY ADVICE OR RECOMMENDATION GIVEN BY THE SELLER, ITS EMPLOYEES, AGENTS AND/OR SUB-CONTRACTORS. ANY SUGGESTION OR REPRESENTATION CONCERNING ANY POSSIBLE USE OR APPLICATION OF THE GOODS MADE BY THE SELLER IN LIEU ANY SALES OR MARKETING LITERATURE OR IN ANY RESPONSE TO A SPECIFIC INQUIRY IS GIVEN IN GOOD FAITH, BUT IT IS ENTIRELY FOR THE BUYER TO SATISFY THEMSELVES FULLY AS TO THE SUITABILITY OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE GOODS FOR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with 10.9 The Buyer will indemnify the Seller in respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writingof all liabilities, in the case of defects apparent on visual inspectiondamages, within sixty (60) days from Deliveryinjuries, oractions, in the case of defects not apparent on visual inspectionsuits, within twelve (12) months from Delivery (such 60 days or 12 monthsclaims, as applicabledemands, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspectioncosts, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is establishedcharges, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 Any claim with respect to the Goods and any component parts manufactured by Company and sold hereunder shall be deemed waived by the Customer unless Company is notified in writingexpenses, in the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer for all shipping costs incurred in connection with such return. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if the Goods have been subject to improper storage, accident, misuse or unauthorized modifications, alterations, or repairs, or have not been installed, operated, and maintained in accordance with procedures approved by Company, (b) to normal wear and tear, (c) to any errors, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 SUBJECT TO CONDITIONS 10.2 AND 10.12, THE SELLER’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT, WHETHER IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), MISREPRESENTATION, UNDER STATUTE OR OTHERWISE, HOWSOEVER CAUSED INCLUDING ANY LIABILITY ARISING DIRECTLY OR INDIRECTLY OUT OF A BREACH OF, OR A FAILURE TO PERFORM OR DEFECT OR DELAY IN PERFORMANCE OF, ANY OF THE SELLER’S OBLIGATIONS UNDER THE CONTRACT (WHETHER IN RELATION TO THE SUPPLY OR USE OF THE GOODS, OR OF THE PACKAGES, PALLETS, OR CONTAINERS BY WHICH THE GOODS ARE DELIVERED OR OTHERWISE) AND/OR WHERE CAUSED BY A DELIBERATE PERSONAL REPUDIATORY BREACH BY THE SELLER, SHALL BE LIMITED TO 125% OF THE PRICE PAID OR PAYABLE UNDER THE CONTRACT. 10.11 The Seller shall not be liable to the Buyer for any: 10.11.1 loss of profit (direct or indirect); or 10.11.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect); or 10.11.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect); or 10.11.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect); or 10.11.5 liability of the Buyer to third parties (whether direct or indirect); or 10.11.6 indirect, consequential or special loss, which arise out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, directly or indirectly, liability arising out from a breach of, or a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract and/or where caused by a deliberate personal repudiatory breach by the Seller subject always to Condition 10.12. 10.12 Nothing in these Conditions will operate to exclude or restrict one party’s liability (if any) to the other: 10.12.1 for death or personal injury resulting from or related to the Contract its negligence or the Goodsnegligence of a person for whom it is vicariously liable; or 10.12.2 for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or 10.12.3 for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 Unless otherwise provided by law, the Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12 and other provisions as may be required by law, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non-conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal judgments which the Seller incurs or suffers as a consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12 and other professional expenses) awarded against or incurred or paid provisions as may be required by Company as a result law, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 Unless otherwise provided by law, the Seller shall not be liable to the Buyer for any: 10.11.1 loss of profit (direct or indirect); or 10.11.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect); or 10.11.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect); or 10.11.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect); or

