Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's (a) Limited Warranty and Customer Remedies. ELPICAL warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by ELPICAL shall be substantially as described in Section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. ELPICAL’s and its suppliers’ entire liability and your exclusive remedy shall be, at ELPICAL’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet ELPICAL’s Limited Warranty and which is based on these sales terms and conditionsreturned to ELPICAL with a copy of your receipt. This contract shall represent the final, complete and exclusive statement Limited Warranty is void if failure of the agreement between the parties and may not be modifiedSoftware has resulted from accident, supplementedabuse, explained or waived by parol evidencemisapplication, any Terms and Conditions contained in Buyer's purchase order or request for quotationabnormal use, any course of dealings between the partiesTrojan horse, Seller's performance or deliveryvirus, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up)malicious external code. Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, replacement Software will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to warranted for the extent possible, whatever remainder of the original warranty Seller requires from the manufacturer. All claims for defective products period or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one thirty (130) year after initial start-up or eighteen (18) months after shipmentdays, whichever first occursis longer. This limited warranty does not apply to Evaluation and/or Pre-release Software. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ELPICAL OR ITS SUPPLIER’S BREACH OF WARRANTY. ELPICAL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, and all claims for defective work must be made in writing immediately upon discovery and in any eventAND FOR ANY WARRANTY, within one (1) year of completion thereof by SellerCONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ELPICAL AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELPICAL AND ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WHATSOEVERAND CONDITIONS, Seller includingEITHER EXPRESS OR IMPLIED, but not limited toINCLUDING, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular applicationBUT NOT LIMITED TO, since many factors outside the control of Seller may affect the suitability of products in a particular applicationIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CatalogsTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. B. The agreement formed hereby (c) Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ELPICAL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ELPICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ELPICAL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the language herein exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, ELPICAL’s liability shall be construed and enforced under limited to the Uniform Commercial Code as in effect in the State of California on the date hereof.greatest extent permitted by law

Warranty and Limitation of Liability. Price Pump Company(a) The Licensor represents to the Licensee that the Technical Information furnished pursuant to this Agreement will correspond to the Technical Information used by the Licensor. A. Seller's price is based on these sales terms and conditions. This contract shall represent the final(b) The Licensor makes no express warranty, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein warranty shall have any force of effect. Any information provided by A. Seller warrants only that its product and partsbe implied, when shipped, will be free from defects in materials and workmanship. With with respect to products and parts not manufactured any Technical Information furnished by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts it under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by SellerAgreement. Defective items must be held for Seller's inspection and returned to It is agreed that the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and Licensor shall not be deemed to modify liable, whether in contract, tort or otherwise, nor in any way responsible for: (i) The accuracy, utility, or adequacy of any Technical Information furnished or disclosed by it in connection with this Agreement, or (ii) The performance of products manufactured or repaired or overhauled by Licensee on the provisions hereofbasis of any Technical Information furnished in connection with this Agreement. B. The agreement formed hereby and the language herein (c) Each party shall be construed responsible for the safety of its own employees and enforced under agents with respect to the Uniform Commercial Code as handling or use of compounds, materials, and equipment involved in effect this Agreement. The Licensor makes no representations, extends no warranties of any kind, either express or implied, and assumes no responsibility whatever with respect to use, sale, or other disposition by the Licensee or its vendees or other transferees of the Licensed Product. The Licensor shall not be liable for any loss, expense, claim, or damages arising out of or relating to the practice or use of any licensed technology in the State design, construction, and operation of California on a facility manufacturing or handling the date hereofLicensed Products or in the use or sale of the Licensed Products produced in such facility. (d) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM THE PERFORMANCE OR FAILURE TO PERFORM OF EITHER PARTY HEREUNDER, OR THE PERFORMANCE OR FAILURE TO PERFORM OF ANY GOODS DELIVERED UNDER THIS AGREEMENT, WHETHER DUE TO BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE EXCEPT AS A RESULT OF SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Warranty and Limitation of Liability. Price Pump Company A. 1. Seller warrants that at the time of delivery, the Product shall comply with Seller's price is based on these sales product specifications for the Product. For avoidance of doubt, properties relating to the Product that may be contained in Product Data Sheets or equivalent documents do not constitute product specifications. Product sold as substandard are not warranted to comply in general terms and conditionswith Seller's product specifications. 2. This contract shall represent the finalAll other warranties or conditions as to quality, complete and exclusive statement description or performance of the agreement between Product, statutory or otherwise, are excluded except insofar as such exclusion is not permitted by law. Warranties on merchantability and fitness for purpose are hereby explicitly excluded even when a purpose is known. No such warranties are to be implied from the parties and may not be modified, supplemented, explained name or waived by parol evidence, description under which the Product are sold or from any Terms and Conditions contained in Buyer's purchase order advice or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured recommendations given by Seller, Seller's only obligation shall be to assign to Buyerits employees or agents, to the extent possible, whatever warranty Seller requires from the manufactureror those of its affiliates. 3. All Any complaints or claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller Buyer including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites quality of the Product shall be reported to Seller are issued in writing as soon as Xxxxx becomes aware of the reasons for general information purposes only and shall not be deemed to modify the provisions hereofclaims. B. 4. Except to the extent limited by applicable law, Xxxxx’s exclusive remedy for any and all claims for losses or damages of any kind or nature resulting from the sale, handling, delivery, failure of delivery or use of the Product under this Contract, including, but not limited to, any arising from breach of warranty, breach of contract, tort, negligence, statutory or strict liability, shall be limited, at Seller’s option, to either the return of the purchase price or the replacement of the particular Product for which a claim is made and proved. In no event shall Seller, its parent company, its joint ventures or any of their respective affiliates be liable for any special, consequential, incidental, indirect or exemplary losses or damages. 5. The agreement formed hereby and the language limitation of liability contained herein shall be construed apply for the benefit of Seller, its parent company, its joint ventures, and enforced under the Uniform Commercial Code as in effect in the State their respective affiliates and any of California on the date hereoftheir respective employees, agents, affiliates and other representatives.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions7.1. We warrant that the Muhimbi Products will perform substantially in accordance with its accompanying Documentation, when operated in the execution environment specified in such Documentation, for the warranty period ending thirty (30) days following the Effective Date. This contract shall represent the final, complete and exclusive statement limited warranty is void if failure of the agreement between Muhimbi Products to conform to such warranty is caused in whole or in part by (a) any defect in any hardware or other equipment used with the parties and may not be modifiedMuhimbi Products; (b) any failure of any hardware or any other equipment used with the Muhimbi Products to function in accordance with applicable manufacturer's specifications for such items; (c) any alteration, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or deliverymodification, or in enhancement of the Muhimbi Products by you or anyone other than us; (d) any other way. The Terms and Conditions of this contract may only be modified failure by you or waived in a written document signed by an Officer of Seller. These terms are intended anyone else to cover all activity of Seller and Buyer hereunder, including sales and follow our instructions with respect to proper use of productsthe Muhimbi Products; or (e) improper use, parts and work and all related matters (references to products include parts and references to work include constructionabuse, installation and start-up)accident, neglect, or negligence on the part of you or anyone other than us. Any reference by Seller replacement Muhimbi Products will be warranted for thirty (30) days following the date on which we provide the replacement Muhimbi Products to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effectyou. 7.2. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, EACH MUHIMBI PRODUCT IS PROVIDED TO YOU "AS IS", AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ITS FUNCTIONALITY, CONDITION, PERFORMANCE, OPERABILITY, OR USE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER. 7.3. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured covenant herein by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and us shall not be deemed construed or implied to modify warrant and represent that products made with the provisions hereofMuhimbi Products work will meet any safety, performance, or other standards, whether imposed by any instrumentality of government or otherwise. We make no representations, extend no warranties of any kind, either express or implied, and assume no responsibilities whatever with respect to manufacture, use, sale, or other disposition by you of products made or methods employed with the Muhimbi Products. B. The agreement formed hereby 7.4. We are not aware of any rights of third parties that oppose the utilization purposes of our software. We are not liable, however, for the licensed Muhimbi Products and the language herein licensed know how being free of rights of third parties. If you are accused by third parties of infringing intellectual property rights due to the use of the Muhimbi Products, we promise to provide you with information and commercially reasonable assistance to help you defend such claims as far as we are able to do so without breaching third-party obligations and while maintaining our own confidentiality interests. All costs involved in such activities shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereofborne by you. 7.5. