Common use of Warranty and Remedies Clause in Contracts

Warranty and Remedies. Seller represents and warrants to Buyer that all Products provided by Seller hereunder shall have been manufactured in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industry. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products will be free from defects, be error-free, or operate in combinations with equipment, devices, software, systems or any other product. If, during [*], (a) Seller is notified, in writing and promptly upon discovery, of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary to any instructions given by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the transportation charges paid by the Buyer for returning such defective Products to Seller. The performance of this warranty shall not act to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed to the contrary by Seller and Buyer in writing prior to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations set forth in this Section, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing Agreement

Warranty and Remedies. Products Limited Warranty: Seller represents warrants that the Products are warranted against defects in material and warrants workmanship in the country to Buyer which Seller ships the Products. The Warranty Remedy Period for Products (excluding Refurbished or Repaired Parts) shall end twenty four (24) months after date of shipment, The Warranty Remedy Period for refurbished, repaired or “B” Stock parts shall end ninety (90) days after date of shipment. Products Remedy; please see Product Warranty Information and RMA process at xxx.xxxxxxx.xxx . The above section refers only to RLE Technologies’ manufactured products; all other warranties by other manufacturers will be honored per their own policies. EXCEPT FOR THE EXPRESS WARRANTIES REFERENCED HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ON PRODUCTS FURNISHED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED WARRANTIES APPLY ONLY TO THE ORIGINAL PURCHASER AND ARE CONTINGENT UPON PROPER TREATMENT AND USE OF THE PRODUCTS AND MAINTENANCE OF A SAFE AND SUITABLE SITE. RLE hereby grants to Reseller a limited, nonexclusive right to use RLE’s regular trade names, trademarks, titles and logos in the advertising, promotion and sale of products. Reseller shall not make or permit any alteration or removal of tags, labels, or identifying marks placed by RLE on or within the products. Reseller agrees not to use RLE’s trade names in Reseller’s corporate title or name in any way that might result in confusion as to the separate and distinct identities of RLE and Reseller. Upon the expiration or earlier termination of this Agreement, the license granted to Reseller shall immediately terminate and Reseller shall immediately cease all Products provided by Seller hereunder use of the any and all RLE regular trade names, trademarks, titles and logos. Reseller recognizes and acknowledges RLE’s ownership and title to its trade names, trademarks titles and logos and the goodwill related thereto and agrees that any and all goodwill which accrues as a result of Reseller’s use of such marks shall have been manufactured become the property of RLE. Reseller further agrees not to contest or take any action in opposition to any trademark, service xxxx, trade name or logo of RLE or to use, employ or attempt to register or attempt to register any xxxx or trade name which is similar to any xxxx or name of RLE. The Reseller agrees to comply with all federal, state and local laws and regulations that are applicable to its business transactions, including but not limited to those regarding export compliance. The Reseller agrees to indemnify, defend and hold RLE harmless for any and all loss, damages, suits or loss arising out of Reseller’s failure to comply with the terms of this provision. RLE Technologies exports commodities, technology or software from the United States in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industryU.S. Export Administration Regulations. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products will be free from defects, be errorWhen exporting or re-free, or operate in combinations with equipment, devices, software, systems or exporting RLE products any other product. If, during [*], (a) Seller is notified, in writing and promptly upon discovery, of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use diversion contrary to any instructions given by Seller (collectivelyU.S. Law is strictly prohibited. When applicable, “Abuse or Misuse”)Reseller agrees to adhere to U.S. Export Administration Regulations. For more information on these rules and regulations, then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the transportation charges paid by the Buyer for returning such defective Products to Seller. The performance of this warranty shall not act to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed you may refer to the contrary by Seller U.S. Census Bureau Export Administration Regulations (xxx.xxxxxx.xxx.xxx/xxx/xxx/xxx_xxxx.xxxx) or the U.S. Department of Commerce’s Bureau of Industry and Buyer in writing prior to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations set forth in this Section, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing AgreementSecurity (xxxx://xxx.xxx.xxx.xxx/index.htm).