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Goods Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will comply procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in all material respects with the specifications published manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by Company the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Goods Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time (if any), or, in the absence of any specification (agreed or published), the Goods will be free from material defects in workmanship or materials (the “Warranty”). 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspectiontime, and Company shall the Buyer acknowledges and agrees that the Seller will not be liable for under Conditions 10.1 or 10.2 if the cost of Goods are used or applied in any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection way other than in accordance with return shipping instructions that Company shall furnish to Customer upon receipt this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of Customer’s these Conditions where: 10.4.1 notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 Any claim with respect breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods and any component parts manufactured by Company and sold hereunder shall be deemed waived arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Customer unless Company is notified Buyer using or applying the Goods in writing, in the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection any way other than in accordance with return shipping instructions that Company shall furnish to with 10.4.5 the Customer forthwith upon receipt Buyer makes further use of the Customer’s notice of claim. If relevant Goods after discovering the claim is established, Company will reimburse the Customer for all shipping costs incurred in connection with such returnrelevant breach. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if the Goods have been subject to improper storage, accident, misuse or unauthorized modifications, alterations, or repairs, or have not been installed, operated, and maintained in accordance with procedures approved by Company, (b) to normal wear and tear, (c) to any errors, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or consequential liabilities (all three of which terms include without limitation loss of profit, loss of business, depletion of goodwill and like loss), losses, claims, damages, costs and expenses (including all legal and other professional expenses) awarded against or incurred or paid by Company as a result of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Goods.

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from any acts, omissions or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise), in particular Title 1 of Book 7 of the Dutch Civil Code, is excluded in relation to any Contract. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with the Contract, whether based on tort (onrechtmatige daad) or default (toerekenbare tekortkoming) or any breach other ground, howsoever caused, shall be limited to 125% of the Contract by Customer and death Price paid or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with payable under the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company 10.11 The Seller shall not be liable to Customer the Buyer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Goods.any:

Warranty and Liability. 7.1 For 9.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 9.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 9.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 9.2 Subject to the remainder of this Condition 9, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 9.1 due to defects in writing between Company materials, workmanship or composition (other than a composition specified by the Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. 9.3 The Buyer agrees that it will, and Customerthat it will procure that its officers, Company warrants employees, agents or sub-contractors will, only use or apply the Goods: 9.3.1 for the purposes and during in the Warranty Period manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer (including any applicable Material Safety Data Sheets) (if any) (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 9.3.2 in accordance with any applicable international standards and/or the equivalent standards in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 9.1 or 9.2 if the Goods are used or applied in any way other than in accordance with this Condition 9.3. 9.4 The Seller will not be liable under Conditions 9.1 or 9.2 or under any other provision of these Conditions where: 9.4.1 notice of the breach should have been but was not given to the Seller under Condition 10; or 9.4.2 the relevant defect was caused by damage in transit after delivery; or 9.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 9.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 9.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), orby the Buyer, in its officers, employees, agents or subcontractors. 9.5 Any Goods which have been replaced will belong to the absence Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 9.1 to 9.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 9.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 9.7 Subject to Condition 9.12, the remedies set out in this Condition 9 will be the sole and exhaustive remedies of the Buyer in respect of any and all non-conformance of the Goods with respect the Seller’s specification. To the extent permitted by PRC law, all warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 9.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub-contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 9.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 9.10 Subject to Conditions 9.2 and 9.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 100% of the Price paid or payable under the Contract. 9.11 The Seller shall not be liable to the Buyer for any: 9.11.1 loss of profit (direct or indirect); or 9.11.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect); or 9.11.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect); or 9.11.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect); or

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods.‌ 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standard in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditionswhere: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit afterdelivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its officers, employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation pure economic loss, loss of profitprofits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company materials, workmanship or composition (other than a composition s pecified by the Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. 10.3 The Buyer agrees that it will, and Customerthat it will procure that its officers, Company warrants employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and during in the Warranty Period manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), or, in the absence of any specification (agreed or published), the Goods will be free from material defects in workmanship or materials (the “Warranty”). 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 Any claim with respect to the Goods and any component parts manufactured by Company and sold hereunder shall be deemed waived by the Customer unless Company is notified in writingBuyer, in its officers, employees, agents or subcontractors; or 10.4.5 the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt Buyer makes further use of the Customer’s notice of claim. If relevant Goods after discovering the claim is established, Company will reimburse the Customer for all shipping costs incurred in connection with such return. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if the Goods have been subject to improper storage, accident, misuse or unauthorized modifications, alterations, or repairs, or have not been installed, operated, and maintained in accordance with procedures approved by Company, (b) to normal wear and tear, (c) to any errors, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or consequential liabilities (all three of which terms include without limitation loss of profit, loss of business, depletion of goodwill and like loss), losses, claims, damages, costs and expenses (including all legal and other professional expenses) awarded against or incurred or paid by Company as a result of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Goods.relevant breach; or

