Common use of Warranty Clause in Contracts

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingBuyer, this warranty extends for a period of one year from after the date of original purchaseshipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. All warranties apply only to If, after Seller receives written notice, within the original Purchaser unless otherwise agreed by Seller period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in writing. its sole discretion, determines that such claim is valid, Seller's ’s entire liability and sole obligation and Purchaser’s the exclusive remedy for any justified claim under this warranty shall be limited to one breach of the followingforegoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s sole discretion: (a) option, either repair or replacement of the Product or (b) a credit such goods, and Seller will be responsible for the price paid by cost of shipping the original Purchaser parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the Productwarranty remaining on the goods which were repaired or replaced. This express warranty does Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A obligations do not apply tocover defects or losses caused by normal wear and tear or deterioration, and no warranty remedy will be given for, Product issues defects in or damage to any goods resulting from: (a) accident, acts of nature, from improper installation, improper assemblyaccident or any utilization, unreasonable or improper use, lack of proper maintenance, unauthorized repairs repair or modificationsmodification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, normal wear mishandling, misuse or tear of replaceable parts such as spouts and hosesneglect or any damage caused by connections, interfacing or other causes use in unforeseen or unintended environments. Seller does not directly arising from defects in materials or workmanship; (b) any Product damaged by warrant that the failure operation of the owner goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements or that the goods will operate in combination with other products selected by Buyer’s customer for its use. Seller assumes no liability for equipment or services furnished by Buyer or its customer nor does this warranty cover any copy of or update to use, maintain, or store any user manual for the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTgoods.

Warranty. Seller Licensor warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by Warranty Period (i) that if the original Purchaser of Licensed Software is supplied via media, then the Product. This express warranty does not apply to, and no warranty remedy media will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising free from defects in materials or workmanshipworkmanship under normal use and (ii) that the copy of the Licensed Software delivered to Licensee conforms in all material respects to the Documentation. As the sole and exclusive remedy for not meeting part (i) of the above warranty, Licensor’s sole obligation shall be to repair or replace free of charge any defective media on which the Licensed Software is delivered if the media is returned to Licensor by Licensee during the Warranty Period. As the sole and exclusive remedy for not meeting part (ii) of the above warranty, Licensor shall repair or replace the Licensed Software free of charge so that it conforms with the warranty or, if Licensor reasonably determines that such remedy is not economically or technically feasible, Licensee shall be entitled to a full refund of the license fee and any maintenance fee paid by Licensee with respect to that particular Licensed Software. Upon such refund Licensee’s license to use such Licensed Software will terminate. The warranty set forth in this Section 7 shall not apply if the defect in the Licensed Software is the result of: (a) the Licensed Software not being used in accordance with the Documentation, this License Agreement or with the platform(s) for which the Licensed Software has been designed and licensed by Licensor; or (b) the Licensed Software having been altered, modified or converted by Licensee or any Product damaged third party except as may be specified in the Documentation; or (c) the malfunctioning of Licensee’s equipment; or (d) accident or abuse; or (e) service by any unauthorized person; or (f) other software used by Licensee which has not been provided by Licensor or for which the failure Licensed Software is not designed and licensed for operation; or (g) Third Party Software (as defined herein); or (h) any other cause occurring after initial delivery of the owner media to useLicensee unless caused directly by Licensor. The foregoing states the complete and entire remedies that Licensee has under this warranty. Licensor shall have no responsibility for any warranty claims made outside of the Warranty Period. The foregoing warranty shall not apply to any free-of-charge Licensed Software including updates, maintain, or store the Product as specified in any though issues with such software may be eligible for support under applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTsupport terms and conditions.

Warranty. Seller Supplier warrants that it possesses the expertise and all of the necessary resources with respect to warehousing, order taking, procurement, transportation, accounting/payment, logistical support, personnel, and facilities required to provide the level of service as agreed under this Contract. Further, Supplier covenants and warrants that the Products sold services and activities as set forth in this Contract will be performed by Seller trained and qualified personnel and in a professional and workmanlike manner. Supplier will use commercially reasonable efforts to Purchaser obtain representations and warranties from manufacturers that the products conform to Seller’s certain product specifications and are free comply with applicable law. By accepting a purchase order as set forth herein Supplier warrants and represents that it requires manufacturers from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from whom it purchases products to guarantee that all merchandise comprising each shipment or other delivery made to or on the date order of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretionUS Foods will be: (a) repair not adulterated or replacement misbranded within the meaning of the Product Federal Food Drug and Cosmetic Act the Food Additives Amendment and all other revisions and amendments thereto (the “FDA Act”) all regulations issued under the FDA Act and any other applicable federal state or local laws rules or regulations; and (b) a credit for not an article of food drug device or cosmetic which may not under the price paid by the original Purchaser provisions of Sections 404 or 505 of the ProductFDA Act be introduced into interstate commerce. This express Any manufacturer’s warranty does not apply to, and no warranty remedy on non-food equipment or products furnished by Supplier will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by passed on to the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerParticipating Entity. THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION CONSTITUTE THE ONLY REPRESENTATIONS AND WARRANTIES MADE BY ANY PARTY WITH RESPECT TO OR ARISING IN CONNECTION WITH THIS CONTRACT OR THE PRODUCTS. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS SECTION, SELLER MAKES NO WARRANTY WHATSOEVER, EACH PARTY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES (WHETHER ARISING BY OPERATION OF LAW OR IMPLIED, OTHERWISE) INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. Except with respect to Software and unreleased parts, which includes prototypes, pre-release and sample parts, Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of twelve (12) months from the date of original purchaseshipment (the “Warranty Period”) that the Products will operate in conformity with written performance specifications set forth on Seller’s most recently published product data sheet for the production version Product (the “Specifications”); provided, however, that this warranty shall not apply to any Product (i) which has been damaged, abused or misused physically or electrically (including, without limitation, by being operated outside the range of any environmental, power or operating parameters indicated on Seller’s data sheet), (ii) on which the trademark shall have been defaced or obliterated or (iii) which has been reworked or repaired by any party other than the Seller without Seller’s prior written authorization. All warranties apply only to the original Purchaser unless otherwise agreed by Seller Buyer shall request, in writing, a return material authorization (“RMA”) within the warranty period prior to returning any nonconforming Products. Seller's sole obligation and Purchaser’s exclusive remedy for any justified Any claim under this warranty shall must be limited submitted to one and received by Seller within the Warranty Period. Seller’s issuance of an RMA will not commit Seller to the making of any repair or replacement hereunder. Requests for RMAs must list the types and quantities of all Products involved, the reason(s) the specific Product units are alleged to be defective or otherwise non-conforming, and provide any other information reasonably required by Seller concerning operating conditions involved and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the followingProducts involved must also be identified on the RMA request. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping costs will be credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing, inspection, labor charges or other incidental costs in connection with any Products returned. Unless otherwise requested by Xxxxx, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, Xxxxxx’s determination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller’s option, of a replacement or repair of the defective or nonconforming Product. In the event Seller determines that it is uneconomical to replace or repair warranted Products, Seller may, at its sole discretion: option, remit the dollar equivalent based upon the original Product sales price and said remittance will be calculated by applying the pro rata percentage of the unexpired warranty to the original Product sales price. In the event of replacement pursuant to the foregoing warranty, such warranty shall apply to the replaced product. In the event of repair pursuant to the foregoing warranty, the validity of the foregoing warranty will be twelve (a12) repair or replacement months from the date of shipment of the repaired Product less the period of time between the date of original shipment and the date on which Seller received return of the Product for repair. Seller’s sole obligation and liability for non-conforming Products shall be, at its expense and at its sole option, to repair or (b) a credit for replace them or to accept their return and refund You the applicable purchase price to the extent paid by the original Purchaser of the ProductYou. This express warranty does not apply toTHIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERORAL, EXPRESS OR IMPLIEDIMPLIED (INCLUDING, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES PURPOSE) AND SHALL BE LIMITED IN DURATION TO EXPRESSLY FOR THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE BENEFIT OF THE PRODUCTBUYER WITH NO TRANSFER RIGHTS OR BENEFIT TO ANY THIRD PARTY. THE FOREGOING CONSTITUTES BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY FOR BREACH OF WARRANTY. NOTWITHSTANDING THE FOREGOING OR ANY OTHER STATEMENT IN THESE TERMS, ANY AND ALL PARTS THAT ARE SHIPPED AS SAMPLES, PROTOTYPES OR IN PRE-PRODUCTION OR PRE-RELEASE FORM, WHETHER DESIGNATED AS SUCH BY SELLER IN AN ACKNOWLEDGMENT, INVOICE, SHIPPING DOCUMENT OR OTHER WRITING ISSUED BY SELLER AS “PRE-PRODUCTION RELEASE PARTS”, “PRE-PROD”, “SAMPLE”, “PPR” OR BY OTHER SIMILAR NOTATION IN THEIR PART NUMBER OR OTHERWISE, OR THAT OTHERWISE HAVE NOT YET BEEN RELEASED BY SELLER FOR GENERAL AVAILABILITY, MAY CONTAIN DEFECTS AND ARE PROVIDED “AS-IS, WITH ALL FAULTS” AND WITHOUT A WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Seller reserves the right to change the part number for any pre- production release part to the applicable corresponding production released part number at any time and will notify Buyer of any such change.