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT OUR OPTION, EITHER (A) REPAIR OR REPLACEMENT OF THE MUHIMBI PRODUCTS SO THAT IT CONFORMS TO THE FOREGOING LIMITED WARRANTY, OR (B) REFUND OF THE FEE THAT YOU PAID TO LICENSE THE MUHIMBI PRODUCTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSSES RESULTING FROM BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH SUCH LIABILITY MAY BE ASSERTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE MUHIMBI PRODUCTS, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO LICENSE THE MUHIMBI PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Warranty and Limitation of Liability. Price Pump Company A. Seller's (a) Limited Warranty and Customer Remedies. Software FX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX’s Limited Warranty and which is based on these sales terms and conditionsreturned to Software FX with a copy of your receipt. This contract shall represent the final, complete and exclusive statement Limited Warranty is void if failure of the agreement between the parties and may not be modifiedSoftware has resulted from accident, supplementedabuse, explained or waived by parol evidencemisapplication, any Terms and Conditions contained in Buyer's purchase order or request for quotationabnormal use, any course of dealings between the partiesTrojan horse, Seller's performance or deliveryvirus, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up)malicious external code. Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, replacement Software will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to warranted for the extent possible, whatever remainder of the original warranty Seller requires from the manufacturer. All claims for defective products period or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one thirty (130) year after initial start-up or eighteen (18) months after shipmentdays, whichever first occursis longer. This limited warranty does not apply to Evaluation and/or Pre-release Software. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE FX OR ITS SUPPLIER’S BREACH OF WARRANTY. SOFTWARE FX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, and all claims for defective work must be made in writing immediately upon discovery and in any eventAND FOR ANY WARRANTY, within one (1) year of completion thereof by SellerCONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SOFTWARE FX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE FX AND ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WHATSOEVERAND CONDITIONS, Seller includingEITHER EXPRESS OR IMPLIED, but not limited toINCLUDING, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular applicationBUT NOT LIMITED TO, since many factors outside the control of Seller may affect the suitability of products in a particular applicationIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CatalogsTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofWHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. B. The agreement formed hereby (c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SOFTWARE FX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SOFTWARE FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SOFTWARE FX’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Software FX’s liability shall be limited to the greatest extent permitted by law and the language limitations or exclusions of warranties and liability contained herein shall be construed and enforced under the Uniform Commercial Code as in effect do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the State course of California on the date hereofbusiness. The disclaimer and limited liability above are fundamental to this Software License Agreement between Software FX and you.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based a) Subject to these Terms, Topcon warrants that for three (3) years (except on these sales terms specific and conditions. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall identified Products which have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen two (182) months after shipmentyears warranty) from delivery to Customer, whichever first occursthe Products will be free from material defects or workmanship and shall perform in accordance with published specifications under normal use and application. If this warranty is breached, Topcon, at its option, will either repair or replace the defective Products, or if not possible, refund the purchase price. Topcon hereby assigns to Customer any manufacturer warranties Topcon received for items which are incorporated into the Products and all claims on third party‐products sold by Topcon with no modification. Topcon shall have no warranty obligations for defective work must be made such third party products. No warranties are given in writing immediately upon discovery and connection with services. The warranty does not apply to a Product which has been tampered with or altered in any eventway or which has the serial number removed or altered. The warranty does not cover damage due to shipping or external causes, within one including and without limitation, accidents, acts of God, natural disasters, acts of war or terrorism, abuse, misuse, user negligence, relocation of the Products from the location of initial installation (1unless performed by Topcon personnel), problems with electrical power, servicing not authorized or not performed by Topcon, usage not in accordance with instructions, failure to perform required maintenance, and/or problems caused by use of parts and components not supplied by Topcon. Consumables which are bound to be replaced or require replacement in a normal use or maintenance process are not covered by this warranty. b) year of completion thereof by SellerEXCEPT AS SET FORTH IN 8(a) ABOVE, TOPCON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED REGARDING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon requestTOPCON WILL NOT BE OBLIGATED TO HONOR ANY WARRANTY UNLESS IT HAS BEEN PAID IN FULL FOR THE PRODUCTS. UNAUTHORIZED DISASSEMBLY TOPCON DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR TAMPERING WITH CORRUPTED DATA OR SOFTWARE, OR FOR PROVIDING SERVICES AND SUPPORT. TOPCON WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, DAMAGES THAT ARE NOT REASONABLY FORESEEABLE, OR ANY PRODUCT OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU PUNITIVE DAMAGES, EVEN IF ADVISED OF ALL OTHER WARRANTIES THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING PATIENTS). THIS LIMITATION OF LIABILITY APPLIES TO ANY PRODUCTS, SERVICES AND/OR SUPPORT THAT CUSTOMER PURCHASES FROM TOPCON. CUSTOMER AGREES THAT FOR ANY LIABILITY WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofTOPCON IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER TO TOPCON FOR THE PURCHASE OF PRODUCTS. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms Seller warrants that all goods, services and conditions. This contract work supplied by Seller (collectively referred to throughout as “Goods”) shall represent the final, complete and exclusive statement be of the agreement between type stated on the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including corresponding sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured invoice issued by Seller, except as otherwise set forth in these Terms. THE FOREGOING WARRANTY IS SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Buyer waives all warranty claims, if any, related to Goods not raised within 30 days of delivery of such Goods. Buyer is encouraged to test any Goods at Seller's only obligation shall be ’s facility, during normal business hours, to assign confirm the Goods meet Xxxxx’s expectations. Buyer acknowledges it is not relying on Seller to select the Goods or determine the appropriateness of the Goods for Buyer’s intended use. Goods purchased on the basis of weight are subject to customary quantity variations recognized by practice in the industry. Seller’s liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed a sum equal to the extent possibleamount of the purchase price paid by Buyer for the Goods at issue. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, whatever warranty Seller requires INDIRECT OR CONSEQUENTIAL DAMAGES. The price stated for the Goods is consideration for limiting Seller’s liability. The parties intend the exclusion of consequential damages as an independent agreement apart from the manufacturersole and exclusive remedy herein. All claims for defective products Buyer’s sole remedy, whether in contract, tort, under any warranty, in negligence or parts otherwise, shall be a refund of the purchase price paid by Buyer or replacement of the Goods, at Seller’s election. This remedy is intended to be the sole and exclusive remedy of the Buyer under this warranty must Agreement and for any breach of warranty, if any. No action by Xxxxx, regardless of form, arising out of this transaction, may be made in writing immediately upon discovery and, in any event, within brought by Buyer more than one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must the date of this Agreement. Nothing contained in this section is intended to be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned a warranty extending to the sellers'- point future performance of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofGoods. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company(Note: Steelway’s Warranty Program is available at xxxxxxxx.xxx) A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived (a) Steelway warrants that it’s Goods when installed in a written document signed by an Officer of Seller. These terms are intended normal and proper manner according to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work Steelway specifications and all related matters (references to products include parts applicable building codes and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein regulations shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in any defect due to materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires or workmanship for a certain period from the manufacturerdate of delivery, which depend on the nature of the goods supplied to be determined by the contract. All claims for defective products or parts Steelway’s sole obligation under this warranty must is to repair or replace such part or parts that are shown to the satisfaction of Steelway to be made defective within the warranty period to an amount not in excess of the amount under this Agreement. The Purchaser shall notify Steelway in writing immediately upon discovery andof any defect and Steelway shall have no liability hereunder for any claims, including shortages and field re-work. In no event shall Steelway be responsible for or liable for the cost of any repair or replacement carried out by other party or parties, unless expressly authorized in writing by Steelway. Notwithstanding any other provision of this Agreement or any other agreement between Steelway and the Purchaser, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must no event shall Steelway be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned liable to the sellers'- point Purchaser or any third party for consequential or indirect damages, of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVERany kind whatsoever, Seller includingarising or alleged to arise from any defect in the Goods, but not limited to, suggestions as to specific equipment does not imply or any guarantee breach or alleged breach by Steelway of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and this Agreement. (b) Steelway shall not be deemed liable for any incidental loss or damage, however caused, including, without limitation, normal wear and tear. In addition, the warranty expressed hereunder shall be void in the event that an alteration or repair is made to modify the provisions hereofGoods by any person other than as authorized by Steelway. This warranty does not include expendable components, if any, and any components not manufactured by Steelway. B. (c) Steelway offers no express or implied warranties or conditions of any nature whatsoever except for such express warranties as set out herein. The agreement formed hereby warranty provided herein is in lieu of and excludes all other warranties, guarantees or conditions pertaining to the Goods, written or oral, statutory, express or implied, (except the warranty as to title) including any warranty or condition or fitness for any particular purpose. Steelway expressly disclaims all other representations, conditions or warranties, express or implied, statutory or otherwise and any representations, warranties or conditions that may arise from a course of dealing or usage of trade. The warranty provided herein shall constitute Steelway’s sole obligation and liability and the language herein Purchaser’s sole remedy for breach of warranty. No other warranty has been made by any employee, agent, or representative of Steelway and any statements contained in any other printed material of Steelway are expressly excluded here from. Steelway shall not be responsible for any warranty offered by the Purchaser to any of its customers with respect to the Goods and the Purchaser shall indemnify Steelway with respect to same if any of those customers make a claim against Steelway relating to any such warranty. The warranty of Steelway is not assignable by the Purchaser. (d) None of Steelway, its officers, directors, servants or agents shall be construed liable or responsible for any loss or damage (including strict liability and enforced under liability for loss or damage due to items which the Uniform Commercial Code as manufacturing processes are designed to identify) whether such loss or damage is caused by negligence in effect in any manner whatsoever (including gross negligence) error, misrepresentation, misstatement, imprudence, lack of skill or lack of judgment. (e) Steelway provides pass-through warranties (from the State of California on suppliers) for Galvalume®, AZ165 and Silicone Modified Polyester Series Prepainted Roof and Wall panels. A standard one year Material & Workmanship warranty is also provided. Steelway, at its discretion, may provide an optional warranty (Weather Tightness) for an appropriate fee. See the date hereofWarranty Program online at xxxxxxxx.xxx.