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.11, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non-conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub-contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.11, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any: 10.11.1 loss of profit (direct or indirect); or

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods.‌ 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standard in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditionswhere: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its officers, employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation pure economic loss, loss of profitprofits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements (the “Requirements”); and/or 10.1.2 do not materially alter the quality or performance of the Goods (provided such changes conform to the Requirements), and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards, and/or the equivalent standards in the jurisdiction to which the Buyer is subject, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are to the Goods fullest extent permitted by law excluded from these Conditions and any component parts manufactured by Company and sold hereunder shall be deemed waived all Contracts. 10.8 Unless otherwise agreed in writing by the Customer unless Company Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is notified in writing, in known to the case of defects apparent on visual inspection, within sixty (60) days Seller and no such warranty is to be implied from the delivery datename or description under which the Goods are sold, ornor from any advice or recommendation given by the Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is given in good faith, but it is entirely for the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation loss of profitpure economic loss, loss of businessprofits, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any:

Warranty and Liability. 7.1 For 10.1 Subject to the terms set out below and during unless otherwise specified in writing, the Warranty Period (as defined below), Company Seller warrants that on delivery the Goods will shall comply in all material respects with any specifications for the Goods agreed to in writing between Company and Customer. If no Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods has been agreed which: 10.1.1 are required to conform with any applicable safety, performance or other statutory or regulatory requirements; and/or 10.1.2 do not materially alter the quality or performance of the Goods, and the Buyer will not be entitled to reject the Goods, by reason of such changes. 10.2 Subject to the remainder of this Condition 10, if the Goods are proved to the reasonable satisfaction of the Seller not to comply with the warranty at Condition 10.1 due to defects in writing between Company and Customermaterials, Company warrants for and during workmanship or composition (other than a composition specified by the Warranty Period Buyer) the Seller will either, at the Seller’s option, replace such Goods or refund the Price of the Goods. If the Seller does this it will have no further liability to the Buyer. If the Seller does not do this, it will be liable to pay the Buyer a sum equal to 125% of the Price of the Goods that the Buyer has paid to the Seller in full for such Goods. 10.3 The Buyer agrees that it will, and that it will procure that its officers, employees, agents or sub-contractors will, only use or apply the Goods: 10.3.1 for the purposes and in the manner expressly set out in the Seller’s written instructions (including e-mail instructions) supplied by the Seller to the Buyer with, or in relation to, the Goods (including any applicable Material Safety Data Sheets), if any such instructions are supplied by the Seller to the Buyer (the Buyer acknowledging that the Seller shall not in any circumstances (except where required by law) be obliged to provide it with any such instructions); and 10.3.2 in accordance with any applicable BSI and ISO international standards and/or the equivalent standard in the jurisdiction to which the Buyer is subject to, which are published from time to time, and the Buyer acknowledges and agrees that the Seller will not be liable under Conditions 10.1 or 10.2 if the Goods are used or applied in any way other than in accordance with this Condition 10.3. 10.4 The Seller will not be liable under Conditions 10.1 or 10.2 or under any other provision of these Conditions where: 10.4.1 notice of the breach should have been but was not given to the Seller under Condition 11; or 10.4.2 the relevant defect was caused by damage in transit after delivery; or 10.4.3 the defect in the Goods arises from wilful damage or negligence of the Buyer, its officers, employees, agents or sub-contractors; or 10.4.4 the relevant defect was caused or exacerbated by the Buyer using or applying the Goods in any way other than in accordance with Condition 10.3 or by any other improper use, handling, alteration, maintenance, storage or failure to comply with instructions provided with, or given by the Seller (whether oral or in all material respects with the specifications published by Company writing) in relation to the Goods from time to time (if any), by the Buyer, its officers, employees, agents or subcontractors; or, in 10.4.5 the absence Buyer makes further use of the relevant Goods after discovering the relevant breach. 