Warranty and Remedies. Seller represents and A. Nalco warrants to Buyer that all Products provided by Seller at the time of sale the Product sold hereunder shall have been manufactured in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industry. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products or pursuant hereto will be free from defectsof any claim of any nature by any third person and that Nalco will convey clear title thereto at the time of sale to FSI. Subject to the limitations of Article VII.B, Nalco warrants that the Product sold to FSI shall conform to specifications set forth in Attachment A to this Agreement (the "Specifications"). EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE VII.A, THE PRODUCT IS SOLD TO FSI ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND NALCO SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. B. If a Product does not meet Specifications, FSI will provide written notification and a sample thereof to Nalco. Upon verification that Product does not meet Specifications, such quantity of Product will be error-freereplaced by Nalco with conforming Product, or operate in combinations with equipment, devices, software, systems or any other product. If, during [*], (a) Seller is notified, in writing and promptly upon discovery, Nalco will refund the purchase price for that quantity of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to SellerProduct, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary to any instructions given by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer Nalco will reimburse FSI for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer damages for the transportation charges paid testing, storage, disposal, material replacement, reformulating, processing, labor and freight incurred by the Buyer for returning FSI due to such defective Products Product. Nalco's liability for breach of warranty is limited to Sellerreplacement with conforming Product at no charge to FSI. The performance No warranty claim may be made by FSI more than ninety (90) days after delivery of this warranty shall not act Product to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally deliveredFSI. Unless otherwise expressly agreed to the contrary by Seller and Buyer in writing prior to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design Nalco shall not be deemed liable to be FSI for consequential, indirect or incidental damages or damages measured by lost profits whether a waiver claim is in contract, negligence, strict liability or other theory of liability, including without limitation, for non- conforming Product or delays in delivery. In any event, Nalco's liability for any and all claims, damages and causes of action arising out of the warranty obligations set forth in this Sectionsale, nor will Buyer’s approval use, storage, delivery or Acceptance non-delivery of any Products that do not meet Product or any warranty shall be limited to the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed price (including freight charges if paid by FSI) paid to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing AgreementNalco for such Product.

Warranty and Remedies. Seller represents RICO’s “New Truck Warranty” (S1156 Revised 1-2014) (the “Warranty”) is hereby incorporated into this Agreement and warrants shall apply to Buyer that all any Products manufactured or provided by Seller hereunder shall have been manufactured in accordance RICO except as stated herein. XXXX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND RICO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. Customer’s sole and exclusive remedy for any loss or damage associated with the [*], Products shall be as set forth in conformity with the [*] Specifications, and in accordance with all good industry practices customary for Warranty. Products replaced by RICO shall become the semiconductor industryproperty of RICO. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Repaired or replacement Products will be free shipped to the Customer FOB point of shipment. If the Product sold is not manufactured by RICO, RICO will extend to Customer the same warranty protection RICO received from defectsthe original manufacturer, be error-freeto the extent assignable. XXXX is not responsible for any charges relating to warranty work that are not authorized by the Warranty or have not otherwise been authorized by RICO in writing. If RICO, without separate compensation therefore, furnishes Customer with advice or operate in combinations with equipment, devices, software, systems other assistance concerning any Product or any other productsystem or equipment in which any such Product may be installed or incorporated, the furnishing of such advice or assistance will not subject RICO to any liability whether in contract, tort (including negligence and strict liability) or otherwise. IfIf Customer breaches any of Customer’s obligations under this Agreement or if Customer fails to pay amounts due for Products Customer purchases from RICO, during [*], (a) Seller is notified, in writing and promptly upon discovery, of RICO reserves the right to discontinue or otherwise void any non-conformity in warranty. Customer shall be solely responsible for all representations or omissions Customer makes to third parties regarding the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and but not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary limited to any instructions given by Seller (collectivelyrepresentations or omissions Customer makes about warranties, “Abuse or Misuse”)features, then Seller shallperformance, at its option, either repair, replace, or credit Buyer for such non-conforming support and service related to the Products. Seller Customer shall return any Products repaired or replaced inform its customers of RICO’s rights and Customer’s obligations under this warranty to Buyer transportation prepaid, Agreement. RICO shall select the method and shall reimburse Buyer carrier for the transportation charges paid by the Buyer for returning such defective Products to Sellerdelivery of all goods. The performance Risk of this warranty shall not act to extend the [*] warranty period for any Products repaired loss or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed damage to the contrary by Seller and Buyer in writing prior goods shall pass from RICO to Customer upon acceptance of a carrier at point of shipment. Any shipment, there delivery or performance date stated is no warranty for Pre-Production Wafers approximate only and does not constitute any guarantee of shipment, delivery or Development Wafersperformance on any particular date. Buyer’s approval of Seller’s material or design Time shall not be deemed to be a waiver of the warranty obligations set forth in this Section, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed to be a waiver of future enforcement essence of this Section. SiTime—Bosch: Development and Manufacturing Agreementagreement.