Warranty. Seller MKS warrants that the Products sold by Seller all Items delivered to Purchaser conform to Seller’s specifications and are Applied will be free from defects in material workmanship, material, and workmanshipmanufacture; will comply with the requirements of this Agreement, and, where design is MKS' responsibility, will be free from defects in design. Unless All services will be performed in a competent, professional and workmanlike manner, free from defects and in accordance with best professional practices or the like. MKS FURTHER WARRANTS ALL ITEMS PURCHASED OR REPAIRED WILL BE OF MERCHANTABLE QUALITY AND WILL BE FIT AND SUITABLE FOR THE PURPOSE INTENDED BY APPLIED. THESE WARRANTIES ARE IN ADDITION TO ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND WILL SURVIVE ANY DELIVERY, INSPECTION, ACCEPTANCE, OR PAYMENT BY APPLIED. If any Items delivered by MKS do not meet the warranties specified herein or otherwise specified applicable, Applied may, at its option: (i) require MKS to correct at no cost to Applied any defective or non-conforming Items by Seller repair or replacement, or (ii) return such defective or non-conforming Item at MKS' expense to MKS and recover from MKS the order price thereof, or (iii) correct the defective or non-conforming Item itself or through a mutually approved third party and charge MKS with the cost of such correction (iv) cancel the balance of the undelivered non-conforming Item and/or this CSA in writingaccordance with Section 25, this warranty extends Termination for one year from Default, of Applied's standard Terms and Conditions of Purchase. Confidential Materials omitted and filed separately with the date of original purchaseSecurities and Exchange Commission. Asterisks denote omissions. All warranties apply only will run to Applied and to its customers. Applied's approval of MKS' material or design will not relieve MKS of the original Purchaser warranties established in this agreement. In addition, if Applied waives any drawing or specification requirement for one or more of thE goods, it will not constitute a waiver of all requirements for the remaining goods to be delivered unless otherwise agreed stated by Seller Applied in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Purchaser hereby acknowledges and affirms that, except for the warranties of title to be included in Seller's instruments of conveyance to the Unit, Seller warrants does not and shall not, by the execution and delivery of this Agreement or any instrument executed and delivered in connection with the Closing, make any warranty, express or implied, of any kind or any nature whatsoever, with respect to the Unit, and all such warranties are hereby disclaimed. Notwithstanding, Seller and Purchaser agree that Seller will transfer and assign any warranty it may receive from contractor, including the Products sold by Seller following: 1. A contractor’s warranty which shall be limited to Purchaser conform to Seller’s specifications and are free from defects in material workmanship and workmanship. Unless otherwise specified home performance within the scope of work performed by Seller in writing, this warranty extends for contractor and which arise and become known within one (1) year from the date of original purchasehereof. All warranties apply only to the original Purchaser said defects arising after one (1) year are not warranted by contractor. Any other warranty or warranties, whether express or implied, are disclaimed by contractor and waived by Purchaser, unless otherwise agreed prohibited by Seller in writinglaw. 2. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductCONTRACTOR LIMITS IT’S OBLIGATIONS UNDER THE REFERENCED WARRANTIES TO REPAIR AND REPLACEMENT. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSUCH WARRANTIES ARE THE ONLY WARRANTIES APPLICABLE TO THIS PURCHASE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF HABITABILITY, MERCHANTABILITY, WORKMANLIKE CONSTRUCTION OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, UNLESS REQUIRED BY LAW OR AGAINST INFRINGEMENTPROVIDED DIRECTLY TO YOU BY THE MANUFACTURER. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER UNDERSTANDS AND AGREES THAT SUCH WARRANTIES SHALL BE SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY OR OTHERWISE IS LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREFERENCED WARRANTIES. 3. With respect to all personal property and equipment installed on the property, contractor, neither being the manufacturer, nor a dealer in such personal property and equipment, makes no warranty, express or implied, to Purchaser as to fitness, merchantability, design, performance or any other aspect of the personal property or equipment or its material or workmanship. With respect to such personal property and equipment, Seller hereby agrees to direct the contractor to assign to Purchaser all manufacturers’ and/or suppliers’ warranties with respect to the same and Purchaser agrees to look solely to such manufacturer and/or supplier for warranty claims on such products

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and The Goods furnished are substantially free from material defects of workmanship and materials. Services shall be performed in material accordance with recognized industry practice prevailing at the time for the provision of similar services in the location in which such Services are being performed. Purchaser’s sole remedy for any non- conformance with the foregoing warranty will be the repair or replacement of such Goods found to be defective under normal use and workmanship. Unless otherwise specified by Seller service within thirty (30) days from date of shipment to the Delivery Point, or in writingthe case of Services, this warranty extends for one year thirty (30) days from the date of original purchasecompletion, provided Strad is promptly notified in writing upon discovery of such non-conformance. All warranties apply only Goods shall not be returned to Strad or modified without Strad’s written consent. Strad is not responsible for damages caused by improper installation or maintenance, overloading, accident, neglect or harmful alterations or repairs made by others; nor shall Strad be liable for costs of any kind associated with gaining access to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Goods for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or removal and replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productany person. This express warranty does not apply toCORRECTION OF ANY NON-CONFORMITY IN THE MANNER AND FOR THE PERIOD OF TIME ABOVE SHALL CONSTITUTE COMPLETE FULFILLMENT OF ALL THE LIABILITIES OF STRAD WHETHER THE CLAIMS OF PURCHASER ARE BASED IN CONTRACT, and no warranty remedy will be given forINCLUDING FUNDAMENTAL BREACH, Product issues resulting from: (a) accidentIN TORT, acts of natureINCLUDING NEGLIGENCE, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSTATUTE OR OTHERWISE WITH RESPECT TO OR ARISING OUT OF THE WORK PERFORMED HEREUNDER. EXCEPT FOR TO THE LIMITED WARRANTY EXTENT EXPRESSLY SET FORTH ABOVEHEREIN, SELLER STRAD MAKES NO WARRANTY WHATSOEVERNO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS, GUARANTEES AND/OR ASSURANCES, WHETHER EXPRESS OR IMPLIED, RELATING TO OR ARISING OUT OF THE GOODS AND/OR THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS AND/OR GUARANTEES AS TO MERCHANTABILITY, MERCHANTABLE QUALITY, NON- INFRINGEMENT OF MERCHANTABILITYTHIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR AGAINST INFRINGEMENTOTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OR TRADE. PURCHASER’S SOLE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY, FOR ANY OTHER LIABILITY UNDER THIS AGREEMENT, OR FOR ANY WARRANTY THAT CANNOT BE EXCLUDED OR DISCLAIMED AS PROVIDED IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDANY APPLICABLE LAW, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED AS PROVIDED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTTHIS SECTION.

Warranty. Seller SELLER warrants that the Products sold Goods manufactured by Seller to Purchaser conform to Seller’s specifications and are it and/or services provided by it will be free from defects defect in workmanship, material and workmanship. Unless otherwise specified by Seller in writingmanufacture; provided, however, that this warranty extends for shall terminate on the date one (1) year from the date of original purchaseshipment. All warranties apply only In the event any service supplied or product sold hereunder manufactured by the SELLER is defective due to workmanship or material, the original Purchaser unless otherwise agreed by Seller SELLER agrees for a period of one (1) year from the date of shipment, at its option, to correct such non-conformity or replace such defective part or product. The agreement, however, is upon condition that the BUYER promptly notifies the SELLER in writingwriting of any claim in this respect, setting forth in detail any such claimed defect and that the SELLER be afforded a reasonable opportunity to examine the product and to investigate the claimed defect. Seller's sole obligation and Purchaser’s exclusive remedy This warranty does not obligate the SELLER to bear any transportation charges in connection with the replacement or repair of defective products. Notwithstanding the foregoing, the SELLER shall be, in no event, liable for any justified claim under this warranty shall be limited to one damages, whether based in contract or negligence, beyond the lower of the following, at Seller’s sole discretion: (a) repair cost of correcting the non-conformity as herein provided or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductBUYER for such defective product and shall not be liable for any incidental or consequential damage whatsoever. This express SELLER's warranty does not apply toto any product which has been subjected to misuse, and no warranty remedy will be given formishandling, Product issues resulting from: misapplication, abuse neglect (a) including but not limited to improper maintenance), accident, acts improper installation or storage, modification (including but not limited to use of natureunauthorized parts or attachments), improper or adjustment or repair performed by anyone other than SELLER or one of SELLER's authorized agents. This warranty does not cover reimbursement for labor, gaining access, removal, installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosestemporary power, or any other causes expenses, which may be incurred in connection with repair or replacement. Goods which may be sold by SELLER but which are not directly arising from defects in materials or workmanship; (b) any Product damaged manufactured by SELLER are not warranted by SELLER, but are sold only with the failure warranties, if any, of the owner manufacturers thereof. SELLER does not warrant any products or services of others that BUYER has designated. The liability of the SELLER shall not exceed any adjustments with respect to usewhich such manufacturer accepts responsibility. No affirmation, maintainmodification, or store addition to this agreement with respect to warranty of the Product as specified SELLER, either before or after contract of sale, shall be made except in any applicable instructions and/or warnings provided writing by Seller or an authorized representative of the manufacturerSELLER. EXCEPT FOR THE LIMITED FOREGOING WARRANTY SET FORTH ABOVEIS IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY WARRANTY OF MERCHANTABILITYPURPOSE NOT EXPRESSLY SET FORTH HEREIN. BY ACCEPTANCE HEREOF, THE BUYER AGREES THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES BY THE SELLER OR BY ANY MANUFACTURER AS TO THE FITNESS FOR A PARTICULAR PURPOSE USE, MERCHANTABILITY, CAPACITY, OR AGAINST INFRINGEMENTEFFICIENCY OF ANY PRODUCT SOLD OTHER THAN EXPRESSLY SET FORTH HEREIN, AND THAT THERE ARE NO ORAL OR IMPLIED ADDITIONAL WARRANTIES MADE IN CONNECTION WITH ANY SALE BASED HEREON. CORRECTION OF NON¬CONFORMITIES IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDMANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE SELLER'S SOLE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE WHETHER CLAIMS OF THE PRODUCTBUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. For the avoidance of doubt, the warranties and remedies set forth herein are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of SELLER and (b) BUYER promptly notifying SELLER of any defects and, if required, promptly making the product available for correction.

Warranty. For a period of one year from the date of shipment, and provided payments for the Products have been made by Buyer to Seller, Seller warrants to Buyer that the Products sold by Seller to Purchaser its Products: (i) substantially conform to Seller’s published specifications and (ii) are free from defects in material and or workmanship. Unless otherwise specified Specific products may have a warranty period greater than one year. See xxx.xxxxxxx.xxx/xxxxx for those Products where extended warranties may apply (document 100-003). Any Services provided by Seller are warranted to be performed in writinga good and workmanlike manner. If a warranted Product or any Services fail to conform to these warranties, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Buyer must promptly notify Seller in writing. Seller's sole obligation Seller will, at its discretion and Purchaser’s exclusive remedy for at no charge to the Buyer: (i) repair the Product or Services; (ii) replace the Product or any justified claim under this warranty shall be limited to one Services; or (iii) offer a full refund of that portion of the following, at Seller’s sole discretion: (a) purchase price allocable to the non-conforming Product or Services. Warranty repair or replacement by Seller will not extend or renew the applicable warranty period. Buyer will obtain Seller's agreement on the specifications of any tests it plans to conduct to determine whether a Product non-conformance exists. Buyer will bear the Product costs of access for Seller's remedial warranty efforts (including removal and replacement of systems, structures or (b) a credit for the price paid by the original Purchaser other parts of the Product. This express warranty does not apply toBuyer's facility), and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper de-installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts decontamination and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerre- installation. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SELLER DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE PROVIDED WILL BE UNINTERRUPTED OR AGAINST INFRINGEMENTERROR OR BUG-FREE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThis warranty allocates the risks of Product failure between Seller and Buyer. This allocation is recognized by both parties and is reflected in the price of the Products. Xxxxx acknowledges that it has read this Contract, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTunderstands it, and agrees to and is bound by its terms.