10.5 Any Goods which have been replaced will belong to the Seller and the Seller may require as a condition of any specification (agreed replacement or published), refund that the defective Goods are returned to the Seller. Any replacement Goods will be free from material defects liable to replacement or refund under the terms specified in workmanship or materials Conditions 10.1 to 10.4 (inclusive) for the “Warranty”)unexpired portion of the original Warranty Period. 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect 10.6 If any Goods have been modified or subjected to any process of manufacture or adaption after delivery then the Goods sold hereunder shall Buyer will be deemed waived by Customer unless Company is notified to have accepted such Goods as being in writing, in the case of defects apparent on visual inspection, within sixty (60) days from Delivery, or, in the case of defects not apparent on visual inspection, within twelve (12) months from Delivery (such 60 days or 12 months, as applicable, the “Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection all respects in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Company will reimburse Customer for all shipping costs incurred in connection with such returnContract. 7.4 Any claim 10.7 Subject to Condition 10.12, the remedies set out in this Condition 10 will be the sole and exhaustive remedies of the Buyer in respect of any and all non- conformance of the Goods with respect the Seller’s specification. All warranties, conditions and other terms implied by law (whether as to quality, description or otherwise and whether by statute, common law or otherwise) are excluded from these Conditions and all Contracts. 10.8 Unless otherwise agreed in writing by the Seller, the Seller does not warrant the fitness of the Goods for any particular purpose, even if that purpose is known to the Seller and no such warranty is to be implied from the name or description under which the Goods and are sold, nor from any component parts manufactured by Company and sold hereunder shall be deemed waived advice or recommendation given by the Customer unless Company Seller, its employees, agents and/or sub- contractors. Any suggestion or representation concerning any possible use or application of the Goods made by the Seller in any sales or marketing literature or in any response to a specific enquiry is notified given in writinggood faith, in but it is entirely for the case of defects apparent on visual inspection, within sixty (60) days from the delivery date, or, in the case of defects not apparent on visual inspection, within twelve (12) months from the said delivery date (such 60 days or 12 months, Buyer to satisfy themselves fully as applicable, the “Warranty Period”). The Goods claimed to be defective may be returned prepaid to Company’s plant for inspection in accordance with return shipping instructions that Company shall furnish to the Customer forthwith upon receipt suitability of the Customer’s notice of claim. If the claim is established, Company will reimburse the Customer Goods for all shipping costs incurred in connection with such returnany particular purpose. 7.5 This Warranty is made to Customer and does not extend to any other person or entity and is not assignable. 7.6 This Warranty shall not apply (a) if 10.9 The Buyer will indemnify the Goods have been subject to improper storageSeller in respect of all liabilities, accidentdamages, misuse or unauthorized modificationsinjuries, alterationsactions, or repairssuits, or have not been installedclaims, operateddemands, and maintained in accordance with procedures approved by Companycosts, (b) to normal wear and tearcharges, (c) to any errorsexpenses, omissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.7 Customer shall indemnify and keep Company indemnified in full against all and any direct, indirect or and consequential liabilities losses (all three of which terms include without limitation pure economic loss, loss of profitprofits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill and like loss), losses, claims, damages, proceedings and legal costs and expenses (including all legal and other professional expenses) awarded against judgments which the Seller incurs or incurred or paid by Company suffers as a result consequence of any direct or indirect breach or negligent performance or failure in performance by the Buyer of the terms of the Contract or any acts or omissions of the Buyer in connection with the use or application of the Goods or otherwise. 10.10 Subject to Conditions 10.2 and 10.12, the Seller’s maximum aggregate liability arising out of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or use of non-approved components with, the Goods. 7.8 To the fullest extent permitted by law, under no circumstances will Company be liable to Customer for an amount in excess of the price paid, or to be paid, for the Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liabilitybreach of statutory duty), of misrepresentation, under statute or otherwise, howsoever caused including any person or entity, liability arising directly or indirectly, arising indirectly out of a breach of, resulting from or related a failure to perform or defect or delay in performance of, any of the Seller’s obligations under the Contract (whether in relation to the Contract supply or use of the Goods, or of the packages, pallets, or containers by which the Goods are delivered or otherwise) and/or where caused by a deliberate personal repudiatory breach by the Seller, shall be limited to 125% of the Price paid or payable under the Contract. 10.11 The Seller shall not be liable to the Buyer for any: