Common use of Warranty Claims Clause in Contracts

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.

Warranty Claims. Purchaser hereby acknowledges and agrees In the event that, during the Warranty Period, Contractor shall discover the existence of Defective Work, Contractor shall provide written notice of such Defective Work to AABS prior to the termination of the Warranty Period. Within ten (10) days after receipt of a Warranty Claim, AABS will notify Contractor of its acceptance or denial of all or any part of the Warranty Claim, which acceptance or denial shall be determined by AABS in the exercise of its sole discretion, subject, however, to the following criteria: (i) Any item listed on Contractor’s Warranty Claim that Purchaser has selected and ordered goods based in fact complies with the Plans shall not constitute Defective Work. (ii) Any item listed on its own skill and judgment and agrees Contractor’s Warranty Claim that it involves labor or materials not specifically identified as within the Scope of Work AABS is to perform under Exhibit B shall not constitute Defective Work. (iii) Any item listed on Contractor’s Warranty Claim that was caused by an event or occurrence after Substantial Completion of all the work which AABS is responsible for ensuring performing under Exhibit B shall not be deemed to be Defective Work unless directly and solely caused by an act or omission of AABS after such Substantial Completion. (iv) Any item listed on Contractor’s Warranty Claim that was caused by or was the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipresult of work performed by Contractor, and no samples Owner, or prior description of goods shall constitute an express warranty. If goods are non-conformingtheir respective agents, Halliteemployees, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price contractors or (ii) repair any other persons or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsentities other than AABS, including, but not limited to, all reworksdamage caused by connection to water, investigationssewer, and electric, gas, phone or communication or other consequential costs. Hallite will systems, shall not be responsible for any selection made deemed to be Defective Work. This Subsection shall not apply to damage caused solely by Purchaser and will not have any liability to Purchaser for any lossAABS or its respective agents, damages, costsemployees, or expenses suffered by Purchaser as a result thereofcontractors. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIESFor example, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under if Contractor connects the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection periodwater incorrectly and certain Units flood, the goods flood and any resulting damage shall not be deemed irrevocably accepted to be Defective Work. However, if the Contractor connects the water correctly, but a problem with the pipes installed by Purchaser and all claims against Hallite AABS in a certain Unit leak, the defective pipes would be deemed Defective Work (assuming there are hereby waived and forever barred. Purchaser agrees no other issues that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreementwould prevent the problem with the pipes from being deemed Defective Work).

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite Xxxxxx warrants to Purchaser only that such goods have been produced in accord with Hallite’s Xxxxxx'x standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-non- conforming, HalliteXxxxxx, at its sole option and subject to the terms of this Section 8 section 7 and Section 11section 10, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite Xxxxxx without the prior written consent of Hallite Xxxxxx and the assignment of a return goods authorization number by HalliteXxxxxx. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite Xxxxxx due to Purchaser’s its selection of non-compliant noncompliant or defective designs and products, designs, or materials. Such These associated costs are calculated based on include: (a) an administrative charge to cover all handling, data entry, and reporting activities from the selection of noncompliant or defective products, designs, or materials; (b) any additional costs incurred by Hallite Xxxxxx in managing the non-compliant noncompliant or defective products, includingdesigns, or materials, including but not limited to, all reworks, investigations, investigations and other consequential costs; and (c) with respect to goods manufactured or delivered by the Xxxxxx Drives division of Xxxxxx, up to a thirty five percent (35%) return fee with a minimum restocking fee of $200 or the equivalent thereof in the currency used in the terms and conditions at the exchange rate listed in the Financial Times as of the date of receipt. Hallite will E-commerce purchases are exempt from a return fee as long as returned merchandise is in resaleable condition as determined by Xxxxxx. Xxxxxx reserves the right to alter the fixed administrative charges at any time without notice to Purchaser. Xxxxxx shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED Approved 2021-June-07 WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this AgreementSELLER.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite AIP warrants only that such goods have been produced in accord with HalliteAIP’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteAIP, at its sole option and subject to the terms of this Section 8 paragraph 7 and Section 11paragraph 9, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite AIP without the prior written consent of Hallite AIP and the assignment of a return goods authorization number by HalliteAIP. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite AIP due to Purchaser’s selection of non-compliant noncompliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite AIP in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will AIP shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN OTHER OBLIGATION ON THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. PART OF (c) No agent, employee, employee or representative of Hallite AIP has authority to bind Hallite AIP to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite AIP are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteAIP. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite MANDALS warrants only that such goods have been produced in accord with Hallite’s Mandals standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteMANDALS, at its sole option and subject to the terms of this Section 8 paragraph 6 and Section 11paragraph 8, will either either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite MANDALS without the prior written consent of Hallite MANDALS and the assignment of a return goods authorization number by HalliteMANDALS. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite MANDALS due to Purchaser’s selection of non-compliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite MANDALS in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will MANDALS shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE . (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) MANDALS shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s Mandals written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite MANDALS has authority to bind Hallite MANDALS to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite MANDALS are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteMANDALS. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.. Australia