Warranty. Seller warrants The sole warranty given by Puregraft regarding any Product shall be that written limited warranty provided in Schedule 3.1, as it may from time to time be amended by mutual written consent of Distributor and Puregraft (the “Warranty”). Distributor agrees to provide to its Customers within the Territory a written warranty for each particular Product on terms at least as favorable to Customers as that supplied by Puregraft for such Product. Excepting cases of gross negligence, or willful misconduct by Puregraft, in no event shall Puregraft’s total liability for any claim or action in connection with a Product exceed the purchase price of the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date out of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified which such claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureraction arose. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY SO WARRANTED, SELLER MAKES NO WARRANTY WHATSOEVERPUREGRAFT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR EXPRESS, STATUTORY AND IMPLIED, INCLUDING APPLICABLE TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, DESIGN, AND/OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE WRITTEN LIMITED WARRANTY, IF ANY, APPLICABLE TO ANY PARTICULAR PRODUCT SHALL STATE THE FULL EXTENT OF PUREGRAFT’S LIABILITY, WHETHER DIRECT OR AGAINST INFRINGEMENTINDIRECT, SPECIAL OR CONSEQUENTIAL, RESULTING FROM ANY BREACH OF SUCH WARRANTY. IN PUREGRAFT FURTHER DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES APPLICABLE TO THE EVENT PRODUCTS WHICH ARE NOT MANUFACTURED BY PUREGRAFT, OR BY A LICENSEE OR SUBLICENSEE OF PUREGRAFT. THE ONLY WARRANTIES EXIST AT LAW THAT MAY APPLICABLE TO PRODUCTS NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES MANUFACTURED BY PUREGRAFT OR BY A LICENSEE OR SUBLICENSEE THEREOF SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE WARRANTIES, IF ANY, OF THE PRODUCTMANUFACTURERS OF THOSE ITEMS.

Warranty. The warranty described below applies only to new or unused goods or goods reconditioned by W & O Supply Inc. (Seller). THE SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY FOR USED GOODS OR GOODS SOLD AS IS. For a period of one (1) year after date of purchase of any of the goods described herein, Seller warrants that such goods shall remain free from failure due to defects in workmanship and materials incorporated therein by or for Seller provided such failure shall not have been caused or contributed to by improper usage, service or application, improper installation or maintenance, repairs, alterations, or modifications effected by or for the Products sold by user, misuse, negligence or accident. In the event of failure for which Seller to Purchaser conform has assumed warranty obligations hereunder, and provided written notification of such failure shall be immediately given to Seller’s specifications and are free from defects in material and workmanship, it agrees to repair, or at its option, to replace the goods sold at its sole expense. Unless otherwise specified by Seller in writing, this warranty extends for one year Apart from the date of original purchase. All warranties apply only to the original Purchaser warranty and undertaking above set forth, or unless otherwise agreed specifically consented to in writing by Seller, Seller shall have no obligation or liability for losses, expense or damages, direct or consequential, suffered or incurred as a result of any failure of, or defect in, the goods described herein, including but not limited to, such costs, expenses or damages as may result from the necessity to remove, replace restore or transport the goods from any location or service in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall which they may be limited to one used, regardless of the following, at Seller’s sole discretion: (a) repair cause of such failure or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productdefect. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTHIS WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF THE GOODS AND IS THE ONLY WARRANTY MADE BY SELLER IN CONNECTION THEREWITH. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF ANY WARRANTY OF KIND GIVEN WITH RESPECT TO THE GOODS, THEIR MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSAGE, OR OTHERWISE, NOR IS ANY PERSON AUTHORIZED TO EXTEND ON BEHALF OF SELLER ANY FORM OF WARRANTY OTHER THAN THAT ABOVE SET FORTH. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThe goods described herein are not sold or distributed by Seller for personal, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTfamily or household purposes, nor are they normally suited for use as such.

Warranty. Seller 11.1 The Company warrants to Reseller only that the Products hardware and equipment with the exception of PrintStations and MicroScanners sold by Seller to Purchaser conform Reseller pursuant to Seller’s specifications and are this Agreement will be free of material defects for a period of * (*) days, unless specifically stated differently, from defects initial delivery. Should any defect in workmanship or material and workmanship. Unless otherwise specified by Seller in writingappear within * (*) days, this warranty extends for one year from the unless specifically stated differently, after initial date of original purchasedelivery, the Company will (upon written notification thereof, delivered during the warranty period, and substantiation by Reseller that the hardware and equipment have been stored, installed, maintained and operated in accordance with the Company's requirements and standard industry practice, and that the defect(s) have not arisen from unauthorized repair, modification, or improper connection by mechanical or electrical means to any other piece of equipment or device) correct such defect(s) by suitable repair or replacement at the Company's facilities, or at the place of business of the Company's designated local representative, or at Reseller's place of business, at the Company's option. The Company warrants to Reseller only that the PrintStations and MicroScanners sold to Reseller pursuant to this Agreement will be free of material defects for a period of * (*) days, unless specifically stated differently, from initial delivery. All warranties apply only returns to the original Purchaser unless otherwise Company or its representative must be pre-authorized in writing and shipped prepaid. The Company assumes no risk of loss or damage prior to acceptance of delivery. Return shipment will not be prepaid by the Company if inspection fails to disclose a warranted defect. It is agreed by Seller in writing. Sellerbetween the parties that the foregoing shall be Reseller's sole obligation and Purchaser’s exclusive remedy for any justified claim under warranted defects. The sole purpose of this warranty exclusive remedy shall be limited to one of the following, at Seller’s sole discretion: (a) provide Reseller with free repair or and replacement of the Product or (b) a credit for defective parts in the price paid by the original Purchaser of the Product. This express warranty does not apply tomanner provided herein, and no warranty remedy will the hardware and equipment shall not be given for, Product issues resulting from: deemed to have failed of its essential purpose so long as the Company is willing and able to repair or replace defective parts in the described manner. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF (aAND THE COMPANY DISCLAIMS) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTOTHER WARRANTY OF QUALITY OR PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDCorrection of non-conformities, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTin the manner and for the time period provided above, shall constitute fulfillment of all liabilities of the Company to Reseller with respect to, or arising out of, the goods or their use, whether based on contract, negligence, strict liability or otherwise. Reseller shall be fully responsible for any warranty claims, expressed or implied, brought by its End-Users, and shall hold the Company harmless with regard to same. * Confidential information has been omitted and filed separately with the Commission.

Warranty. Seller warrants for a period of one (1) year after date of receipt, that the Products sold products and items to be furnished hereunder shall conform in all respects to the specifications, drawings, and other data or advertising submitted to or received by Buyer, or with Seller’s samples, and that same shall be merchantable, of good material and workmanship, free from defects, and fit for the use intended by Buyer. Such warranties shall be in addition to any other warranties, given to Buyer and shall survive inspection test, acceptance and payment. Buyer may, at its option, either return for full credit or require prompt correction or replacement of defective or nonconforming products, items, or parts thereof, which right shall be in addition to such other legal or equitable rights possessed by Buyer, including without limitation, the right to recover damages from Seller in connection with any loss, including incidental and consequential losses. The return to Purchaser conform Seller of any defective or nonconforming products, items or parts shall be at Seller’s expense, and no replacements of defective or nonconforming products, items or parts shall be made unless specified or agreed to by Buyer. Items required to be corrected or replaced shall be subject to this warranty and to the clause above entitled “Specifications and Inspections” to the same extent as products or items originally delivered under this order. Upon written request by Buyer therefor, Seller shall provide properly executed releases of liens by, or satisfactory evidence of full payment to Seller’s specifications subcontractors, if any, and are free suppliers, and if Seller refuses or neglects to furnish such releases or other evidence of payment, then, and in any event, Buyer shall have the right to withhold from defects in material and workmanship. Unless sums otherwise specified due Seller amounts reasonably necessary to protect Buyer against loss due to actual or threatened claims by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingsuch subcontractors or suppliers and, at SellerBuyer’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tooption, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesto pay said sums, or other causes not directly arising from defects in materials a portion thereof, to such subcontractors or workmanship; (b) any Product damaged by the failure suppliers on behalf of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer and without any obligation to account to Seller therefor.

Warranty. 3.1 In the event a Part is sold in “as is” condition, no warranty is being granted. Otherwise, warranty terms shall be provided in the Quotation / Purchase Order. 3.2 Quality of serviceable Part shall be in full conformity with the technical conditions and regulations that are set forth in Original Manufacturer regulations. For all Part any assignable rights to warranty granted to Seller warrants that by its suppliers will be assigned to Buyer. Seller will support Buyer in pursuing such warranty claim. 3.3 Warranty claim is to be raised within 3 calendar days from the Products sold date when the defect is detected. Any Part returned for failure or warranty must be received at Seller’s facility within 7 days from the defect Warranty date. If warranty is denied, or no trouble is found with the returned Part, Xxxxx agrees to be responsible for any and all costs associated with such Part. 3.4 Expenses related to the warranted Part test, inspection and repair during the warranty term provided by Seller and assigned by Seller to Purchaser conform Buyer or End User of the Part, shall be on Seller. Upon expiry of warranty term, these expenses shall be borne by the Buyer and/or End User. All transportation costs and risk of loss of warranted Part shipped for correction of defects to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified the facility designated by Seller shall be borne by Buyer. 3.5 The warranty shall not be applicable in writingcase of improper use, this warranty extends for one year from the date of original purchase. All warranties apply only unqualified repairs or repairs in contradiction with repair instructions and operation and maintenance manuals, or in case warranted Part has been subject to the misuse, mishandling, negligence, accident, or ingestion of foreign material. The warranted Part must not be altered, repaired, or serviced since purchase by anyone other than Seller or manufacturer. 3.6 All original Purchaser unless otherwise agreed documentation supplied by Seller in writing. Seller's sole obligation to Buyer and Purchaseran engineer’s exclusive remedy report detailing the reason for any justified removal or failure, need to be returned with the warranted Part for warranty consideration. 3.7 In all cases Seller liability for warranty claim under this warranty shall be limited to one refund of Price for the following, at Seller’s sole discretion: (a) Part or repair or / replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTdefective.