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions2.1. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained Period of Warranty GCS and DSS. Seller warrants that the GCS and DSS shall be free of any defects in Buyer's purchase order or request for quotation, any course of dealings between materials and workmanship and that its design shall conform to the parties, Seller's performance or delivery, or Mission requirements and that it shall be manufactured and will perform in any other way. The Terms and Conditions conformity with the applicable requirements of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller Contract and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to workmanship during the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California period commencing on the date hereofof Preliminary Acceptance of such GCS and DSS and ending on the second anniversary thereof, unless the Satellite was placed in storage for reasons not attributable to Contractor, in which case the GCS/DSS warranty period will be reduced by a number of days equal to the number of storage days. During the period specified above, such non-conformance or defect shall be remedied by Seller at Seller’s expense by repair or replacement of the defective component. For any such non-conformance, Seller shall determine if repair or replacement is required to be performed at Seller’s plant. If Seller is unable to repair the defective component/s on site, Buyer shall ship the defective component/s to Seller’s designated facility. Seller shall be responsible for the cost of shipment (including transportation, transit insurance, U.S. taxes and/or duties), and the cost of return shipment (including transportation, transit insurance, taxes and duties) to Buyer at the designated delivery location. Risk of loss for the GCS and DSS shall transfer to Seller upon delivery of the GCS or DSS to the shipping carrier by Buyer, and risk of loss to the GCS or DSS shall transfer again to Buyer once such GCS or DSS is repaired or replaced pursuant to this Article 2.1, upon receipt thereof by Buyer at the designated delivery location. The defect subject to repair or replacement shall be deemed remedied upon successful check-out at the designated delivery location. After expiration of the period specified above and through the Satellite Service Life, a failure of the software integrated into the GCS or DSS (other than "mass production" software such as MS-Office) to meet the applicable requirements of this Agreement, will be repaired or replaced by Seller.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based (A) WARRANTY; DISCLAIMER. Osmotics warrants to the Buyer that, until the expiration date stated on these sales terms the Products or, if none, one year from the date of shipment, the Products shall conform to the description of such Products as provided in Osmotics' written materials setting forth such descriptions and conditionssuch specification as may be required from time to time by the United States government. THIS WARRANTY IS EXCLUSIVE AND OSMOTICS MAKES NO OTHER REPRESENTATION OR WARRANTY TO BUYER OR ANY CUSTOMER OR OTHER THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Osmotics specifically disclaims any warranty that the Products are free from infectious agents or deleterious properties. This contract warranty shall represent the finalnot apply if Osmotics determines in its sole discretion, complete and exclusive statement that Buyer or any purchaser of the agreement between Product has misused or mishandled the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or Products in any other waymanner or has failed to use the Products in accordance with instructions furnished by Osmotics. The Terms and Conditions During the warranty period, Osmotics will, at its option, refund the purchase price of this contract may only or replace any Product proved to Osmotics' satisfaction to be modified defective or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and nonconforming; provided that Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe returns the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, Product to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon requestproperly packed and shipment prepaid. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVERConcurrently with any refund or Product replacement, Seller including, but not limited to, suggestions as Osmotics shall reimburse Buyer for the cost of shipping the defective Product to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofOsmotics. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms 8.1 Seller warrants that the Products will conform to the specifications and conditions. This contract descriptions of features listed in its user manuals (the "Specifications") for a period of one (1) year starting from the Delivery Date; provided, however, that this warranty shall represent not apply (i) to bulbs, LEDs, batteries, other consumable parts contained in the finalProducts and all replacement parts for the Products, complete whether consumable parts or not, and exclusive statement (ii) if such failure to conform to the Specifications was caused by the failure by the user of the agreement between Product to comply with the parties and may not be modifiedinstructions in the user manuals, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and replacement parts not manufactured provided by Seller, or repairs or modifications of the Product not performed or authorized by Seller's only obligation . SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Repairs made to the Products or the replacement of parts shall not extend the period of the warranty for the subject Product, which shall remain at one (1) year starting from the original Delivery Date. 8.2 Any claim by Buyer alleging a breach of the above warranty shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipmentthe Delivery Date. Buyer shall provide Seller with appropriate evidence of the breach of warranty, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned request. Buyer's sole remedy for any breach of warranty shall be, at the option of Seller, (i) repair of the Product to cause it to conform to the sellers'- point warranty, or (ii) a replacement Product that conforms to the warranty, after Buyer returns the original Product to Seller. 8.3 Any alleged breach of original shipment warranty that cannot be duplicated or otherwise objectively confirmed by Seller shall be deemed to not be a breach of warranty. 8.4 Seller shall not be liable to Buyer for any consequential or indirect damages that Buyer, any user of the Product, or any person upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVERwhich a Product is used may suffer in relation to the Products, Seller including, including but not limited to, suggestions as to specific equipment does not imply any guarantee personal injury, lost profits, lost revenues, or loss of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites use of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofProducts. B. The agreement formed hereby 8.5 Buyer shall defend and indemnify Seller against any claim or legal action brought against Seller by Buyer's customer or any other third party relating to the language herein shall be construed and enforced Products purchased by Buyer under the Uniform Commercial Code as in effect in the State of California on the date hereofthis Agreement.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms USF shall use reasonable efforts to obtain warranties or representations from its suppliers that the goods to be furnished hereunder are pure, unadulterated, and conditionsof first rate quality and that they shall be merchantable and fit for the ordinary purpose for which they are intended. This contract USF warrants that its Exclusive Brand Products are pure, unadulterated, and of first rate quality and that they shall represent be merchantable and fit for the finalordinary purpose for which they are intended. USF warrants that the services to be performed by it under this Agreement shall be performed in a professional, complete workmanlike and exclusive statement timely manner by competent personnel. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 10, ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. EXCEPT FOR ANY RECKLESS OR WILLFUL VIOLATION OF THIS AGREEMENT OR A BREACH BY CUSTOMER OF ITS CONFIDENTIALITY OBLIGATIONS OR RELATING TO USF'S INTELLECTUAL PROPERTY, NEITHER PARTY SHALL IN ANY WAY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, USF shall defend, indemnify and hold harmless Customer for damage to property or injury or death to persons arising out of the agreement between the parties and may not be modified, supplemented, explained gross negligence or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course willful misconduct of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of USF arising under this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunderAgreement, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in claim which results from a particular application, since many factors outside product that was adulterated or misbranded (when bearing labels furnished by USF) within the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites meaning of the Seller are issued for general information purposes only Federal Food, Drug, and shall not be deemed Cosmetic Act, as amended, due to modify the provisions hereofgross negligence or willful misconduct of USF. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller warrants that goods manufactured by it have been manufactured in accordance with its standard manufacturing practices and conform to the description on the face hereof. Unless expressly agreed upon by Seller and Purchaser, all goods and materials shall be furnished subject to Seller's price ’s standard tolerances and variations. If the products manufactured by seller, as sold hereunder, fail to function properly under normal and proper use because of defects in material or workmanship and written notice thereof is based on these sales terms and conditions. This contract shall represent given to seller no later than six (6) months after date of receipt of such goods by Purchaser, Seller (reserving the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained right either to inspect such defective products in Buyer's purchase order Purchaser’s hand or request for quotationthe return to Seller) will, any course of dealings between the partiesat its sole option, Seller's performance or deliverycredit, repair, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to replace products include parts and references to work include construction, installation and start-up). Any reference determined by Seller to Buyer's specifications and similar requirements are only be defective, provided that the product shall not have been altered or repaired after shipment to describe the products and work covered hereby and no warranties Purchaser by anyone except Seller’s authorized agents or other terms therein shall have any force of effectemployees. THE FOREGOING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER AND THE SOLE AND EXCLUSIVE LIABILITY OF SELLER FOR DEFECTIVE PRODUCT. WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Any information provided by A. claim DEVIATIONS IN AMOUNT MANUFACTURED: Goods manufactured by Seller warrants only that its product to meet Purchaser’s instructions, specifications, or requirements which are not included in Seller’s standard line of products are subject to a plus or minus deviation of ten percent (10%) in quantity and parts, when shipped, Purchaser will accept and pay for such goods at the unit price stated on the face hereof and goods are subject to manufacturer’s AOL standards. CLAIMS: Claims for error in weight or shortage of goods must be presented within ten (10) days from the date of receipt of goods and must state the packing slip number and claim of shipment. Any claim for error in weight or shortage not presented in accordance with this provision will be free from defects conclusively deemed waived. CORRECTIONS: Typographical or clerical errors contained in materials and workmanship. With respect the contract, including prices, are subject to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof correction by Seller. Defective items must be held for Seller's inspection and returned TAXES: Prices specified do not include sales, excise or other taxes arising out of or relating to this order or the goods delivered except as otherwise specifically stated on the face hereof. All such taxes are the responsibility of the Purchaser claims it is exempt from tax, it shall provide Seller with a tax exemption certificate acceptable to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereoftaxing authorities. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms 11.1 CRS warrants that the Goods detailed under the Quotation shall comply with CRS’s Warranty Policy. Full details of CRS’s Warranty Policy are provided upon quotation and conditionsif not provided shall be available to Customer upon request. This contract shall represent the finalCRS makes no other warranties, complete and exclusive statement of the agreement between the parties and may not be modifiedconditions or representations, supplementedwritten, explained oral, express or waived by parol evidenceimplied, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, fact or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunderlaw, including sales and use without limitation any implied warranties, conditions or representations of productsdesign, parts and work and satisfactory quality, fitness for any specific or general purpose, title or non-infringement, all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyerwhich are, to the extent possiblepermissible by law, whatever warranty Seller requires from hereby expressly excluded and disclaimed. 11.2 Customer shall notify CRS in writing of any defect or damage or loss within three (3) working days after delivery of Goods or of non-conformance of any services or within three (3) working days of performance of such Services. Provided that CRS has received notice of such defect or non-conformance as required above, and provided that CRS accepts that such damage or loss is due solely to a breach by CRS, CRS may, at its sole discretion provide to Customer one of the manufacturer. All claims for defective products following remedies, namely:- (a) repair the goods at CRS’s sole expense; or (b) supply replacement Goods or re-commission the Goods at no additional charge to Customer (and if so any Goods or components so replaced shall be returned to CRS and become CRS property); or (c) refund a discrete portion of any monies paid relating to those Goods (or parts of such Goods) that are non-conforming or defective or in the case of commissioning or services to re-perform or correct any non-conforming Services to the extent due solely to errors on the part of CRS, 11.3 CRS shall not be under this warranty must any liability for damages whatsoever except in the proportion and to the extent that such damages have resulted solely from CRS’s breach of contract or negligence. CRS’s total liability to Customer (whether such liability arises from breach of warranty, breach of contract, liability in tort including negligence or otherwise) shall be made limited to direct damages that are caused as a result of CRS’s acts or omission and shall be as detailed above and in writing immediately upon discovery andno event shall the total cost of any remedy or payment or monetary damages exceed the amount of the Contractual Sum payable by Customer for the discrete portion of the Goods and/or the Services that are non-conforming or defective. 11.4 CRS shall not, in any event, within one (1) year after initial start-up be liable for any incidental, indirect special, punitive or eighteen (18) months after shipmentconsequential losses or damages for any loss of profit, whichever first occursloss of revenue, and all claims loss of business or goodwill, data or data use, loss of reputation or loss of anticipated savings or the like, whether in an action for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but contract or tort or other legal theory whether or not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites CRS has been advised of the Seller are issued possibility of such losses and/or damages 11.5 Nothing in these Terms and Conditions shall exclude or restrict CRS’s liability for general information purposes only death or personal injury resulting from CRS’s negligence or to limit CRS’s liability for fraudulent misrepresentation. 11.6 Save where the Customer is a Consumer, the provisions of sections 13, 14 and 15 of the Sale of Goods Act 1979 (including any amendment or re-enactment thereof) and those consumer protection rights under the Supply of Goods and Services Act 1982, Sale and Supply of Goods Act 1994, the Sale and Supply of Goods to Consumer Regulations 2002, the Unfair Contracts terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 shall not apply to this Agreement and any terms and/or conditions otherwise implied by those Acts to protect consumers shall not be deemed to modify incorporated in this Agreement by virtue of the provisions hereoffact that the parties are dealing as commercial enterprises acting within the ordinary course of their businesses. For the avoidance of doubt, the statutory rights of any Consumer, being an unincorporated body or person and not acting in the course of his/her trade or business shall not be affected by this Clause. B. 11.7 The agreement formed hereby limitations, exclusions and disclaimers set forth in this section 9 will not apply only if and to the extent that a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers. 11.8 Any proposal or other documentation including any drawing, design, measurement or specification provided by way of tender shall not be binding unless such terms are specifically incorporated within a written and contract executed by an authorised signatory for CRS. 11.9 CRS will not be liable under Clause 11.8 if any material information has been withheld concealed or misrepresented by Customer. 11.10 Customer will unconditionally fully and effectively indemnify CRS against all losses, damages, penalties and costs on an indemnity basis and expenses awarded against or incurred by CRS in connection with or paid or agreed to be paid by CRS in settlement of any claim by any third party arising from the supply or use of the Goods which has been sold or assigned by Customer to any such third party. This indemnity will be reduced in proportion, and subject to the liability limitations set out within Clause 11 to the extent that such losses, damages, penalties, costs and expenses are due wholly and solely to CRS’s negligence. 11.11 Customer agrees to indemnify and keep CRS fully indemnified from and against any loss, claim or liability whatsoever incurred or suffered by CRS as a result of negligence or any default by the Customer (or its employees, agents or representatives) of its obligations however arising in connection with the provision of Goods and or Services, together with expense, claim, loss or damage which CRS or any of its employees, agents, sub-contractors and other clients) may suffer due to the negligence or breach of the Customer (or its employees, agents or subcontractors). 11.13 CRS will not be liable for any claim for delay damages or other claim for losses due to not meeting any timelines for delivery or performance by CRS unless such liability has been agreed with suitable monetary caps and the language herein shall be construed and enforced under agreement has been signed by an authorised signatory for CRS. Notwithstanding such agreement, CRS will bear no liability if the Uniform Commercial Code as delay is attributable, in effect in the State part or whole, to any of California on the date hereofCustomer’s or any third party’s acts or omission.

Warranty and Limitation of Liability. Price Pump Company8.1 Subject to the conditions below the Buyer shall be entitled to the benefit of any warranty or guarantee as is given by the manufacturer or supplier to the Seller. A. 8.2 The above warranty is given by the Seller subject to the following Conditions: (a) the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer, (b) the Seller shall be under no liability in respect of any defect arising from misuse or failure to observe the manufacturers or the Seller's ’s instructions (whether oral or in writing), (c) the Seller shall be under no liability under the above warranty (or any other warranty or condition or guarantee) if the total price for the Goods has not been paid. 8.3 Subject as expressly provided in these Conditions end except where the Goods are sold to a person dealing as a Consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 8.4 If the Buyer deals as a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977 the statutory rights of the Buyer are not affected by this Contract. 8.5 Where any valid claim in respect of any of the Goods which is based on these sales terms and conditions. This contract shall represent any defect in the final, complete and exclusive statement quality or condition of the agreement between Goods or their failure to meet the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course specification is notified to the Seller within 7 days from the date of dealings between the parties, Seller's performance or delivery, the Seller shall be entitled to replace the Goods (or the part in any other way. The Terms and Conditions question) free of this contract may only be modified charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or waived in a written document signed by an Officer proportionate part of Seller. These terms are intended to cover all activity of the price), but the Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, no further liability to the extent possibleBuyer. 8.6 Except in respect of death or personal injury caused by the Seller’s negligence, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed liable to modify the provisions hereofBuyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions. B. 8.7 The agreement formed hereby and Seller shall not be liable for the language herein shall be construed and enforced loss of or damage to any software programs occurring during, or after the consequence of, the repair or upgrade of any of the Goods, whether under the Uniform Commercial Code as in effect in the State of California on the date hereofwarranty or not.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms To activate the warranty, Buyer must sign and conditionsreturn to TDI (a) the Proposal and (b) fully completed warranty registration cards, which Buyer will receive with the System. This contract shall represent Seller warrants to Buyer, for a period of one year from the final, complete and exclusive statement date of delivery of the agreement between System to Buyer or for 2000 operating hours, whichever occurs first, that the parties and may not be modified, supplemented, explained System or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, Accessory Product(s) will be free from defects in materials material and workmanship. With respect An extension of this Limited Warranty is available for an additional charge. OTHER THAN THE FOREGOING, NO WARRANTY OR GUARANTEE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE IS MADE. THE EXPRESS WARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY BY THE BUYER HEREUNDER FOR ANY SYSTEM OR ACCESSORY PRODUCTS DELIVERED TO THE BUYER WHICH ARE FOUND TO BE DEFECTIVE IN ANY MANNER, WHETHER SUCH REMEDIES BE IN CONTRACT, TORT, STRICT LIABILITY, OR BY LAW. OTHER THAN AS SET FORTH HEREIN, SELLER SHALL UNDER NO CIRCUMSTANCE BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM SUCH MERCHANDISE, INCLUDING LOST USE, LOST PRODUCT, LOST REVENUE, LOST PROFITS, COST OF CAPITAL, OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. If during the warranty period, the System or an Accessory Product fails to products meet the Specifications, Buyer shall notify in writing of the specific nature of the failure and parts all-pertinent observations related to the failure. Seller does not manufactured represent or warrant that Systems or Accessory Products sold by it complies with OSHA or any like state, local, or national law or regulation, and the cost of modification and responsibility for such compliance is imposed upon Buyer. Equipment must be used in a non-condensing, low-humidity, dry environment, unless explicitly exempted by TDI in writing. THE TOTAL CUMULATIVE LIABILITY OF SELLER TO BUYER FOR ANY CLAIM OF ANY KIND, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE SALE OR SERVICING OF THE PRODUCTS HEREIN, SHALL NOT EXCEED THE PURCHASE PRICE OF THE SYSTEM OR ACCESSORY PRODUCT. BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER FROM ALL CLAIMS ARISING IN WHOLE OR IN PART ON ACCOUNT OF IMPROPER USE, ABUSE, MISUSE, USE NOT IN ACCORDANCE WITH SELLER’S RECOMMENDATIONS SET FORTH IN THE OPERATION, MAINTENANCE AND SYSTEM MANUALS SUPPLIED BY SELLER, OR BUYER’S FAILURE TO PERFORM UNDER THIS AGREEMENT. Warranty coverage excludes cost of delivery to and from Seller, Seller's only obligation ’s determined facility. All units that the customer wishes to have repaired under warranty shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty accompanied by a TDI issued Returned Material Authorization (RMA) and must be made in writing immediately upon discovery andsent to Xxxxxxxx Direct at Buyer’s expense. A service fee of $500.00 will be charged for products sent to Seller for warranty repair, in which are found to comply with the Specifications. Seller reserves the right to suspend any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims warranties if the Buyer has a delinquent account. The System and Accessory Products are sensitive. To qualify for defective work the warranty set forth in this Agreement, the System and Accessory Products warranted must be made repaired by knowledgeable and specially trained TDI personnel only. Accordingly, warranty coverage will be void in writing immediately its entirety upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.sign or evidence of

Warranty and Limitation of Liability. Price Pump Company13.1 The Licensor represents to the Licensee that the Technical Information furnished pursuant to this Agreement will correspond to the Technical Information used by the Licensor. A. Seller's price is based on these sales terms and conditions. This contract shall represent the final13.2 The Licensor makes no express warranty, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein warranty shall have any force of effect. Any information provided by A. Seller warrants only that its product and partsbe implied, when shipped, will be free from defects in materials and workmanship. With with respect to products and parts not manufactured any Technical Information furnished by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts it under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by SellerAgreement. Defective items must be held for Seller's inspection and returned to It is agreed that the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and Licensor shall not be deemed to modify liable, whether in contract, tort or otherwise, nor in any way responsible for: 1. The accuracy, utility, or adequacy of any Technical Information furnished or disclosed by it in connection with this Agreement, or 2. The performance of products manufactured or repaired or overhauled by Licensee on the provisions hereofbasis of any Technical Information furnished in connection with this Agreement. B. The agreement formed hereby and the language herein 13.3 Each party shall be construed responsible for the safety of its own employees and enforced under agents with respect to the Uniform Commercial Code as handling or use of compounds, materials, and equipment involved in effect this Agreement. The Licensor makes no representations, extends no warranties of any kind, either express or implied, and assumes no responsibility whatever with respect to use, sale, or other disposition by the Licensee or its venders or other transferees of the Licensed Product. The Licensor shall not be liable for any loss, expense, claim, or damages arising out of or relating to the practice or use of any licensed technology in the State design, construction, and operation of California on a facility manufacturing or handling the date hereofLicensed Products or in the use or sale of the Licensed Products produced in such facility. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM THE PERFORMANCE OR FAILURE TO PERFORM OF EITHER PARTY HEREUNDER, OR THE PERFORMANCE OR FAILURE TO PERFORM OF ANY GOODS DELIVERED UNDER THIS AGREEMENT, WHETHER DUE TO BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE EXCEPT AS A RESULT OF SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Warranty and Limitation of Liability. Price Pump Company(a) Limited Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Licensor’s and its suppliers’ entire liability and your exclusive remedy shall be, at Licensor’s option, either (i) return of the price paid, if any, or A. Seller's price (ii) repair or replacement of the Software that does not meet Licensor’s Limited Warranty and which is based on these sales terms and conditionsreturned to Licensor with a copy of your receipt. This contract shall represent the final, complete and exclusive statement Limited Warranty is void if failure of the agreement between the parties and may not be modifiedSoftware has resulted from accident, supplementedabuse, explained or waived by parol evidencemisapplication, any Terms and Conditions contained in Buyer's purchase order or request for quotationabnormal use, any course of dealings between the partiesTrojan horse, Seller's performance or deliveryvirus, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up)malicious external code. Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, replacement Software will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to warranted for the extent possible, whatever remainder of the original warranty Seller requires from the manufacturer. All claims for defective products period or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one thirty (130) year after initial start-up or eighteen (18) months after shipmentdays, whichever first occursis longer. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR BREACH OF WARRANTY. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, and all claims for defective work must be made in writing immediately upon discovery and in any eventAND FOR ANY WARRANTY, within one (1) year of completion thereof by SellerCONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF SUPPLIERS DISCLAIM ALL OTHER WARRANTIES WHATSOEVERAND CONDITIONS, Seller includingEITHER EXPRESS OR IMPLIED, but not limited toINCLUDING, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular applicationBUT NOT LIMITED TO, since many factors outside the control of Seller may affect the suitability of products in a particular applicationIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE Software, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. CatalogsTHIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofWHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions. This contract shall represent Litronic warrants its product(s) to the finaloriginal purchaser, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials material and workmanship. With respect workmanship and to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in accordance with BIZ's specifications which have been accepted in writing immediately upon discovery and, in any by Litronic. In no event, however, shall Litronic be liable or have any responsibility under such warranty if the product(s) has been improperly stored, installed, used or maintained, if the product(s) is damaged or fails to operate properly as a result of interconnection with the equipment of BIZ, or if BIZ has permitted any unauthorized modifications, adjustments and/or repairs to be made to such product(s). Litronic's obligation hereunder is limited solely to repairing or replacing (at its option), at its factory, any product(s) or parts thereof, which prove to Litronic's satisfaction to be defective as a result of defective materials or workmanship within one ninety (190) year after initial start-up days from date (of shipment to the original BIZ); provided, however, that written notice of any claimed defect shall have been given to Litronic within thirty (30) days from the date any such defect is first discovered. The product(s) or eighteen (18part(s) months after shipment, whichever first occurs, and all claims for claimed to be defective work must be made in writing immediately upon discovery and in any eventreturned to Litronic, within one (1) year transportation pre-paid by BIZ, with written specification of completion thereof by Sellerthe claimed defect. Defective items Evidence acceptable to Litronic must be held furnished that the claimed defects were not caused by misuse, abuse, or neglect by anyone other than Litronic. Litronic's obligations hereunder do not include any responsibility for Sellerany costs occasioned by removal, claims, or remedies with respect to direct damage, loss of use, lost profits, or other secondary or consequential damage of any kind, however occasioned. Litronic's inspection and returned total obligation under this warrant is limited to the sellers'- point original purchase price of original shipment upon requestthe products or services found to be defective within the terms of this warranty. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE THE FOREGOING WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER(EXCEPT AS TO TITLE), Seller includingWHETHER EXPRESS OR IMPLIED, but not limited toINCLUDING WITHOUT LIMITATION, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE,

Warranty and Limitation of Liability. Price Pump Company A. Seller's SFX warrants to the person or entity that purchases a subscription that (i) any of the products listed in the subscription will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX’s Limited Warranty and which is returned to Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software. No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SFX OR ITS SUPPLIER’S BREACH OF WARRANTY. SFX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SFX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SFX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SFX’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, SFX’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between SFX and you. SFX will indemnify and hold you harmless and will defend or settle any claim, suit or proceeding brought against you by a third party that is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement upon a claim that any of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions products contained in Buyer's purchase order the subscription and that you are actively using infringes a copyright or request for quotationviolates an intellectual or proprietary right protected by United States (“Claim”), any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may but only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturerClaim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided. All claims for defective products or parts under this warranty You must be made notify SFX in writing immediately upon discovery and, in of any event, Claim within one ten (110) year business days after initial start-up or eighteen (18) months after shipment, whichever you first occursreceive notice of the Claim, and all claims for defective work must be made you shall provide to SFX at no cost with such assistance and cooperation as SFX may reasonably request from time to time in writing immediately upon discovery connection with the defense of the Claim. SFX shall have sole control over any Claim (including, without limitation, the selection of counsel and the right to settle on your behalf on any terms SFX deems desirable in any eventthe sole exercise of its discretion). You may, within one at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. SFX shall pay actual damages, costs, and attorney fees awarded against you (1or payable by you pursuant to a settlement agreement) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned in connection with a Claim to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVERextent such direct damages and costs are not reimbursed to you by insurance or a third party, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside an aggregate maximum equal to the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites purchase price of the Seller are issued for general information purposes only and Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of SFX’s legal counsel the Software is likely to become the subject of a Claim, SFX shall not be deemed attempt to resolve the Claim by using commercially reasonable efforts to modify the provisions hereof. B. The agreement formed hereby and Software or obtain a license to continue using the language herein shall be construed and enforced under the Uniform Commercial Code as in effect Software. If in the State opinion of California SFX’s legal counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable modification or licensing, SFX, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on the date hereofa pro rata basis any fees paid in advance by you to SFX. THE FOREGOING CONSTITUTES SFX’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to infringements that would not be such, except for customer-supplied elements.