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite AIP warrants only that such goods have been produced in accord with HalliteAIP’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteAIP, at its sole option and subject to the terms of this Section 8 paragraph 7 and Section 11paragraph 9, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite AIP without the prior written consent of Hallite AIP and the assignment of a return goods authorization number by HalliteAIP. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite AIP due to Purchaser’s selection of non-compliant noncompliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite AIP in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will AIP shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIESSELLER. Hallite AIP shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with HalliteAIP’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, employee or representative of Hallite AIP has authority to bind Hallite AIP to any affirmation, representation, representation or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.is

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible Orvis will not be liable for ensuring that any claim of breach of the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced warranty set forth in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either in respect of any Goods unless: (i) allow Purchaser Dealer notifies Orvis thereof by (A) completing and returning to return Orvis a Return Request in the goods form furnished by Orvis to Dealer that identifies the Goods in question and receive repayment specifies in reasonable detail the nature of the price or claimed defect and (B) sending a physical sample of the defective Goods to Orvis at the address set forth in the Order, in each case not later than 180 days after the date of Orvis’ delivery of the Goods to Dealer; (ii) in Orvis’ opinion (A) the defect is due solely to defective materials or manufacturing and is not due to normal wear and tear and (B) the Goods have not been misused or subjected to neglect, carelessness or abnormal storage or other conditions or been involved in any accident or attempt at repair or replace modification or dealt with contrary to any directions issued by Orvis or otherwise damaged as a result of the goodsfault of Dealer; and (iii) if conditions (i) and (ii) are satisfied, the following “Returns Process” is followed: Orvis will issue to Dealer a return code with regard to the defective Goods. No goods shall Following its receipt of the return code, Dealer arranges for the Goods to be returned to Hallite without Orvis’ premises at Dealer’s expense and risk, labelled with the prior written consent return code and with a copy of Hallite and the assignment of a return goods authorization number by HalliteReturn Request. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite Orvis will not be responsible for accept any selection made by Purchaser and will Goods without such return code or if the returned Goods were not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereofidentified on the Return Request. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty (30) calendar days of After receipt of such goods; or (b) prior defective Goods at ORVIS’s premises and if the conditions set forth above are satisfied, Orvis will repay Dealer’s costs incurred in returning the defective Goods, and at Orvis’ option, either refund to Dealer the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, price paid by Dealer for the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite are hereby waived and forever barred. Purchaser agrees that any litigation defective Goods or arbitration relating deliver replacement Goods to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this AgreementDealer.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite Xxxxxx warrants only that such goods have been produced in accord accordance with Hallite’s Xxxxxx’x standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteXxxxxx, at its sole option and subject to the terms of this Section 8 paragraph 7 and Section 11paragraph 9, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite Xxxxxx without the prior written consent of Hallite Xxxxxx and the assignment of a return goods authorization number by HalliteXxxxxx. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite Xxxxxx due to Purchaser’s selection of non-compliant noncompliant or defective designs and materials. Such These associated costs are calculated based on on: (a) a fixed administrative charge to cover all handling, data entry and reporting activities resulting from the selection of noncompliant or defective products and (b) any additional costs incurred by Hallite Xxxxxx in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will Xxxxxx shall not be responsible for any other vendor selection made by Purchaser that relates to the goods or services provided by Xxxxxx to Purchaser hereunder and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE All remnants sold by Xxxxxx to Purchaser shall be “as is” and “with all faults” except as may be provided in writing by Xxxxxx to Purchaser with respect to each such shipment of remnants. (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) Xxxxxx shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s Xxxxxx’x written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite Xxxxxx has authority to bind Hallite Xxxxxx to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other productsproducts or systems, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite Xxxxxx are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteXxxxxx. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser Xxxxxxxxx has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser Xxxxxxxxx shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite Secant warrants only that such goods have been produced in accord with HalliteSecant’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteSecant, at its sole option and subject to the terms of this Section 8 paragraph 6 and Section 11paragraph 8, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite Secant without the prior written consent of Hallite Secant and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE Secant. (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) Secant shall have no obligation under the this warranty in this Section 8 if damage to the goods good occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goodsgood, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite Secant has authority to bind Hallite Secant to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within fifteen (a15) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorterreceipt. If no notice of claim is made within such inspection periodfifteen (15) days, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite Secant are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteSecant. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreementagreement.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite Xxxxxx warrants to Purchaser only that such goods have been produced in accord with Hallite’s Xxxxxx'x standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteXxxxxx, at its sole option and subject to the terms of this Section 8 section 7 and Section 11section 10, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite Xxxxxx without the prior written consent of Hallite Xxxxxx and the assignment of a return goods authorization number by HalliteXxxxxx. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite Xxxxxx due to Purchaser’s its selection of non-compliant noncompliant or defective designs and products, designs, or materials. Such These associated costs are calculated based on include: (a) an administrative charge to cover all handling, data entry, and reporting activities from the selection of noncompliant or defective products, designs, or materials; (b) any additional costs incurred by Hallite Xxxxxx in managing the non-compliant noncompliant or defective products, includingdesigns, or materials, including but not limited to, all reworks, investigations, investigations and other consequential costs; and (c) with respect to goods manufactured or delivered by the Xxxxxx Drives division of Xxxxxx, up to a thirty five percent (35%) return fee with a minimum restocking fee of $200 or the equivalent thereof in the currency used in the terms and conditions at the exchange rate listed in the Financial Times as of the date of receipt. Hallite will E-commerce purchases are exempt from a return fee as long as returned merchandise is in resaleable condition as determined by Xxxxxx. Xxxxxx reserves the right to alter the fixed administrative charges at any time without notice to Purchaser. Xxxxxx shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS Approved 2020-Feb-07 MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) Xxxxxx shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s 's failure to comply with Hallite’s written Xxxxxx'x storage procedures for the goods or the improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite Xxxxxx has authority to bind Hallite Xxxxxx to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within fifteen (a15) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorterreceipt. If no notice of claim is made within such inspection periodfifteen (15) days, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite Xxxxxx are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteXxxxxx. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreementcontract.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite MANDALS warrants only that such goods have been produced in accord with Hallite’s Mandals standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteMANDALS, at its sole option and subject to the terms of this Section 8 paragraph 6 and Section 11paragraph 8, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite MANDALS without the prior written consent of Hallite MANDALS and the assignment of a return goods authorization number by HalliteMANDALS. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite MANDALS due to Purchaser’s selection of non-compliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite MANDALS in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will MANDALS shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE . (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) MANDALS shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s Mandals written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite MANDALS has authority to bind Hallite MANDALS to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite MANDALS are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteMANDALS. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.. Australia

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite Xxxxxx warrants to Purchaser only that such goods have been produced in accord with Hallite’s Xxxxxx'x standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteXxxxxx, at its sole option and subject to the terms of this Section 8 section 7 and Section 11section 10, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite Xxxxxx without the prior written consent of Hallite Xxxxxx and the assignment of a return goods authorization number by HalliteXxxxxx. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite Xxxxxx due to Purchaser’s its selection of non-compliant noncompliant or defective designs and products, designs, or materials. Such These associated costs are calculated based on include: (a) an administrative charge to cover all handling, data entry, and reporting activities from the selection of noncompliant or defective products, designs, or materials; (b) any additional costs incurred by Hallite Xxxxxx in managing the non-compliant noncompliant or defective products, includingdesigns, or materials, including but not limited to, all reworks, investigations, investigations and other consequential costs; and (c) with respect to goods manufactured or delivered by the Xxxxxx Drives division of Xxxxxx, up to a thirty five percent (35%) return fee with a minimum restocking fee of $200 or the equivalent thereof in the currency used in the terms and conditions at the exchange rate listed in the Financial Times as of the date of receipt. Hallite will E-commerce purchases are exempt from a return fee as long as returned merchandise is in resaleable condition as determined by Xxxxxx. Xxxxxx reserves the right to alter the fixed administrative charges at any time without notice to Purchaser. Xxxxxx shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) Xxxxxx shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s 's failure to comply with Hallite’s written Xxxxxx'x storage procedures for the goods or the improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite Xxxxxx has authority to bind Hallite Xxxxxx to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within fifteen (a15) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorterreceipt. If no notice of claim is made within such inspection periodfifteen (15) days, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite Xxxxxx are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteXxxxxx. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreementcontract.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it 13.1 Any warranty claim in connection with the Goods or Services provided by the Supplier must be made by the Customer to the Supplier in writing to the address as follows: PO Box 5322, Xxxxx Xxxx, QLD 4127, Australia. The Customer is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord costs associated with Hallite’s standard practices as it pertains making the warranty claim. 13.2 In order to materials make a warranty claim during the warranty period, you must provide proof of purchase to the Supplier showing the date of purchase of the Goods and workmanshipServices, and no samples or prior a description of goods shall constitute an express warranty. If goods are non-conforming, Hallitethe Goods and Services and the price paid for the Goods and Services. 13.3 Where the warranty claim is accepted then the Supplier will, at its sole option and subject to the terms of this Section 8 and Section 11discretion, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace any defective Goods or part thereof with a new or remanufactured equivalent during the goodswarranty period at no charge to you for parts or labour, or resupply the Services. No goods You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the warranty claim and that the Supplier will have no further liability for a breach of the warranty in clause 12.1 or otherwise arising in respect of such Goods or Services. 13.4 The warranty shall be returned the sole and exclusive warranty granted by the Supplier and shall be the sole and exclusive remedy available to Hallite without you in addition to other rights and under a law in relation to the prior written consent Goods and Services to which this warranty relates. 13.5 All implied warranties including the warranties of Hallite merchantability and fitness for use are limited to the assignment warranty period. 13.6 The warranty does not apply to any appearance of the supplied Goods where the exterior of which has been damaged or defaced, scratched or tarnished, or which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. 13.7 If, after investigation, the Supplier determines that the Goods the subject of a return goods authorization number by Hallite. Purchaser is liable Warranty Claim are not defective then the Customer must reimburse the Supplier for all costs associated with incurred in processing and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing investigating the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite Warranty Claim. 13.8 The Supplier will not be responsible liable for any selection made by Purchaser and will not have any liability a breach of a Warranty in relation to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinGoods unless: (a) thirty (30) calendar The Customer gives written notice of the defect to the Supplier within 14 days of receipt the time when the Customer discovers or ought to have discovered the defect; and (b) The Supplier is given a reasonable opportunity after receiving the notice to examine the Goods, and the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of such goodsbusiness at the Customer’s cost for the examination to take place there. 13.9 The Supplier will not be liable for a breach of a Warranty in relation to Goods if: (a) The Customer makes any further use of the Goods after giving notice under condition 13.8(a); or (b) prior The defect arises because the Customer failed to follow the Supplier's instructions as to the installation storage or use of such goods into any the Goods or (if there are none) good trade practice; or (c) The Customer alters the Goods without the written consent of the Supplier. 13.10 Where the ACL applies the Customer may have the benefit of guarantees which cannot be excluded, however, to the extent permitted by law, all express or implied warranties, representations, guarantees, terms and conditions other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed irrevocably accepted by Purchaser and all claims against Hallite than those expressly contained in this Agreement are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by Hallite. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to excluded from this Agreement. 13.11 If the Customer acquires Goods from the Supplier as a Consumer, the Supplier’s Goods come with guarantees that cannot be excluded under the ACL. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if Goods fail to be of acceptable quality and the failure does not amount to a major failure. 13.12 If the Customer acquires Services from the Supplier as a Consumer, the Supplier’s Services come with guarantees that cannot be excluded under the ACL. For major failures with the Service, the Customer is entitled: (a) to cancel the Customer’s service contract with the Supplier; and (b) to a refund for the unused portion, or to compensation for its reduced value. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure the Customer is entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel the Customer’s contract and obtain a refund for the unused portion of the contract. 13.13 If the Customer acquires Goods and Services from the Supplier as a Consumer, the Supplier’s Goods and Services come with guarantees that cannot be excluded under the ACL. For major failures with the service, the Customer is entitled: (a) to cancel the Customer’s service contract with the Supplier; and (b) to a refund for the unused portion, or to compensation for its reduced value. The Customer is also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service. 