Warranty. Seller warrants to the Buyer that goods supplied and work or services performed under this Order are (i) merchantable and fit for the Products sold by Seller to Purchaser conform to Seller’s specifications and are purpose intended; (ii) new; (iii) free from defects in material and workmanship; (v) free from defects in design if design is not provided by Buyer; (vi) manufactured in strict accordance with Buyer provided drawings, specifications, etc.; and (vii) free from liens or encumbrances on title (hereinafter “Warranty” or “Warranties”). Buyer or Buyer designee’s written approval of designs furnished by Seller shall not relieve Seller of its obligations under this Warranty. Notwithstanding any other provision, in addition to the foregoing, Seller shall be liable for Buyer’s and Buyer’s designee’s actual costs, expenses and damages related to or arising from Goods not conforming to the Warranty, including but not limited to labor and other costs related to transportation of Goods, expediting, removal, disassembly, failure analysis, fault isolation, assembly, reinstallation, re-inspection, retrofit, and any and all other such corrective action costs incurred by Buyer or Buyer’s designee. Unless otherwise specified by the Buyer, Seller’s Warranty shall extend indefinitely. Buyer and Buyer’s designee shall have the benefit of any other Warranty which may be applicable. In the event Buyer or Buyer’s designee discovers a breach of any of the Warranties specified herein with respect to any Goods thereof within the Warranty period, Buyer or its designee may, at its option: A. Return such Goods to Seller at Seller’s risk and expense, in writingwhich case Seller shall promptly deliver new Goods to Buyer or its designee, this warranty extends for one year from as Buyer shall direct; or Seller shall make the date of original purchase. All warranties apply only returned goods conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Buyer provided drawings, specifications, etc., and Purchaser’s exclusive remedy for any justified claim under this warranty return corrected goods back to the Buyer or its designee, as the Buyer shall be limited to one of the followingdirect, at Seller’s sole discretion: (a) risk and expense. B. Buyer may arrange for the repair or replacement of make the Product Goods otherwise conform to the Buyer provided drawings, specifications, etc., at Seller’s risk and expense in accordance with Seller’s timely instructions, or in accordance with Buyer’s or Buyer’s designee’s best judgment (bat Seller’s risk and expense) a credit for the price paid by the original Purchaser of the Product. This express warranty if Seller does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable provide such instructions or improper use, lack of proper maintenance, unauthorized make such repairs or modificationsprovide replacements within a reasonable time. In addition to the other remedies provided herein, abuse, normal wear Seller shall be liable for all damages to Buyer and Buyer’s designee incurred as a result of any defect or tear breach of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified warranty in any applicable instructions and/or warnings provided item covered by Seller this Order, including but not limited to costs of product recall or litigation related to the manufacturerGoods. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTSeller’s Warranties shall survive the termination of this Order and any contract resulting from the Order.

Warranty. Subject to the limitations in Section 18 herein, Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are Equipment shall be free from defects in material material, workmanship, and workmanshiptitle. Unless otherwise specified by Seller in writing, this warranty extends for one year If it appears within twelve (12) months from the date of original purchase. All warranties apply only initial Equipment startup or until eighteen (18) months after shipment, whichever occurs first, that the Equipment or any part thereof does not conform to the original Purchaser unless otherwise agreed this warranty, and Buyer so notifies Seller within a reasonable time after discovery, Seller shall thereupon promptly correct such nonconformity by Seller in writingrepair or replacement EXW Seller’s factory or service center. Seller's sole obligation and Purchaser’s exclusive Xxxxx's sole remedy under this warranty is repair or replacement at Seller's election. Seller's warranty obligation for Services shall be the earlier of either ninety (90) days from the date of initial startup or six (6) months after completion of the Service work. Seller shall not be responsible for any justified claim on-site costs, including removal and reinstallation of any warranted Equipment. Buyer agrees to provide Seller reasonable and clear access to its Equipment which may include removal of materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the Equipment being repaired or replaced. All Equipment repaired or replaced will be re-warranted only for the remainder of the original warranty period. THE EXPRESS WARRANTY SET FORTH HEREIN IS THE EXCLUSIVE WARRANTY OF SELLER, AND NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, SHALL APPLY. Seller is not responsible for repairs or alterations made by others without mutual written agreement between Seller and Xxxxx. Seller does not warrant the Equipment or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the Equipment in all material respects, and in accordance with Seller’s written recommendations. Replacement parts or repairs furnished under this warranty shall be limited subject to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit warranty provisions herein for the price paid by the remaining original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTperiod.

Warranty. Seller 8.1 AlgoSec warrants that at the Products sold time of delivery of the AlgoSec Solution or Software, Hosted Solutions and for ninety (90) days thereafter, the AlgoSec Solution or Software, as applicable, will perform in substantial accordance with the Documentation. If during such period, the AlgoSec Solution or Software does not perform as warranted and AlgoSec is notified of the purported failure to perform, AlgoSec including through an Authorized Reseller will, at its option, undertake to correct the AlgoSec Solution or Software, replace the AlgoSec Solution or Software free of charge or, if neither of the foregoing can be accomplished on a commercially reasonable basis, terminate this Agreement and refund to Customer the amount actually paid by Seller Customer for the AlgoSec Solution or Software, as applicable. The foregoing are Customer's sole and exclusive remedies for breach of warranty. The warranty set forth above is made to Purchaser conform to Seller’s specifications and are free from defects in material and workmanshipfor the benefit of Customer only. Unless otherwise specified by Seller in writing, this The warranty extends for one year from the date of original purchase. All warranties will apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretionif: (a) repair the AlgoSec Solution or replacement of Software, as applicable, have been properly installed and/or used in accordance with the Product or instructions for use; and (b) a credit for no alteration, modification or addition has been made to the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable AlgoSec Solution or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSoftware. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVE, SELLER ALGOSEC (INCLUDING THROUGH AN AUTHORIZED RESELLER IF APPLICABLE) MAKES NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE ALGOSEC SOLUTION OR SOFTWARE OR ANY MATERIALS OR SERVICES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. ALGOSEC (INCLUDING ANY WARRANTY THROUGH AN AUTHORIZED RESELLER IF APPLICABLE) SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ALGOSEC SOLUTION, OR AGAINST INFRINGEMENTSOFTWAREAND ANY OTHER MATERIALS AND SERVICES PROVIDED HEREUNDER. NO WARRANTIES GIVEN BY AN AUTHORIZED RESELLER SHALL BIND ALGOSEC. FURTHER, ALGOSEC SPECIFICALLY DISCLAIMS ANY WARRANTY IN CONNECTION WITH THE EVENT ACCURACY OF THE OUTPUT AND RECOMMENDATION PROVIDED TO YOU WHILE USING ALGOSEC’S SOLUTION OR THE SOFTWARE AND ANY ACTIONS BASED THEREUPON SHALL BE AT YOUR RISK. ALGOSEC DISCLAIMS ANY SUCH WARRANTIES EXIST AT LAW GIVEN BY AN AUTHORIZED RESELLER AND SHALL NOT BEAR ANY LIABILITY WITH RESPECT THEREOF. 8.2 CUSTOMER ACKNOWLEDGES THAT USE OF HOSTED SOLUTIONS THE ALGOSEC SOLUTION OR THE SOFTWARE MAY NOT BE DISCLAIMEDUNINTERRUPTED, PURCHASER AGREES WITHOUT DELAY OR ERROR FREE. WHILE ALGOSEC TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE HOSTED SOLUTIONS ALGOSEC SOLUTION OR THE SOFTWARE, ALGOSEC DOES NOT GUARANTEE THAT SUCH WARRANTIES THE HOSTED SOLUTIONS ALGOSEC SOLUTION OR THE SOFTWARE CANNOT BE COMPROMISED. ALGOSEC IS NOT LIABLE FOR ANY CONTENT USED WITH HOSTED SOLUTIONS THE ALGOSEC SOLUTION OR THE SOFTWARE, INCLUDING CUSTOMER DATA AND SHALL BE LIMITED IN DURATION LIABLE ONLY FOR DEPLOYMENT OF THE SERVICES SPECIFICALLY ACCORDING TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE TERMS OF THE PRODUCTTHIS AGREEMENT.

Warranty. Seller warrants that the Products sold by Seller SODERN undertakes to Purchaser conform to Seller’s specifications and are free remedy any defects resulting from defects in material and faulty design, materials or workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of 12 (twelve) months starting from the date of original purchaseDelivery, or until launch whichever occurs first. All warranties BUYER shall notify SODERN in writing without delay of any defects that have appeared and shall give to SODERN every opportunity of inspecting and remedying them by returning to SODERN the Equipment in which a defect covered by this clause has appeared. The delivery to BUYER of such Equipment properly repaired shall be deemed to be a fulfilment by SODERN of his obligations under this Agreement. Defective parts replaced in accordance with this clause shall be SODERN’s property. The period of warranty shall be extended by such period as the defective items were not available to BUYER. Are at SODERN’s expenses: • cost of transportation and return of the Equipment between BUYER and SODERN’s premises, • cost of parts, • cost of SODERN’s manpower (exclusive of personnel travel expenses in case of repair at BUYER's premises). SODERN's liability shall not apply only in case of: • defects caused by components, equipment or sub-assembly furnished by BUYER, • improper use, maintenance or storage of the Equipment, • alteration or repair carried out without SODERN's consent in writing, or carried out improperly, • normal wear, • defects which are induced by any anomaly occurred in an electronic or mechanical components following alert. The warranty applies to the original Purchaser unless otherwise agreed Equipment delivered by Seller SODERN and excludes any costs in writingrelation with the disassembly/re-assembly (including failure analysis, tests, etc) of SODERN's defective Equipment integrated in the higher BUYER equipment. Seller's sole obligation and PurchaserAny costs induced by defective components supplied by BUYER (such as failure analysis, tests, disassembly re-assembly) are excluded from the field of the warranty. The provisions herein represent SODERN’s entire liability in respects of defects in the Equipment after acceptance. The warranties provided under this provision are exclusive of any oral, written, express or implied warranty as well as any compensation, remedy for any justified or damages that the BUYER would claim under this warranty shall be limited to one of the following, Agreement or at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTlaw.