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions. This contract shall represent Seller warrants that for a period of two years from the final, complete and exclusive statement date of shipment all of the agreement between goods delivered will be of the parties kind designated or specified (normal wear and tear excepted). Warranty on batteries of any kind, including rechargeable batteries, lasts one year from the date of shipment. Seller shall be promptly notified in writing by Purchaser of any failure to meet this warranty. The conditions of any test designed to resolve any alleged breach of warranty shall be mutually agreed upon, and Seller shall be notified of and may be represented in all such tests that may be made. Seller’s obligation to Purchaser with respect to any goods found to be defective shall be limited to (at Seller’s sole option) replacing or repairing such goods at Seller’s facility (labor charges not be modifiedincluded) or such other point as Seller may designate, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course provided that written notice of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference such defect is received by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires Purchaser within two years from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year date of completion thereof shipment by Seller. Defective items must Any claim not made within such two year period shall be held for Seller's conclusively deemed waived by Purchaser; provided, however, notwithstanding the notice requirement contained in the preceding sentence, if Purchaser failed to inspect the goods or to send Seller written notice of all claims within ten days of receipt of goods, as set forth in the preceding subsection, Purchaser shall be conclusively deemed to have waived any claim against Seller based upon, arising out of, or related to any defect that was ascertainable upon adequate inspection and of the goods. No goods are to be returned to Seller without its written authorization. There will be a twenty percent (20%) restocking fee in addition to any shipping costs incurred as well as Seller’s technician’s expense and repair costs, if applicable, for any returned product. If warranty service is required at Purchaser’s location, labor and travel charges shall apply. Seller shall not be liable for any expense incurred by Purchaser in order to remedy any defect in its goods. Title to all goods that have been replaced shall thereafter vest in Seller, where Purchaser had previously acquired title pursuant to the sellers'- point provisions hereof. If goods furnished to Purchaser's specifications are used or combined by Purchaser with other products or items not furnished herein, Purchaser shall indemnify and hold harmless Seller from all claims resulting from the use or incorporation of original shipment upon requestsuch goods in Purchaser's product. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES WHATSOEVERAND LIABILITIES, Seller includingEXPRESSED OR IMPLIED, but not limited toINCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE GOODS SOLD HEREUNDER. THE FOREGOING STATES PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S SOLE AND EXCLUSIVE LIABILITY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OF GOODS HEREUNDER, suggestions as WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR CONTINGENT DAMAGE OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS GOODS OR FROM THE USE OF ANY DEFECTIVE GOODS, NOR IS ANY OTHER PERSON AUTHORIZED TO ASSUME FOR SELLER ANY SUCH LIABILITY. SELLER'S LIABILITY FOR LOSSES OR DAMAGES ARISING OUT OF THE SUPPLY OR USE OF ITS GOODS SHALL IN NO EVENT EXCEED THE PRICE CHARGED FOR THE GOODS. THIS WARRANTY SHALL EXTEND TO THE FIRST PURCHASER OF SUCH GOODS FROM SELLER AND SHALL NOT BE ASSIGNED OR TRANSFERRED. 00 Xxxx Xxxx, Huntington, NY 11743 Tele: 000-000-0000 Fax: 000-000-0000 0000 Xxxxxx Xxxxxxxx Parkway Hudson, OH 44236 Tele: 000-000-0000 Fax: 000-000-0000 EQUIPMENT SALES AND INSTALLATION TERMS AND CONDITIONS‌‌ The Equipment Distributor and the Equipment Purchaser, intending to specific equipment does not imply any guarantee of specific suitability and/or material compatibility be legally bound hereby, each in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites consideration of the Seller are issued for general information purposes only representations, covenants, and shall not be deemed to modify agreements of the provisions hereof. B. The agreement formed hereby other as set forth herein, mutually represent, covenant, and the language herein shall be construed and enforced under the Uniform Commercial Code agree as in effect in the State of California on the date hereof.follows:

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms 11.1 Ciat warrants that the Goods detailed under the Quotation shall comply with Ciat’s Warranty Policy. Full details of Ciat’s Warranty Policy are provided upon quotation and conditionsif not provided shall be available to Customer upon request. This contract shall represent the finalCiat makes no other warranties, complete and exclusive statement of the agreement between the parties and may not be modifiedconditions or representations, supplementedwritten, explained oral, express or waived by parol evidenceimplied, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, fact or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunderlaw, including sales and use without limitation any implied warranties, conditions or representations of productsdesign, parts and work and satisfactory quality, fitness for any specific or general purpose, title or non-infringement, all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyerwhich are, to the extent possiblepermissible bylaw, whatever warranty Seller requires from hereby expressly excluded and disclaimed. 11.2 Customer shall notify Ciat in writing of any defect or damage or loss within three (3) working days after delivery of Goods or of non-conformance of any services or within three (3) working days of performance of such Services. Provided that Ciat has received notice of such defect or non-conformance as required above, and provided that Ciat accepts that such damage or loss is due solely to a breach by Ciat, Ciat may, at its sole discretion provide to Customer one of the manufacturer. All claims for defective products following remedies, namely:- (a) repair the goods at Ciat’s sole expense; or (b) supply replacement Goods or re-commission the Goods at no additional charge to Customer (and if so any Goods or components so replaced shall be returned to Ciat and become Ciat property); or (c) refund a discrete portion of any monies paid relating to those Goods (or parts of such Goods) that are non- conforming or defective or in the case of commissioning or services to re-perform or correct any non-conforming Services to the extent due solely to errors on the part of Ciat, 11.3 Ciat shall not be under this warranty must any liability for damages whatsoever except in the proportion and to the extent that such damages have resulted solely from Ciat’s breach of contract or negligence. Ciat’s total liability to Customer (whether such liability arises from breach of warranty, breach of contract, liability in tort including negligence or otherwise) shall be made limited to direct damages that are caused as a result of Ciat’s acts or omission and shall be as detailed above and in writing immediately upon discovery andno event shall the total cost of any remedy or payment or monetary damages exceed the amount of the Contractual Sum payable by Customer for the discrete portion of the Goods and/or the Services that are non-conforming or defective. 11.4 Ciat shall not, in any event, within one (1) year after initial start-up be liable for any incidental, indirect special, punitive or eighteen (18) months after shipmentconsequential losses or damages for any loss of profit, whichever first occursloss of revenue, and all claims loss of business or goodwill, data or data use, loss of reputation or loss of anticipated savings or the like, whether in an action for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but contract or tort or other legal theory whether or not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites Ciat has been advised of the Seller are issued possibility of such losses and/or damages 11.5 Nothing in these Terms and Conditions shall exclude or restrict Ciat’s liability for general information purposes only death or personal injury resulting from Xxxx’s negligence or to limit Ciat’s liability for fraudulent misrepresentation. 11.6 Save where the Customer is a Consumer, the provisions of sections 13, 14 and 15 of the Sale of Goods Xxx 0000 (including any amendment or re-enactment thereof) and those consumer protection rights under the Supply of Goods and Services Xxx 0000, Sale and Supply of Goods Xxx 0000, the Sale and Supply of Goods to Consumer Regulations 2002, the Unfair Contracts terms Xxx 0000 and the Unfair Terms in Consumer Contracts Regulations 1999 shall not apply to this Agreement and any terms and/or conditions otherwise implied by those Acts to protect consumers shall not be deemed to modify incorporated in this Agreement by virtue of the provisions hereoffact that the parties are dealing as commercial enterprises acting within the ordinary course of their businesses. For the avoidance of doubt, the statutory rights of any Consumer, being an unincorporated body or person and not acting in the course of his/her trade or business shall not be affected by this Clause. B. 11.7 The agreement formed hereby limitations, exclusions and disclaimers set forth in this section 9 will not apply only if and to the language herein extent that a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers. 11.8 Any proposal or other documentation including any drawing, design, measurement or specification provided by way of tender shall not be construed binding unless such terms are specifically incorporated within a written and enforced contract executed by an authorised signatory for Ciat. 11.9 Ciat will not be liable under Clause 11.8 if any material information has been withheld concealed or misrepresented by Customer. 11.10 Customer will unconditionally fully and effectively indemnify Ciat against all losses, damages, penalties and costs on an indemnity basis and expenses awarded against or incurred by Ciat in connection with or paid or agreed to be paid by Ciat in settlement of any claim by any third party arising from the Uniform Commercial Code supply or use of the Goods which has been sold or assigned by Customer to any such third party. This indemnity will be reduced in proportion, and subject to the liability limitations set out within Clause 11 to the extent that such losses, damages, penalties, costs and expenses are due wholly and solely to Ciat’s negligence. 11.11 Customer agrees to indemnify and keep Ciat fully indemnified from and against any loss, claim or liability whatsoever incurred or suffered by Ciat as a result of negligence or any default by the Customer (or its employees, agents or representatives) of its obligations however arising in effect in connection with the State provision of California on Goods and or Services, together with expense, claim, loss or damage which Ciat or any of its employees, agents, subcontractors and other clients) may suffer due to the date hereofnegligence or breach of the Customer (or its employees, agents or subcontractors).