13.14 The inclusion of paragraphs 13.10 to 13.13 above: (a) Is not to be taken as indicating that a particular Supply is subject to the consumer guarantees in the ACL; and (b) Does not operate to qualify clause 10.3 to the extent that it applies.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite SanaVita Medical warrants only that such goods have been produced in accord with HalliteSanaVita Medical’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteSanaVita Medical, at its sole option and subject to the terms of this Section 8 paragraph 6 and Section 11paragraph 8, will either either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite SanaVita Medical without the prior written consent of Hallite SanaVita Medical and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE SanaVita Medical. (a) THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite SELLER. (b) SanaVita Medical shall have no obligation under the this warranty in this Section 8 if damage to the goods good occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goodsgood, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. . (c) No agent, employee, employee or representative of Hallite SanaVita Medical has authority to bind Hallite SanaVita Medical to any affirmation, representation, representation or warranty concerning the goods sold. . (d) Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within fifteen (a15) thirty (30) calendar days of receipt of such goods; or (b) prior to the installation of such goods into any other products, whichever period is shorterreceipt. If no notice of claim is made within such inspection periodfifteen (15) days, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite SanaVita Medical are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteSanaVita Medical. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreementagreement.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within (a) thirty Subject to and as from the Completion, and further subject to this Clause 7 (30including PEDCO’s compliance with Clauses 7.3 to 7.5), the Warrantors jointly and severally covenant to pay on demand PEDCO an amount equal to any damages, deficiencies, losses costs, liabilities and expenses (“Losses”) calendar days suffered by PEDCO, resulting directly from or arising in connection with any claims for breach of receipt any of such goods; orthe Company Warranties (a “Company Warranty Claim”) brought prior to the relevant Warranty Expiration Date. (b) Subject to and as from Completion and except as otherwise set out herein, PEDCO covenants to pay on demand to each of the Warrantors an amount equal to any Losses, suffered by the respective Warrantor, resulting directly from or arising in connection with any claims for breach of any of the PEDCO Warranties (a “PEDCO Warranty Claim”) brought prior to the installation relevant Warranty Expiration Date. (c) Subject to and as from Completion and except as otherwise set out herein, Sixth Energy covenants to pay on demand to PEDCO an amount equal to any Losses, suffered by PEDCO, as the case may be, resulting directly from or arising in connection with any claims for breach of any of the Sixth Energy Warranties (a “Sixth Energy Warranty Claim”) brought prior to the relevant Warranty Expiration Date. (d) The Warrantors shall not be liable for any Losses in respect of a Company Warranty Claim to the extent that the aggregate amount of any Losses in respect of any breach of the Company Warranties (i) until the aggregate amount of Losses exceeds an amount equivalent to United States Dollars Two Million (US$2,000,000) (provided that once the Losses exceed such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection periodamount, the goods Warrantors shall be deemed irrevocably accepted by Purchaser responsible for all Losses incurred from the first dollar); and all claims against Hallite are hereby waived and forever barred. Purchaser agrees (ii) to the extent that any litigation or arbitration relating to any claim must be commenced within one the aggregate amount of Losses in respect of (1) year after date any breach of shipment the Company Warranties (other than the Fundamental Warranties) will not exceed 35% of the actual portion of the full Subscription Price received by Hallite. Purchaser hereby expressly assumes all liability the Company; and (2) any breach of the Fundamental Warranties will not exceed 100% of the actual portion of the full Subscription Price received by the Company. (e) PEDCO shall not be liable for any Losses in respect of a PEDCO Warranty Claim to the extent that the aggregate amount of any Losses in respect of any breach of the PEDCO Warranties (a) until the aggregate amount of Losses exceeds an amount equivalent to United States Dollars Two Hundred Thousand US$200,000) (provided that once the Losses exceed such amount, PEDCO shall be responsible for all damage Losses incurred from the first dollar); and injury occurring before and after said time periods if notice is (b) to the extent that the aggregate amount of Losses in respect of any breach of the PEDCO Warranties will not made pursuant to this Agreementexceed United States Dollars Two Million US$2,000,000.

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite AIP warrants only that such goods have been produced in accord with HalliteAIP’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteAIP, at its sole option and subject to the terms of this Section 8 paragraph 7 and Section 11paragraph 9, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite AIP without the prior written consent of Hallite AIP and the assignment of a return goods authorization number by HalliteAIP. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite AIP due to Purchaser’s selection of non-compliant noncompliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite AIP in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will AIP shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIESSELLER. Hallite AIP shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with HalliteAIP’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, employee or representative of Hallite AIP has authority to bind Hallite AIP to any affirmation, representation, representation or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made within within (ai) thirty (30) calendar days of receipt of such goods; or or (bii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods shall be deemed are irrevocably accepted by Purchaser and all claims against Hallite AIP are hereby waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by HalliteAIP. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.