Warranty. Seller warrants to Buyer that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from on the date of original purchase. All warranties apply only shipment the Goods shall be in substantial conformity with the specifications therefore and free from material defects in workmanship or material subject to the condition that Seller receive notice of a claim hereunder of shipment of Goods within six (6) months on labor, one (1) years for Multipress manufactured Parts, (Purchased Component Parts have original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchasermanufacturer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productwarranty). This is the sole warranty of Seller and all other warranties whether express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs implied or modifications, abuse, normal wear written or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureroral are superseded hereby. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERWARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED AND EXPRESSLY DISCLAIMS ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY Seller’s warranty does not extend to defects or failures caused or aggravated by accident, misuse, abuse, alteration, improper transportation, rigging or improper installation of the Goods, and to Goods that have been repaired or altered by anyone other than seller. SELLER SHALL NOT BE DISCLAIMEDRESPONSIBLE FOR DAMAGES OF ANY KIND ARISING FROM THE CONTENT OR ADEQUACY OF ANY SPECIFICATIONS PROVIDED TO SELLER BY BUYER. BUYER ALONE SHALL BEAR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY AND ALL SPECIFICATIONS IT PROVIDES TO SELLER. Seller’s sole obligation with respect to matters subject to Seller’s warranty shall be, PURCHASER AGREES THAT SUCH WARRANTIES at the option of Seller, either (i) to repair or replace defective or non-conforming parts or materials; or (ii) to refund the purchase price for the defective or non-conforming Goods (less an allowance for wear and tear in use by Buyer) upon return of the Goods FOB Mt. Carmel, Illinois. Seller’s decision to provide one remedy shall not bar a later decision to provide another and different remedy. The Goods (or part thereof) subject to a claim hereunder shall be returned to Seller by Buyer FOB Seller’s plant unless destroyed by reason of the defect and Seller is satisfied Buyer’s claim is within the scope of Seller’s warranty. THE RIGHTS AND REMEDIES OF BUYER SET FORTH ABOVE SHALL BE LIMITED THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES FOR ANY CLAIM WHATSOEVER HEREUNDER AND ALL OTHER RIGHTS AND REMEDIES ARE EXPRESSLY WAIVED BY BUYER. SELLER SHALL IN DURATION NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH ANY CLAIM HEREUNDER NOTWITHSTANDING THE ABOVE. COMPONENT PARTS OR EQUIPMENT MANUFACTURED BY OTHERS ARE WARRANTED ONLY TO THE ONE YEAR WARRANTY PERIOD AND EXTENT AS WARRANTED TO THE REPLACEMENT VALUE OF THE PRODUCTSELLER BY SUCH MANUFACTURERS.

Warranty. Seller Landlord represents and warrants that as of the Products sold Possession Date, the Tenant Improvements will be in new condition and in good working order and in compliance with all Laws in effect at the time of filing for the building permits and the Final Approved Plans, and Landlord warrants labor and materials on all Tenant Improvements installed or constructed by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends Landlord for one year a period of two (2) years from the date Date of original purchase. All warranties apply only Substantial Completion (the “Construction Warranty”); provided, however, that the Construction Warranty will not be effective for any maintenance, repairs, or replacements necessitated due to the original Purchaser unless otherwise agreed by Seller in writingmisuse of Tenant or its subtenants, employees, agent, licensees, invitees, and guests, or damages caused by, the negligence or intentional misconduct of Tenant, its employees, contractors, agents, subtenants, licensees, invitees, or guests. Seller's sole obligation Landlord shall use commercially reasonable efforts to enforce all manufacturer’s materialman’s, vendor’s, and Purchasercontractor’s exclusive remedy for warranties on the Premises (regardless of the duration of the Construction Warranty hereunder). Landlord will pursue any justified claim under this valid warranty claims against its contractor beyond the two (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be limited treated as either additional Operating Costs or an offset to one Operating Costs under Section 5.03(a). Schedule C-1 Preliminary Plans THIS AGREEMENT is made as of the followingday of , at Seller’s sole discretion: 2020_ between BR HEALTH HOLDINGS, LLC (ahereinafter referred to as “Landlord”) repair or replacement of the Product or and CONSOLIDATED CITY OF INDIANAPOLIS, DEPARTMENT OF PARKS & RECREATION (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such hereinafter referred to as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT“Tenant”).

Warranty. Seller warrants 6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the Products sold by Seller warranty period of one (1) year because of defective workmanship or materials, except to Purchaser conform to Seller’s specifications and are free the extent the failure results from defects in material and workmanshipCustomer negligence, fire, lightning, water damage, or any other cause beyond the control of Honeywell. Unless otherwise specified by Seller in writing, this This warranty extends for one year from is effective as of the date of original purchaseCustomer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first, and shall terminate and expire one (1) year after such effective date. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's Honeywell’s sole obligation obligation, and PurchaserCustomer’s exclusive remedy for any justified claim sole remedy, under this warranty is repair or replacement, at Honeywell’s election, of the applicable defective products within the one (1) year warranty period. All products repaired or replaced, if any, are warranted only for the remaining and unexpired portion of the original one (1) year warranty period. 6.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, HONEYWELL MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES REGARDING HAZARDOUS SUBSTANCES OR MOLD. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY XXXXXXXXX'S AUTHORIZED REPRESENTATIVE. 6.3 Honeywell shall be have no duty, obligation or liability, all of which Customer expressly waives, for any damage or claim, whether known or unknown, including but not limited to one property damage, personal injury, loss of the followingincome, at Seller’s sole discretion: (a) repair or replacement emotional distress, death, loss of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack loss of proper maintenancevalue, unauthorized repairs adverse health effect or modificationsany special, abuseconsequential, normal wear punitive, exemplary or tear other damages, regardless of replaceable parts whether such as spouts and hosesdamages may be caused by or otherwise associated with defects in the Services, in whole or in part due to or arising from any investigation, testing, analysis, monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintainequipment and systems, or store the Product as specified personal injury, death or disease in any applicable instructions and/or warnings provided by Seller way associated with Hazardous Substances or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMold.

Warranty. Seller ALLEGRO warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one (1) year from the date of original purchaseshipment to PURCHASER that all such delivered products are free from material defects in workmanship and material and shall substantially conform to ALLEGRO’s product specifications therefor. All warranties apply A product shall be deemed to have defects only if the defect is verified by ALLEGRO. If any product does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation preceding product warranty, PURCHASER shall inform ALLEGRO within the one (1) year warranty period and Purchaser’s exclusive remedy return such non-conforming products for any justified claim under this warranty shall be limited to one of the following, correction or replacement (at SellerALLEGRO’s sole discretion: (a) ). ALLEGRO’s liability for such rejected products is limited solely to the cost of transportation expenses plus the responsibility of either repairing or replacing such non-conforming products or, if repair or replacement of is not possible, refunding the Product or (b) a credit purchase price, at ALLEGRO’s sole option, for the price paid by the original Purchaser of the Productsuch non- conforming products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided have been subject to misuse, neglect, or accident, or have been repaired or substantially altered by Seller or the manufacturera third party without ALLEGRO’s authorization. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVEIN THIS SECTION 2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVERAND ALLEGRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, ANY WARRANTY OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN THE PARTIES OR AGAINST INFRINGEMENTUSAGE OF TRADE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTThe remedies provided in this Section 2 are PURCHASER’s sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations.

Warranty. Seller ALLEGRO warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one (1) year from the date of original purchaseshipment to PURCHASER that all such delivered products are free from material defects in workmanship and material and shall substantially conform to ALLEGRO’s product specifications therefor. All warranties apply A product shall be deemed to have defects only if the defect is verified by ALLEGRO. If any product does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation preceding product warranty, PURCHASER shall inform ALLEGRO within the one (1) year warranty period and Purchaser’s exclusive remedy return such non- conforming products for any justified claim under this warranty shall be limited to one of the following, correction or replacement (at SellerALLEGRO’s sole discretion: (a) ). ALLEGRO's liability for such rejected products is limited solely to the cost of transportation expenses plus the responsibility of either repairing or replacing such non-conforming products or, if repair or replacement of is not possible, refunding the Product or (b) a credit purchase price, at ALLEGRO’s sole option, for the price paid by the original Purchaser of the Productsuch non-conforming products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided have been subject to misuse, neglect, or accident, or have been repaired or substantially altered by Seller or the manufacturera third party without ALLEGRO’s authorization. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVEIN THIS SECTION 2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVERAND ALLEGRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, SATISFACTORY QUALITY, ANY WARRANTY OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN THE PARTIES OR AGAINST INFRINGEMENTUSAGE OF TRADE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTThe remedies provided in this Section 2 are PURCHASER's sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations.

Warranty. Seller Tech Data may return any Product which it or any of it's Customer's finds to be defective in workmanship or material for credit in the amount of the Return Price of such Product. AT&T PARADYNE shall indemnify and hold Tech Data, its subsidiaries, harmless from and against all actions, claims, losses, damages, liabilities, awards, costs and expenses (including a reasonable attorney's fee) resulting from or arising out of any breach or claimed breach of the foregoing warranties. All transportation charges for Product so returned shall be borne by Tech Data. --------------------------- * Confidential Treatment Requested 7 AT&T PARADYNE hereby represents and warrants that the Products sold by Seller to Purchaser do and will conform to Seller’s specifications and are free from defects in material and workmanshipall codes, laws or regulations of any governmental agency. Unless otherwise specified by Seller in writing, this AT&T PARADYNE provides a warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of end users who purchase the Product. This express Such warranty does is included in the Product package. Such warranty is not apply toin lieu of Tech Data's rights within Section 4.1 above, and no shall not be considered to be AT&T PARADYNE's warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable to Tech Data or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTech Data's Retailers. EXCEPT FOR SUCH WARRANTIES TO THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVEREND USER ARE IN LIEU OF ALL OTHER WARRANTIES TO THE END USER, EXPRESS OR IMPLIED, EITHER IN FACT OR BY AN OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE OR INTENDED PURPOSE. AT&T PARADYNE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION OR USE OF ITS PRODUCTS, NOR MAKES ANY WARRANTY OF MERCHANTABILITY, FITNESS WHATSOEVER FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTANY NON-STANDARD PRODUCT ORDERED BY TECH DATA HEREUNDER. IN NO EVENT WILL AT&T PARADYNE HAVE ANY OBLIGATION OR LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, PROFIT OR BUSINESS) SUSTAINED BY TECH DATA OR THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION COST OR COVER ARISING FROM OR OTHERWISE RELATED TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS OR THIS AGREEMENT. The foregoing limitation shall not limit AT&T PARADYNE's obligation to defend and hold harmless Tech Data against certain third party claims as provided herein. In the event AT&T PARADYNE recalls any or all of the Products due to defects, revisions, or upgrades, Tech Data shall provide reasonable assistance in such recall; provided that, AT&T PARADYNE shall pay all of Tech Data's expenses in connection with such.