Warranty and Remedies. Seller represents and warrants In addition to any other warranties and/or remedies available to Buyer under applicable law, including those afforded to Buyer under Act No. 513/1991 Coll. the Commercial Code as amended, the parties also agreed that all (i) the minimum warranty period shall be 24 months from the final acceptance of the Products provided by Seller hereunder Buyer; this is without prejudice to any longer statutory warranty periods, (ii) the defects liability period shall have been manufactured in accordance with be interrupted for the [*]period of time from the moment, in conformity with which the [*] SpecificationsBuyer notifies the Seller of defects of the Product(s), and in accordance with all good industry practices customary for until the semiconductor industry. This warranty lasts for [*] after Seller delivers repair of the Products. Seller does not warrant that defects by the Products will be free from defects, be error-free, or operate in combinations with equipment, devices, software, systems or any other product. If, during [*]Seller, (aiii) the Seller is notified, shall be obliged to respond in writing and promptly upon discovery, of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary to any instructions given by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the transportation charges paid notice of defects made by the Buyer for returning such defective Products to Seller. The performance in written without undue delay, however no later than 7 calendar days after receiving the written notice of this warranty shall not act to extend defects from the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed Buyer; the notice of defects of the Product(s) and the response to the contrary notice may be sent by e-mail, (iv) the Seller and Buyer in writing prior expressly warrants that the Product(s) conform strictly to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations specifications set forth in this SectionAgreement and are suitable for the intended use, nor will (v) the choice between the claims resulting from defects of the Product(s) shall be made at the Buyer’s approval discretion and Buyer may change its claims resulting from defects of the Product(s) and (vi) in case the Seller has not rectified a defect after the lapse of a reasonable period set out by the Buyer, the Buyer may rectify the defects itself or Acceptance have them rectified by a third party at the Seller's expense and the Seller shall fully reimburse any expenses incurred by the Buyer within ten days of service of a written demand for reimbursement thereof or of an invoice from the Buyer. The Buyer does not have an obligation to set any Products that do not meet time period for the Specifications relieve Seller Supplier to rectify the defects if this is no longer possible due to reasons of its warranty obligations. Any waiver hereunder shall not be deemed particular urgency, specifically in order to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing Agreementxxxx off imminent danger or prevent greater damage.

Warranty and Remedies. Seller represents and Aeromax Industries warrants to Buyer that all Products provided by Seller hereunder shall have been manufactured in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industry. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products will shall be free from defects, defects in materials and workmanship. Any claims for breach of the foregoing warranty shall only be error-freevalid if Buyer makes such claims within sixty (60) days of the date of shipment of the Product to which the claim relates, or operate in combinations with equipmentsuch shorter period specified on a quote, devicesif any, software, systems or any other product. If, during [*], (a) Seller is notified, by notifying Aeromax Industries Sales department in writing and promptly upon discoveryobtaining a Return Material Authorization Number for the return of the Products (which Referenced on all return shipping document). Buyer's exclusive remedy and Aeromax Industries sole liability for any breach of the foregoing warranty shall be for Aeromax Industries, of any non-conformity in at Aeromax Industries sole option, to repair, replace or modify the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customerdefective Product, or improper testing or use contrary to any instructions given refund the Buyer the purchase price paid by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the defective Product. The warranty service shall be performed at Aeromax Industries facility. In order to receive the warranty service, Buyer must return the defective Product within 30days of notification from Buyer hereunder. All warranty claims will be handled pursuant to Aeromax Industries standard RMA procedures. If Aeromax Industries determines that the original Products were not defective, Buyer shall reimburse Aeromax Industries all costs of handling, transportation charges paid by the Buyer for returning such and repairs at Aeromax Industries prevailing rates. All defective Products returned under this warranty, which is replaced, or for which a refund is giver to SellerBuyer shall become Aeromax Industries property. The performance of this warranty shall not act to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed to the contrary by Seller and Buyer in writing prior to shipmentTHE WARRANTY SET FORTH IN THIS SECTION 10 IS IN LIEU OF ALL OTHER WARRANTIES AND AEROMAX INDUSTRIES HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations set forth in this SectionEXPRESS OR IMPLIED, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligationsSTATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR PARTICULAR USE. Any waiver hereunder shall not be deemed repair or attempt to be a waiver repair Products by anyone other than an authorized representative of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing AgreementAeromax Industries automatically voids any warranty on those Products.