Common use of Warranty and Remedy Clause in Contracts

Warranty and Remedy. One-Year Warranty — In the event that the Product does not conform to this warranty at any time during the time of one year from original purchase, warrantor will repair the defect and return it to you at no charge. This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. LIT-0602 Warranty 5.2004 WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY. EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON- INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by Warrantors’ negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other Agreement provided by Warrantors to purchaser. The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the State of Delaware shall apply.

Warranty and Remedy. One-Year Warranty — In the event Seller warrants that the Product does not goods delivered hereunder will be manufactured in accordance with applicable Good Manufacturing Practices of the United States Food and Drug Administration (“GMP”) and conform to this warranty the agreed upon specifications for the goods, in all material respects, at any time during the time of one year delivery to Buyer. Seller makes no representation or warrantee that the goods are appropriate for Buyers intended use and Seller shall have no liability for any damages or claims resulting from original purchase, warrantor will repair the defect and return it to you at no chargeBuyer use of goods. This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS FOREGOING WARRANTY IS LIMITED TO REPAIR EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KINDIMPLIED, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. LIT-0602 Warranty 5.2004 WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY. EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE PURPOSE. THE FOREGOING WARRANTY SUPERSEDES AND THE WARRANTY EXCLUDES ANY ORAL WARRANTIES OR REPRESENTATIONS, OR WRITTEN WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED INCLUDING, WITHOUT LIMITATION, IN ANY MANUAL, LITERATURE, ADVERTISING BROCHURE OR ANY OTHER MATERIALS OR BASED ON CUSTOM OR OTHERWISE. ALL WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IT IS THE SOLE RESPONSIBILITY OF BUYER TO DETERMINE THE ADEQUACY OF ALL GOODS PURCHASED BY BUYER FOR ANY INTENDED SPECIFIC PURPOSE OR USE. SELLER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR LIABILITY ARISING OUT OF OR RESULTING FROM CUSTOMER’S POSSESSION OR SALE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILTY IS BASED IN TORT, CONTRACT OR OTHERWISE AND THE WARRANTY OF NON- INFRINGEMENT AND/WHETHER OR ANY WARRANTY ARISING FROM A COURSE OF DEALINGNOT SUCH LOSS IS FORESEEABLE. If Buyer has made any alteration to any goods, USAGE, OR TRADE PRACTICEBuyer will have waived all warranty claims. It must No warranties may be clear that assigned to any subsequent purchaser or user of the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of products goods or services, even if caused by Warrantors’ negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other Agreement provided by Warrantors to purchaser. The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the State of Delaware shall apply.

Warranty and Remedy. OneThree-Year Warranty — In the event that the Product does not conform to this warranty at any time during the time of one year three years from original purchase, warrantor will repair the defect and return it to you at no charge. This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT T IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. LIT-0602 Warranty 5.2004 WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. NEGLIGENCE YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY. WARRANTY EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDINGNCLUDING: THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON- NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by Warrantors’ negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other Agreement provided by Warrantors to purchaser. The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the State of Delaware shall apply.

Warranty and Remedy. OneSeller’s product is warranted to confirm to the applicable description on the face of this order and is to be free from defects in material and workmanship for the periods shown below from the date of shipment. The warranty coverage is on a Depot basis. Any alternatives to Depot warranty service shall be at the sole discretion of Seller. Software and Hardware Products 1 year In-Year Warranty — In Equipment returned for 90 days or end Repair or Replacement. (Items under warranty of original warranty returned, tested and found without fault will be period, whichever charged; request price quote) occurs later. Out-of-warranty items returned for repair 90 days. or calibration. Custom Systems - For TESTRESOURCES, Inc. products, warranty periods are as shown above. For Non-TESTRESOURCES products integrated into the event that system, the Product does not conform manufacturers warranty period and terms and conditions will apply. OTHER THAN THE WARRANTY HEREIN CONTAINED, THERE IS NO OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) THAT SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF ANY SELLER PRODUCT. Seller assumes no liability for faulty or improper application of its products. All claims under the Seller’s warranty must be made in writing to this Seller during applicable warranty period and the product claimed defective or non-confirming returned by Buyer to Seller F.O.B. Seller’s plant. All parts returned for warranty must be accompanied by a written explanation of failure. Seller will repair, or at its option, replace any time during the time of one year from original purchase, warrantor will repair the defect defective or non-confirming product and return it the repaired or replacement product to you at no Buyer without charge. This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO SUCH REPAIR OR REPLACEMENT OF IS THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR EXCLUSIVE REMEDY AVAILABLE FROM SELLER AND SELLER IS NOT RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, INCIDENTAL AND CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. LIT-0602 Warranty 5.2004 WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATIONCONTRACT. INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY. EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON- INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will Seller’s warranties shall not be damage to your person enlarged, diminished or property affected by, and no obligation or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, liability shall arise or expense that may arise grow out of Seller’s rendering of technical advice or in service in connection with Customer’s order or the use goods furnished. Seller will not issue credit for returned goods regardless of products or services, even if caused by Warrantors’ negligenceBuyer’s policy when returned after 60 days of shipment. The warrantors assume Restocking charges for standard goods will be 25% of price. Custom system components and software are not considered restockable and no liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other Agreement provided by Warrantors to purchaser. The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not credit will be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the State of Delaware shall applyissued.

Warranty and Remedy. OneTwo-Year Warranty — In the event that the Product does not conform to this warranty at any time during the time of one year two years from original purchase, warrantor will repair the defect and return it to you at no charge. This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT T IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. LIT-0602 Warranty 5.2004 WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. NEGLIGENCE YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY. WARRANTY EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDINGNCLUDING: THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON- NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by Warrantors’ negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other Agreement provided by Warrantors to purchaser. The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the State of Delaware shall apply.