Warranty. Seller Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that the Products sold by Seller to Purchaser purchased under this Agreement conform to SellerVendor’s published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship. Unless otherwise specified by Seller , it must promptly notify Vendor in writing. Within a reasonable time after such notification, this warranty extends for one year from Vendor will correct any failure of the date of original purchase. All warranties apply only Product to conform to the original Purchaser warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by Seller the Parties in writing. Seller's sole obligation and Purchaser’s exclusive remedy a written addendum to this Agreement or expressly provided in the Specifications, shall extend for any justified claim under this warranty shall be limited to a period of one (1) year commencing on the date of shipment of the following, at Seller’s sole discretion: Product to Customer. This warranty does not extend to or cover (a) repair any product, components, or replacement of the Product parts not manufactured or sold by Vendor, (b) a credit damage caused by Customer’s use of any Product for purposes other than those for which it was designed as set forth in the price paid Specifications, (c) damage caused by the original Purchaser unauthorized attachments or modification, (d) any other abuse or misuse of the Product. This express warranty does not apply toProduct by Customer, its employees, representatives, contractors and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesagents, or other causes not directly arising from defects in materials or workmanship; (be) any Vendor Product damaged by where the failure of the owner to use, maintain, or store Customer receives the Product as specified in any applicable instructions and/or warnings provided from a person or entity that is not affiliated with or authorized by Seller or the manufacturerVendor. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT ALL SUCH OTHER WARRANTIES EXIST AT LAW THAT MAY NOT BE AND REPRESENTATIONS ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. The Seller warrants that the Products sold product manufactured by Seller it shall be free of defects in materials under its lifetime warranty (25 years). Should any failure to Purchaser conform to this warranty be reported to the Seller within the said period, upon prompt notification with proof of purchase and provided the product has been stored and installed in accordance with the Seller's specifications and instructions and good industry practice, the Seller shall replace EXW (Incoterms 2000) its factories or other designated location, product that fails to conform to this warranty. Such replacement shall be free of charge for all items except for those that are worn through normal use or replacement shall be subject to pro-rata charges based upon the Seller’s specifications estimate of the percentage of normal service realized a. With respect to accessory and are free from defects in material other vendor furnished apparatus included, the Seller shall be responsible for their proper selection and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only specification requirements to the original Purchaser unless otherwise agreed by Seller in writingsuppliers. Seller's sole obligation and Purchaser’s exclusive remedy Warranties for any justified claim under this warranty shall be such items are limited to one those extended to the Seller by the manufacturers. b. THIS WARRANTY IS EXPRESSLY MADE BY THE SELLER AND ACCEPTED BY THE PURCHASER IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED, OR STATUTORY. THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES WITH RESPECT TO ITS PRODUCT ON ITS BEHALF. c. This Warranty shall not apply to product which have been altered or repaired outside of the following, at Seller’s sole discretion: (a) repair authorized facility, or replacement of installed or manipulated other than in accordance with the Product Seller’s instructions, or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationssubjected to misuse, abuse, normal wear or tear of replaceable parts such as spouts and hosesneglect, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTaccident.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE XXXX OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 3. No employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Seller COMPANY represents and warrants to Representative that the Products, for a period of twelve (12) months, will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products sold by Seller are shipped from Representative to Purchaser conform its Customers. The foregoing warranty does not apply to Seller’s specifications any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are free from defects in material and workmanshipnot capable of being tested by COMPANY under its normal test conditions. Unless otherwise specified by Seller in writing, this warranty extends COMPANY’s obligation for one year from the date of original purchase. All warranties apply only Products failing to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under meet this warranty shall be limited to one refund the purchase price of the followingnonconforming Product, at Selleror to replace or repair the nonconforming Products, provided that Representative follows COMPANY’s sole discretion: (a) repair or RMA procedures. COMPANY shall bear the cost of freight and insurance for returned Products. The warranty on any replacement Product shall be the same as that of the Product original Products. Representative will have no right or (b) a credit for authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the price paid by the original Purchaser sale of the ProductProducts to its Customers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR AGAINST INFRINGEMENTLIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. IN THE EVENT WARRANTIES EXIST AT LAW ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES SHALL BE OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREMEDY.

Warranty. Seller warrants that the Products sold All new products manufactured by Seller to Purchaser conform to Seller’s specifications and are will be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for up to one (1) year from following the date of original purchaseshipment from Seller. All warranties apply only to THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY BY SELLER IN LIEU OF ALL OTHER WARRANTIES, AND SELLER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIMS AND EXCLUDES ANY WARRANTY OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND ANY OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF PERFORMANCE OR COURSE OF DEALING. During the original Purchaser unless otherwise agreed by Seller warranty period, upon satisfactory (determined in writing. Seller's ’s sole obligation and Purchaser’s exclusive remedy discretion) proof of a defect, the product may be returned for any justified claim under this warranty shall be limited to one of the followingrepair or replacement, at Seller’s sole discretion: (a) option. Any such repair or replacement shall constitute Buyer’s sole and exclusive remedy for breaches of warranty hereunder. Warranty repairs and replacements will be performed only by Seller or its authorized representative. Any unauthorized repair, alteration or replacement will void this product warranty. Any repair or replacement will be covered by this new product warranty for ninety (90) days from the date that such repaired or replaced product is shipped from Seller. This warranty is available to the Buyer as the original purchaser of the Product or (b) a credit for the price paid by the original Purchaser of the Productproduct and only if it has been installed, operated, and maintained in accordance with Seller’s standards. This express warranty does not apply to: a. Normal wear and tear; b. Damage caused by impact, and no warranty remedy will be given forfire, Product issues resulting from: (a) accidenttheft, attempted theft, accidental or malicious damage, vandalism, acts of naturewar or terrorism, improper installationcorrosion, improper assemblywater contamination or ingress, unreasonable frost, flooding or improper useother adverse weather conditions; c. Improper usage, storage or handling of the product(s); d. Failure to follow Seller’s written instructions for the product(s), including, without limitation, Sellers installation instructions available on Seller’s website at xxxx://xxx.xxxxx-xxxx.xxx or those of the manufacturer; e. Damage or defect due to willful neglect or negligence by anyone other than Seller; f. Loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer; g. Modification to the product(s), by someone other than Seller’s representatives; and any such authorization shall void this warranty. h. Connection of other fittings, accessories, equipment to the product(s) which were not approved in writing by Seller; i. Faults caused by shock, fall, over pressurization, or lack of proper maintenance, unauthorized repairs pressure equalization; j. Any malfunctions or modifications, abuse, normal wear specific requirements of any other item of hardware or tear software added to the product(s) that was not included in the Order. The cost of replaceable parts such as spouts and hoses, or other causes not directly arising shipping the equipment from defects in materials or workmanship; (b) any Product damaged Buyer's facility back to Seller shall be paid by the failure Buyer. The cost of return shipping of the owner to useequipment shall be paid by Seller. Seller shall utilize surface shipping carriers. Seller shall utilize other means of express shipment at the request of the Buyer. In this case, maintain, or store the Product as specified in any applicable instructions and/or warnings provided cost of shipping shall be paid by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer.

Warranty. Seller warrants that A. Builder will provide warranty coverage on the Products sold by Seller Improvements to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Buyer pursuant to the original Purchaser unless otherwise agreed by Seller in writingattached and incorporated Express Limited Home Warranty. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingBUILDER AGREES TO COMPLY WITH THE EXPRESS LIMITED HOME WARRANTY AS ITS EXPRESS CONTRACTUAL WARRANTY. UNLESS BUILDER HAS ALSO ELECTED TO PROVIDE A THIRD-PARTY WARRANTY, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR BUILDER AND BUYER AGREE THAT THE EXPRESS LIMITED HOME WARRANTY SET FORTH ABOVE, SELLER MAKES NO CONSTITUTES THE EXCLUSIVE WARRANTY WHATSOEVERTO BE MADE AVAILABLE BY BUILDER AND IS IN PLACE OF AND SUPERSEDES AND PRECLUDES ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, WORKMANSHIP, REPAIR, MODIFICATION, MERCHANTABILITY, SUITABILITY AND FITNESS. ANY AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED BY BUILDER AND WAIVED BY BUYER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITYGOOD AND WORKMANLIKE REPAIR OR MODIFICATION OF EXISTING TANGIBLE GOODS OR PROPERTY AND THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION. THE PARTIES AGREE THAT THE EXPRESS LIMITED HOME WARRANTY AND THIRD-PARTY WARRANTY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN IF APPLICABLE, ADEQUATELY SET FORTH THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDMANNER, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD PERFORMANCE, AND TO THE REPLACEMENT VALUE QUALITY OF THE PRODUCTCONSTRUCTION OF THE HOME AND IMPROVEMENTS AND SERVICES TO BE PERFORMED. Buyer acknowledges, understands, and agrees that the terms of the Express Limited Home Warranty and Third-Party Warranty, if applicable, are clear, specific, and sufficiently detailed to establish the only standards of construction performance or service that Builder or Warrantor are obligated to meet. The Parties agree that this Express Limited Home Warranty will control any warranty, workmanship, material, or any other defect claims regarding the Property or Improvements. For items in need of repair under the Express Limited Home Warranty, the Parties agree that Builder shall have the sole right to determine the means, method, and manner of repair to be implemented. In the event that the Express Limited Home Warranty or the Third-Party Warranty do not specify a building or performance standard for the identified item, the usual and customary industry standards for similar improvements in the geographic region shall govern. In short, the Express Limited Home Warranty provides warranty coverage on the Improvements for one (1) year for workmanship and materials, two (2) years for plumbing, electrical, heating, and air-conditioning delivery systems, and ten (10) years for major structural components of the Improvements. Under no circumstance is any landscaping, whether currently existing trees, plants, or grass on the subject property, or any of those installed by Builder, warranted by the Express Limited Home Warranty or any other warranty. Builder and Buyer agree that no warranty of any kind exists on landscaping in consideration for issuance of the Express Limited Home Warranty and any Third-Party Warranty. It is incumbent upon the Buyer to properly maintain and care for any landscaping. B. Builder will will not also provide a third-party warranty (Third-Party Warranty) provided through a third- party warranty company. If a Third-Party Warranty is provided, Buyer shall first file and pursue any claim that may be covered by the Third-Party Warranty with the third-party warranty company prior to making any warranty claim against Builder under the Express Limited Home Warranty. C. Builder shall construct the Improvements in a manner that passes all applicable municipal or county inspections; passage of such inspections indicates compliance with applicable codes and standards. Failure to meet an applicable code or standard by itself for any element of the Improvements does not give rise to strict liability and it is not negligence per se, breach of contract or breach of warranty and does not create a cause of action or warranty claim against Builder. A claim or allegation that there is a failure to meet applicable code must be accompanied by (1) actual physical damage resulting from that failure or violation of code to the Property or Improvements, or (2) an immediate threat to the health and safety for the occupants or invitees. Builder shall not be required to utilize any repair method that would result in economic waste or be required to repair items or areas that are not damaged. D. Any Manufactured Product warranties will be assigned, without recourse, to Buyer upon payment of the Total Sales Price. This assignment shall be evidenced by Builder’s execution and delivery to Buyer of the “Assignment of Manufactured Product Warranties”. Buyer understands and agrees that proper maintenance of the Improvements is required to ensure (i) the Express Limited Home Warranty and Third-Party Warranty, if applicable remains in effect, and (ii) the proper performance of the Improvements.