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions. This contract shall represent If Partner notifies SpinGo that the final, complete and exclusive statement SpinGo Platform or any feature of the agreement between SpinGo Platform is not functioning properly, SpinGo may undertake such efforts as, in SpinGo’s sole discretion, are calculated to correct the parties and may problem. In no event shall SpinGo be responsible for any issues or problems arising from any website operated by Partner (each a “Partner Website”) whether or not caused by the SpinGo Platform. Partner’s sole remedy in the event the SpinGo Platform interferes with a Partner Website or that the SpinGo Platform or any feature of the SpinGo Platform is not functioning properly is to terminate this Agreement by giving written notice to SpinGo. THE LICENSE Set forth in section 1 above is PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Partner BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SpinGo platform or any portion thereof. WITHOUT LIMITING THE FOREGOING, SpinGo DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SpinGo Platform SHALL BE UNINTERRUPTED OR ERROR-FREE. In no event will SpinGo, its employees or agents be modifiedliable for any lost profits, supplementedindirect, explained incidental, special, punitive or waived by parol evidenceconsequential damages, any Terms and Conditions contained in Buyer's purchase order including damages due to loss of data or request for quotationgoodwill, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions arising out of this contract may only be modified Agreement or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and the use of productsor reliance upon the SpinGo Platform, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites even if SpinGo has been advised of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofpossibility of such damages. UNDER NO CIRCUMSTANCE WILL SpinGo’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY Partner TO SpinGo DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms (For the purposes of this Section 7, Cabletron Systems, Inc. and conditions. This contract shall represent the final, complete its software suppliers and exclusive statement licensors are collectively referred to as "Cabletron".) The only warranty Cabletron makes to You in connection with this license of the agreement between Licensed Materials is that the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between media on which the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, Licensed Software is recorded will be replaced without charge, if Cabletron in good faith determines that the media and proof of payment of the license fee are returned to Cabletron or the dealer from whom it was obtained within ninety (90) days of the date of payment of the license fee. Cabletron has tested its software with current virus checking technologies. However, because no anti- virus system is 100% reliable, we strongly caution You to write protect and then verify that the Licensed Software, prior to installing it, is virus-free from defects with an anti-virus system in materials and workmanshipwhich You have confidence. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, Cabletron makes no representations or warranties to the extent possibleeffect that the Licensed Software is virus- free. CABLETRON MAKES NO WARRANTY OR REPRESENTATION, whatever warranty Seller requires from the manufacturerEXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, AND IT IS LICENSED "AS IS". All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES WHATSOEVEROF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, Seller includingWHICH ARE EXPRESSLY DISCLAIMED, but AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. ONLY TO THE EXTENT SUCH EXCLUSION OF IMPLIED WARRANTY(IES) IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY(IES) IS LIMITED TO THE DURATION OF THE WARRANTY SET FORTH ABOVE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE LICENSED MATERIALS. IN NO EVENT WILL CABLETRON OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY PARTY, INCLUDING LOSS OF DATA OR PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF CABLETRON OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CABLETRON OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS. Some states do not limited toallow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, suggestions as so the above limitation and exclusion may not apply to You. This warranty gives You specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular applicationlegal rights, since many factors outside the control of Seller and You may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed also have other rights which vary from state to modify the provisions hereofstate. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms 11.1. TRIS warrants that the Services shall be performed by TRIS in accordance with the applicable testing and conditions. This contract shall represent the final, complete certification standards and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed workmanlike manner by an Officer of Sellerqualified personnel. These terms are intended to cover all activity of Seller TRIS and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and TRIS Affiliates shall not be deemed liable under any circumstances to modify Customer or any other person if (a) the provisions hereofServices or work products prepared in connection with the Services are not used for the intended purpose; (b) any report prepared by TRIS or the TRIS Affiliates was subsequently modified without TRIS’s or, as appropriate, the TRIS Affiliates’ written consent; (c) if Customer fails to perform its obligations under these Terms; or (d) Customer did not disclose to TRIS or the TRIS Affiliates all material facts known to Customer with respect to the object of the Services. B. The agreement formed hereby 11.2. Statements or findings made in TRIS reports are opinions based on the tests conducted and the language herein shall are not to be construed and enforced under as representations of fact. Due to the Uniform Commercial Code as limitations of testing methods in effect in evaluating all of the State of California on factors that determine the date hereofoverall component quality, no guarantee is made nor liability assumed by TRIS for the component quality or serviceability. 11.3. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, XXXX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES BY TRIS OR ANY OF ITS AGENTS, SUBSIDIARIES, AFFILIATES OR SUBCONTRACTORS. ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DECLINED. 11.4. CUSTOMER MAY NOT BRING ANY ACTION ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION COVERED BY THESE TERMS UNLESS SUCH ACTION IS COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED. 11.5. THE LIABILITY OF TRIS AND THE TRIS AFFILIATES, THEIR EMPLOYEES, AGENTS, MANAGERIAL STAFF AND CONSTITUENT BODIES, FOR ALL DAMAGES IN CONNECTION WITH THE PROVISION OF THE SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF: (A) A TOTAL OF ONE MILLION UNITED STATES DOLLARS ($1,000,000.00); OR (B) IF THIS IS A CONTRACT WITH A FIXED OVERALL FEE, TEN TIMES THE AMOUNT PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, ORDER OR SOW UNDER WHICH THE DAMAGES OCCURRED; OR (C) IF THIS IS A CONTRACT FOR ANNUALLY RECURRING SERVICES, THE AGREED ANNUAL FEE PAID BY CUSTOMER; OR (D) IF THIS IS A CONTRACT EXPRESSLY CHARGED ON A TIME AND MATERIALS BASIS, A TOTAL OF FIFTY THOUSAND UNITED STATES DOLLARS ($50,000.00); OR (E) IF THIS IS A FRAMEWORK AGREEMENT THAT PROVIDES FOR THE POSSIBILITY OF PLACING INDIVIDUAL ORDERS, AN AMOUNT EQUAL TO THREE TIMES THE FEE PAID BY CUSTOMER FOR SERVICES RELATED TO A PARTICULAR QUOTE, ORDER OR SOW UNDER WHICH THE DAMAGES OCCURRED. THE LIABILITY OF TRIS AND THE TRIS AFFILIATES HEREUNDER IS EXPRESSLY LIMITED TO DIRECT DAMAGES INCURRED WITH RESPECT TO THE SERVICES PERFORMED BY XXXX. IN NO EVENT SHALL TRIS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Warranty and Limitation of Liability. Price Pump Company A. SellerServices provided by ICT hereunder will be performed in a professional and xxxxxxx like manner and shall substantially conform with the description of Services set forth on the attached Service Definition Worksheet. Should ICT breach this warranty, the Customer shall so notify ICT in writing, and ICT shall use reasonable diligence to remedy such breach within 15 days of receipt of Customer's price is based notice. Should ICT fail to remedy a breach within that time, Customer shall be entitled to a reasonable abatement of fees hereunder. EXCEPT AS PROVIDED IN THIS PARAGRAPH, ALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE REMEDY FOR ICT'S BREACH OF ALL WARRANTIES HEREUNDER IS AS SET FORTH IN THIS PARAGRAPH. IN NO EVENT SHALL ICT BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER TO ICT FOR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ICT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, OR DAMAGES FOR INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, INDEMNITY OR OTHERWISE, EVEN IF ICT HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on these sales terms and conditionsthe part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. This contract shall represent Agreement constitutes the final, complete and exclusive statement of the agreement entire Agreement between the parties with respect to the subject matter hereof and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings supersedes all prior agreements between the parties, Seller's performance whether written or deliveryoral, relating to the same subject matter. No modifications, amendments, or supplements to this Agreement shall be effective for any purpose unless in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document writing signed by an Officer officer of SellerICT and a duly authorized representative of the Customer. These terms are intended The prevailing party in any legal proceeding brought by one party against the other party and arising out of or in connection with this Agreement shall be entitled to cover all activity of Seller and Buyer hereunderrecover its legal expenses, including sales court costs and use attorneys' fees. The laws of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on Georgia shall govern the date hereofvalidity, interpretation, performance and enforcement of this Agreement.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms BD represents and conditions. This contract warrants that at the time BD ships the Products or performs Services, such Products or Services, as the case may be, shall represent meet the final, complete BD specifications relating thereto and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanshiprightful claim of third parties for infringement of patent, copyright or trade secret. With respect to products and parts not manufactured by Seller, Seller's only obligation The foregoing warranty shall be void if the Products have been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which they were manufactured or if the Products’ failure to assign to Buyer, conform to the extent possible, whatever foregoing warranty Seller requires from was due in whole or in part to other conditions beyond the manufacturercontrol of BD. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING THE WARRANTY SET FORTH IN THIS PARAGRAPH IS EXPRESSLY EXCLUSIVE REGARDING THE PRODUCTS AND IN LIEU OF ALL OTHER WARRANTIES WHATSOEVEREXPRESS, Seller includingIMPLIED OR STATUTORY, but not INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUTES OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. BD’s liability it connection with the Products and the supply thereof shall be limited to, suggestions as to specific equipment does not imply any guarantee the repair or replacement of specific suitability and/or material compatibility in a particular application, since many factors outside such Products or the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites return of the Seller are issued purchase price for general information purposes only and such Products at BD’s discretion. Buyer agrees that BD is not responsible for any indirect, consequential, or business damages (including without limitation, loss of profit or use). which may be suffered as a result of BD’s breach of any contract, representation, or warranty or as a result of your sale or the use of the Products. Buyer further agrees that BD shall not be deemed to modify liable for any damages that may result from a force majeure, which shall include acts of God, acts of the provisions hereofpublic enemy, war, terrorism. Insurrections, riots, injunctions, embargoes, fires, explosions, floods, or other unforeseeable causes beyond the reasonable contra, and without the fault or negligence of, BD. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price HYBRID warrants for a period of 90 calendar days after Delivery (the “Warranty Period”) that the Software will perform substantially in accordance with the Documentation provided that the Software is based used under normal operating and maintenance conditions, as directed in the Documentation, and in compliance with this Agreement. The date of Delivery shall be understood as the date on these sales terms which HYBRID notifies the Customer via email or other agreed-upon communication method that the Software is available for download and conditions. This contract shall represent the final, complete and exclusive statement installation as per article 4 of the agreement between Terms of Sale. The warranty set forth in this Agreement will not apply if defects arise out of an accident, neglect, misuse, failure of utilities, equipment failures, causes beyond HYBRID’s control, or use other than ordinary use for which the parties and may not be modified, supplemented, explained or waived by parol evidenceSoftware is intended as described in the Documentation. During the Warranty Period, any Terms Updates and Conditions contained New Versions are free of charge and Customer shall have access to the support service during the applicable business hours. HYBRID has no obligation to provide any support and maintenance beyond the Warranty Period unless Customer subscribed to a separate support and maintenance agreement as expressed in Buyer's purchase order or request for quotationan Order Confirmation. The warranty does not cover any software, any course of dealings between the parties, Seller's performance or deliveryhardware, or in materials not provided by HYBRID, or any other way. The Terms and Conditions combination of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up)HYBRID’s Software with the same. Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, modifications to the extent possible, whatever Software by any persons other than the HYBRID will void the warranty Seller requires from the manufacturer. All claims for defective products or parts and cause an event of default under this warranty must be made in writing immediately upon discovery andAgreement. DISCLAIMER OF WARRANTY. THIRD-PARTY SOFTWARE AND TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, in any eventINCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by SellerEITHER EXPRESS OR IMPLIED. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon requestTHE WARRANTIES AND HYBRID’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE HYBRID’S EXCLUSIVE OBLIGATIONS AND THE CUSTOMER’S EXCLUSIVE REMEDIES. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVERWARRANTIES, Seller includingEXPRESS OR IMPLIED. NO OTHER WARRANTIES, but not limited toREMEDIES, suggestions as to specific equipment does not imply any guarantee OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARE MADE OR GIVEN BY HYBRID, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG-FREE. NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. HYBRID EXPRESSLY DISCLAIMS (AND CUSTOMER ACKNOWLEDGES THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYBRID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE PROCURED UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY AND FOR ALL CLAIMS IN AGGREGATE, EXCEED THE PRICE CUSTOMER PAID UNDER THE AGREEMENT TO HYBRID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT THAT FIRST GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYBRID, REGARDLESS OF LEGAL THEORY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF A HYBRID REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. NOTHING CONTAINED IN THIS AGREEMENT LIMITS HYBRID’S LIABILITY TO CUSTOMER IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD), OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Except for Customer’s breach of specific suitability and/or material compatibility in HYBRID’s Intellectual Property Rights, neither party may bring a particular application, since many factors outside claim under this Agreement more than 6 months after the control of Seller may affect event that creates the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofaction or claim. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.

Warranty and Limitation of Liability. Price Pump Company A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete (a) The COMPANY’s sole and exclusive statement of warranty obligation with regard to any sale hereunder is specified in the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any COMPANY’s General Terms and Conditions contained as set forth on Exhibit E, attached hereto. (b) Within a reasonable time following receipt of a Product, DISTRIBUTOR shall notify COMPANY of the existence of any defect(s) in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery such Product and, in any event, DISTRIBUTOR shall so notify COMPANY of defects immediately upon their discovery by, or upon customer notice to DISTRIBUTOR. Within 30 days of such notification, the COMPANY shall provide DISTRIBUTOR with shipping instructions for such products that contain defects. DISTRIBUTOR shall return such defective Products to the COMPANY pursuant to the return shipping instructions and transportation costs shall be paid by the COMPANY. (c) COMPANY will replace, at its sole option and only obligation, any Products found to be defective if notified by DISTRIBUTOR within one the warranty period. (1d) year after initial start-up or eighteen COMPANY shall use commercially reasonable efforts to replace defective Product within ninety (1890) months after shipmentdays from receipt of the defective Product. (e) Product which has been replaced by COMPANY during the warranty period is warranted only for the remaining unexpired portion of the original warranty period. (f) COMPANY’s replacement of defective Product within the warranty period shall be DISTRIBUTOR’s and its customers’ exclusive remedy with respect to defective Product and shall be the limit of COMPANY’s liability with respect to defective Product. (g) To the extent permitted by applicable law, whichever first occursthe foregoing warranty is exclusive and in LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, and all INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. (h) All claims for defective work must be made in writing immediately upon discovery and in any event, brought within one (1) year of completion thereof shipment by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereofCOMPANY. B. The agreement formed hereby and the language (i) Nothing herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereofis intended to exclude or limit COMPANY’s liability for death or personal injury caused by its negligence.

Warranty and Limitation of Liability. Price Pump Company6.1 Seller warrants that the Product will conform to the specifications for the Product contained in Exhibit “B” for a period of 1 year starting from the Delivery Date. SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement 6.2 Any claim by Buyer alleging a breach of the agreement between above warranty shall be made within 1 year after the parties and may Delivery Date, in relation to a breach that occurred during the above- referenced warranty period. Buyer's sole remedy for any such breach of warranty shall be, at the option of Seller, (i) repair of the Product to cause it to conform to the warranty, or (ii) a replacement Product that conforms to the warranty. Any alleged breach of warranty that cannot be modifiedduplicated or otherwise objectively confirmed by Seller shall be deemed to not be a breach of warranty. 6.3 With the exception of liability relating to intellectual property, supplemented, explained Seller shall not be liable to Buyer for any consequential or waived by parol evidence, any Terms and Conditions contained indirect damages that Buyer may suffer in Buyer's purchase order or request for quotation, any course of dealings between relation to the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunderProduct, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee lost profits, lost revenues, lost business chance, loss of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites use of the Product, and loss of use of other products or facilities. In addition, notwithstanding any other provision herein to the contrary, Seller's aggregate liability arising from the Product shall not exceed the total amount paid by Buyer to Seller are issued for general information purposes only and the products. 6.4 In no event shall Seller be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of its products. 6.5 Seller’s employees or representatives, oral or other written statements, do not constitute warranties, shall not be deemed to modify relied upon by Buyer, and is not part of the provisions hereofcontract for sale or this limited warranty. B. The agreement formed hereby and the language herein shall be construed and enforced under the Uniform Commercial Code as in effect in the State of California on the date hereof.