Warranty. Seller warrants that 10.1 The only warranty with respect to any Product sold to ONLINE RETAILER, if any, shall be SHIMANO’S written warranty to the Products sold retail consumer enclosed with such Product or otherwise supplied to such retail consumer by Seller SHIMANO (and which SHIMANO may, from time to Purchaser conform to Seller’s specifications and are free from defects time in material and workmanshipits sole discretion, amend or revise). Unless otherwise specified by Seller in writing, SHIMANO offers this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller retail purchaser of any Product who acquired that Product directly from a Shimano authorized retailer. SUCH WARRANTY (IF ANY) SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). SHIMANO’S SOLE LIABILITY AND OBLIGATION SHALL BE TO PERFORM IN ACCORDANCE WITH SUCH WARRANTY (IF ANY), AND SHALL NOT BE LIABLE FOR ANY MONETARY DAMAGE, LOSS, COST OR EXPENSE (WHETHER GENERAL, SPECIAL OR CONSEQUENTIAL) SUFFERED OR INCURRED BY ONLINE RETAILER IF A PRODUCT FAILS TO CONFORM TO SAID WARRANTY. 10.2 Notwithstanding the foregoing, ONLINE RETAILER shall have the right to return to SHIMANO any Products purchased that are, in writing. Seller's SHIMANO’S sole obligation judgment and Purchaser’s exclusive remedy for discretion, determined to be non‐conforming in any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects respect in materials or workmanship; (b) any Product damaged by the failure of the owner to use. SHIMANO shall, maintainat its reasonable option, promptly replace such Products or refund, or store credit, to ONLINE RETAILER the Product as specified purchase price paid by ONLINE RETAILER for such Products together with any freight charges paid by ONLINE RETAILER in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTconnection therewith.

Warranty. Seller 7.1 Delta warrants and represents that the Products sold Services provide herein shall be accomplished in a manner to comply with the provisions set forth in subsection 1.3 and to the extent that any such parts or materials are overhauled, rebuilt or repaired by Seller to Purchaser conform to Seller’s specifications and are Delta, shall be free from defects in material and workmanship. Unless otherwise specified All parts or materials furnished by Seller Delta under this Agreement shall have been subject to Delta’s own receiving procedures and will be selected in writingaccordance with industry standards and shall bear an appropriate airworthiness tag. Delta will replace at no charge any such parts or materials that do not conform to the foregoing description. EXCEPT AS PROVIDED HEREIN, this warranty extends for one year DELTA SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE QUALITY OF SUCH PARTS OR MATERIALS. Delta will accrue any warranties which it or Sun Country may have received from the date manufacturer or vendor if such warranties have not been extinguished. Sun Country will use commercially reasonable efforts to assign any warranties it has received from the manufacturer, lessor, or vendor if such warranties have not been extinguished. Delta shall execute all reasonable documents required by the manufacturer, lessor or vendor in order to effect assignment of original purchaseany warranties Sun Country may have received. All warranties apply only assignments of warranty rights to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Delta pursuant to this Section will expire immediately upon termination or expiration of this Agreement and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited such rights will revert back to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR Sun Country. 7.2 THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERWARRANTIES CONTAINED IN THIS SECTION ARE GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITHOUT LIMITATION THOSE OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE INTENDED USE. SUN COUNTRY HEREBY WAIVES AND RELEASES DELTA FROM ANY OTHER OBLIGATION OR AGAINST INFRINGEMENT. LIABILITY ARISING OUT OF ANY CLAIMED DEFECT, WHETHER IN THE CONTRACT, TORT, OR ANY OTHER FORM OF ACTION, AND IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT WILL DELTA BE DISCLAIMEDLIABLE FOR INCIDENTAL, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTCONSEQUENTIAL OR SPECIAL DAMAGES.

Warranty. Seller Arista warrants that to Customer, during the Products sold by Seller to Purchaser conform to Seller’s specifications applicable Subscription Period, the Subscription Services will perform materially in accordance with the applicable the Documentation. The sole and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim of Customer, and the entire liability of Arista, under this limited warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects is described below in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerthis Section 6. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS SPECIFIED IN THIS SUBSCRIPTION AGREEMENT, SELLER ARISTA MAKES NO WARRANTY WHATSOEVERWARRANTIES AND HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING INCLUDING, WITHOUT LIMITATION, ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OF TRADE. CUSTOMER MUST NOTIFY ARISTA IN WRITING PROMPTLY OF ANY CLAIMED BREACH OF ANY WARRANTIES DURING THE EVENT WARRANTIES EXIST WARRANTY PERIOD. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE, AT LAW THAT MAY NOT BE DISCLAIMEDARISTA’S OPTION, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE CORRECTION OF THE PRODUCTSUBSCRIPTION SERVICES, OR TERMINATION OF THE APPLICABLE SUBSCRIPTION SERVICES AND RETURN OF THE UNEARNED PORTION OF THE FEES PREPAID TO ARISTA BY CUSTOMER FOR SUCH NON-CONFORMING SUBSCRIPTION SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. Arista and its licensors do not warrant that (a) the Subscription Service will meet Customer’s needs or requirements, (b) access to or the operation of the Subscription Service will be uninterrupted or error-free, (c) the Subscription Service will be always available or available at any particular time, or (d) defects in the Subscription Service will be corrected.

Warranty. Seller (a) Licensor warrants that that, for a period of sixty (60) days after delivery of the Products sold by Seller Licensed Product to Purchaser conform to Seller’s specifications Licensee: (1) Under normal Use and are service, the media on which the Licensed Software is delivered (if so delivered otherwise than electronically) shall be free from defects in material and workmanship, and (2) The Licensed Product will meet Licensor's then current published specifications for the Software. (b) If the Licensed Product fails to meet the media warranty of Paragraph 8(a)(1) and Licensee gives Licensor written notice thereof during the applicable warranty period, Licensor shall replace such media. Unless otherwise specified by Seller in writingIf the Licensed Product fails to meet the warranty of Paragraph 8(a)(2) and Licensee gives Licensor written notice thereof during the applicable warranty period, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. SellerLicensor's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of provide technical services to attempt to correct the followingfailure, at Seller’s sole discretion: (a) repair provided that Licensee gives Licensor detailed information regarding the failure and Licensor is able to duplicate or replacement of view the same. Licensee acknowledges that the Licensed Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does is complex, may not apply tobe error free, and no warranty remedy will that all errors, if any, may not be given forcorrectable or avoidable. (c) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH 8 AND IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDSYSTEM INTEGRATION, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE ONE YEAR WARRANTY PERIOD AND LICENSED PRODUCT. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of the consumer, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Licensor's liability is limited to the greatest extent permitted by law. (d) Licensee shall be solely responsible for the selection, Use, efficiency, and suitability of the Licensed Product and neither Licensor nor any of Licensor’s affiliates shall have any liability therefor. (e) The warranty provision of this Paragraph 8 do not apply if the Software has been subject to modification by other than Licensor or on Licensor's instruction or by an affiliate of Licensor, has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Licensor, is subject to accident or abuse, or is used in ultra hazardous activities. (f) Licensor warrants that the Software is date compliant. The duration of this warranty and remedies available to the Licensee for breach of this warranty shall be limited to repair or replacement of the Software where such non-compliance is discovered and made known to Licensor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies Licensee may otherwise have under this Agreement with respect to other defects. (g) DESPITE ANY OTHER PROVISION HEREOF TO THE REPLACEMENT VALUE CONTRARY, LICENSOR'S AND ITS AFFILIATES’ LIABILITY OF ANY KIND SHALL NEVER EXCEED THE AMOUNT SET OUT IN PARAGRAPH 11. (h) Despite any other provision hereof to the contrary “UNACTIVATED SOFTWARE”, AS HEREIN DEFINED, IS SUBJECT TO NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE LICENSED PRODUCT.

Warranty. Seller 10.1 Mesa warrants that that, at the Products sold time of delivery, the Leased Engine will be in flight worthy condition. Mesa shall, in its sole and reasonable discretion, repair or replace the Leased Engine in case of damage deemed by Seller Mesa to Purchaser conform be resulting from normal wear and tear and operation in accordance with applicable manuals and operating instructions, and without fault or negligence on the Customer’s part. 10.2 Customer shall be responsible for all risk and expense arising out of the operation, use, possession or control of the Leased Engine which arises due to Seller’s specifications causes outside the reasonable control of Mesa including but not limited to, failures of Leased Engine which: (i) has not been operated in accordance with the applicable manual and are free procedures established by Mesa; (ii) has been subject to misuse, negligence or accident; (iii) has not been properly transported, stored, installed, maintained, utilized or packed for transport in accordance with the then current recommendations of P&WC; or (iv) has suffered primary breakdown or deterioration of any constituent component which was not acquired by Customer from defects Mesa or through channels specifically approved in material and workmanshipwriting by Mesa. Unless otherwise specified by Seller in writing, this warranty extends for one year from Should the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy Leased Engine require repair or overhaul for any justified claim such causes, P&WC shall notify Customer who shall have the right to audit such finding prior to any work being completed. Such repair or overhaul shall be performed by Mesa at the reasonable expense of the Customer. 10.3 Replacement of the Leased Engine under this warranty shall be limited Article is subject to one of the followingMesa’s engine availability. THE WARRANTIES AND REMEDIES INCLUDED IN THIS AGREEMENT ARE ACCEPTED BY CUSTOMER EXCLUSIVELY AND IN LIEU OF ALL OTHER WARRANTIES AND/OR REMEDIES, at Seller’s sole discretion: WHETHER EXPRESSED OR IMPLIED EXCEPT AS TO TITLE (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE), WHETHER ARISING BY CONTRACT OR AGAINST INFRINGEMENTIN TORT EXCEPT FOR THOSE ARISING OUT OF MESA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR ANY RIGHT OR REMEDY AT LAW, IN NO EVENT SHALL MESA OR P&WC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAES ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THESE WARRANTIES, A BREACH OF THIS AGREEMENT OR ANY TORTIOUS OR NEGLIGENT ACT OR OMISSION BY MESA OR P&WC, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDE, WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ANY PROPERTY OR PERSONS OR OF ANY EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES AS A RESULT OF AN ENGINE OR COMPONENT DEFECT. IN CUSTOMER’S ENTERING INTO THIS ENGINE LEASE AGREEMENT AND ACCEPTANCE OF THIS WARRANTY OR THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDMAKING OF ANY CLAIM OR RECEIPT OF ANY BENEFIT HEREUNDER CONSTITUTES CUSTOMER’S ACCEPTANCE OF ALL THE TERMS, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD CONDITIONS AND TO THE REPLACEMENT VALUE LIMITATIONS OF THE PRODUCTFOREGOING WARRANTY.

Warranty. Seller 14.1 Oratec represents and warrants to DePuy that the all Products sold by Seller to Purchaser conform to Seller’s specifications and are supplied in connection with this Agreement shall be of merchantable quality, free from defects in material and workmanshipworkmanship and shall be manufactured and provided in accordance and conformity with the Specifications and in compliance with this Agreement. 14.2 DePuy may return non-conforming and/or defective Products, including Products which malfunction or fail to operate, or bear a sterilization date at the time of *** Confidential treatment requested. Unless otherwise specified receipt by Seller DePuy that is more than sixty (60) days old, to Oratec. Oratec shall replace or repair such nonconforming and/or defective Products at no cost to DePuy or the customer. Replacement of such non-conforming and/or defective Products includes payment of DePuy's reasonable shipping costs, both from and to Oratec. Oratec shall replace or repair such non-conforming and/or defective Products promptly provided that the non-conformance or defect was caused by Oratec. Oratec shall have no obligation to replace or repair Product adulterated, misused or repackaged by another party without the previous written approval of Oratec. 14.3 NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE MANUFACTURE, SALE SUPPLY, DISTRIBUTION, MARKETING, ORDERING OR DELIVERY OF THE PRODUCTS, INCLUDING BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, ANY DAMAGES, EXPENSES OR LOSSES INCURRED BY REASON OF LOST REVENUES, LOST PROFITS, COSTS OF SUBSTITUTE PRODUCTS, AND ANY SIMILAR AND DISSIMILAR DAMAGES, EXPENSES OR LOSSES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXPENSES OR LOSSES. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER OF THE PARTIES' LIABILITY FOR DAMAGES OR PERSONAL INJURIES, INCLUDING PROPERTY DAMAGE AND DEATH, SUFFERED BY ANY THIRD PARTY AS A RESULT OF ACTIONS OR OMISSIONS OF SUCH PARTY. LEGAL RELATIONSHIP AND INDEMNIFICATION 15.1 DePuy is an independent contractor and the relationship between Oratec and DePuy is that of Vendor and Vendee. Nothing herein is intended or shall be construed, either express or implied, to authorize either party to create or assume any liability or obligation of any kind for or on behalf of the other party. Neither party will be considered or will represent itself as the agent or legal representative of the other party for any purpose whatsoever. 15.2 The parties hereto are each responsible for their own acts, alleged acts or omissions and respectively agree to protect, indemnify, defend and hold harmless each other and any affiliate from and against any and all claims, losses, demands and liabilities, including attorneys' fees and court costs, which may arise therefrom. 15.3 Notwithstanding anything in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Agreement to the original Purchaser unless otherwise agreed contrary, Oratec agrees to indemnify and hold harmless DePuy from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of bodily injury, property damage or any other damage or injury which is caused by Seller any defect in writingthe design, material, or manufacture of a Product, but excluding any oral or written statements or representations by DePuy or its distributors or employees concerning the Products inconsistent with Oratec's training or literature. SellerOratec shall have control of the defense of any litigation arising out of alleged defect in the design, material or manufacture of a Product and DePuy agrees to cooperate with Oratec in such defense. 15.4 DePuy agrees to indemnify and hold harmless Oratec from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of any bodily injury caused by any negligent or intentional misrepresentation concerning the Products by DePuy or its sales employees inconsistent with Oratec's sole obligation training or literature, to the extent that Oratec is damaged due to such negligent or intentional misrepresentation. 15.5 Should any person assert a claim against DePuy based on the alleged infringement of a patent or other protected intellectual property right related to a Product, Oratec agrees to indemnify and Purchaser’s exclusive remedy hold harmless DePuy from and against any and all losses, claims, or judgments, including reasonable costs and expenses of defending same, arising directly or indirectly from any such claims of infringement of patents or other protected intellectual property rights. 15.6 Oratec has or will have prior to the sale of the Products by DePuy and will maintain at all times while this Agreement is in effect, a product liability insurance policy providing at least *** dollars (***) coverage per occurrence and *** dollars (***) aggregate coverage per policy year, which policy shall either name DePuy as insured or shall, by endorsement or otherwise, provide such coverage to DePuy for any justified claim under this warranty shall be limited to one arising out of the following, at Seller’s sole discretion: sale of any Product by DePuy. Oratec shall furnish DePuy with acceptable certificates evidencing such insurance coverage prior to the release of any Products for clinical studies or evaluation. Such insurance certificates shall contain a provision that a thirty (a30) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy day advance written notice will be given for, Product issues resulting from: (a) accident, acts to DePuy prior to any material change or cancellation of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTinsurance.

Warranty. Seller Daikyo represents and warrants to Distributor that the Products sold by Seller to Purchaser Distributor pursuant to this Agreement will conform to SellerDaikyo’s written specifications and are free from defects in material and workmanshipfor such products. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s The exclusive remedy for any justified claim under this breach of the warranty set forth above shall be limited as follows: Daikyo will at its option replace, repair or redesign, without charge to Distributor, or refund the invoice price with respect to any defective Product which was designed and manufactured by Daikyo, provided that a claim for such breach is made within one year of the following, at Seller’s sole discretion: (a) repair or replacement sale of the Product or (b) a credit for the price paid by the original Purchaser of the Productin question. This express warranty does not apply to, and no warranty remedy Products will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts deemed defective only if so found after inspection by Daikyo at such place as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerit may specify. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER DAIKYO MAKES NO WARRANTY WHATSOEVEROTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, WITH RESPECT TO THE PRODUCTS. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS ARISING FROM ANY COURSE OF DEALING, USAGE OF TRADE OR AGAINST INFRINGEMENTOTHERWISE. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL DAIKYO BE DISCLAIMEDLIABLE TO DISTRIBUTOR FOR (A) INDIRECT, PURCHASER AGREES THAT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT OR IN TORT, OR (B) WITH RESPECT TO ANY CLAIM, LAWSUIT, PROCEEDING OR OTHER ACTION BASED UPON ANY ACTION TAKEN BY DISTRIBUTOR WITHOUT PRIOR INSTRUCTION FROM DAIKYO OR ANY ACTION INCONSISTENT WITH SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTINSTRUCTION.

Warranty. Seller PLI warrants that the Products sold any product supplied under purchase orders issued by Seller to Purchaser conform to Seller’s specifications Buyer and are accepted by PLI, where properly used, stored and maintained, and if properly assembled and installed, shall be free from defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date a period of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one 12 months after delivery of the followingproducts. Buyer shall give PLI, at Seller’s sole discretion: within ten (a10) days of the discovery of any warranty claim, written notice of the claimed defect and satisfactory proof thereof. PLI shall, within ten (10) days of the receipt of the returned Product, provide Buyer with written notice of the results of investigation and, if subject to repair or replacement of under the Product warranty, the scheduled reworked or (b) a credit for the price paid by the original Purchaser of the Productreplaced product delivery schedule. This express PLI's warranty does not apply toextend to (i) any damage or loss due to misuse, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationsdisaster, abuse, neglect, normal wear or tear of replaceable parts such as spouts and hoseswear, or other causes damage or loss due to work not directly arising from defects in materials performed by PLI or workmanship; its contractors, (bii) any damage or loss caused by a Product damaged that has been repaired or altered by the failure of the owner to use, maintainBuyer or a third party without PLI's prior written approval, or store the Product as specified in any applicable (iii) defects arising out of data, drawings, specifications or instructions and/or warnings provided furnished by Seller or the manufacturerBuyer. PLI'S OBLIGATION AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT BY PLI AT ITS COST OF THE PRODUCTS THAT PROVE DEFECTIVE WITHIN THE APPLICABLE WARRANTY PERIOD OR, AT PLI’S DISCRETION, A REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. REPLACEMENT PRODUCTS ARE WARRANTED ONLY FOR THE REMAINING WARRANTY PERIOD OF THE ORIGINAL PRODUCT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY PROVIDED HEREIN, SELLER PLI MAKES NO REPRESENTATION OR WARRANTY WHATSOEVEROF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION ANY OTHER MATTER WITH RESPECT TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS.

Warranty. Seller AMD warrants that Die and/or Wafers delivered hereunder will meet the Products sold by Seller to Purchaser conform to Seller’s applicable specifications and are shall be free from defects in material and workmanshipworkmanship under normal use and service for [*] calendar months from shipment from AMD. Unless otherwise specified If, during such period (i) AMD is notified promptly in writing upon discovery of any defect in the Die and/or Wafers, including a detailed description of such defect, (ii) samples of such Die and/or Wafers are returned to AMD; and (iii) AMD's examination of such Die and/or Wafers discloses that such Die and/or Wafers are defective and such defects are not caused by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of natureabuse, misuse, neglect, improper installation, improper assemblyrepair, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, alteration or other causes not directly arising from defects in materials action by someone other than AMD, improper testing or workmanship; (b) use contrary to any Product damaged instructions issued by AMD or Vantis, within a reasonable time, AMD shall, [Confidential Treatment Request] at AMD's sole option, either replace or credit Vantis for such Die and/or Wafers. AMD shall return any Die and/or Wafers replaced under this warranty to Vantis, transportation prepaid. The foregoing warranty constitutes AMD's exclusive liability, and the failure exclusive remedy of Vantis, for any breach of any warranty or other nonconformity of the owner Die and/or Wafers. Prior to useany return of Die and/or Wafers by Vantis pursuant to this Article 6, maintainVantis shall afford AMD the opportunity to inspect such Die and/or Wafers at Vantis' location, or store the Product as specified in and any applicable instructions such Die and/or warnings provided by Seller or the manufacturerWafers so inspected shall not be returned to AMD without its prior written consent. EXCEPT FOR THE LIMITED THIS WARRANTY SET FORTH ABOVEIS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, SELLER MAKES NO WARRANTY WHATSOEVEREXPRESS, EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller 14.1 Oratec represents and warrants to DePuy that the all Products sold by Seller to Purchaser conform to Seller’s specifications and are supplied in connection with this Agreement shall be of merchantable quality, free from defects in material and workmanshipworkmanship and shall be manufactured and provided in accordance and conformity with the Specifications and in compliance with this Agreement. 14.2 DePuy may return non-conforming and/or defective Products, including Products which malfunction or fail to operate, or bear a sterilization date at the time of receipt by DePuy that is more than sixty (60) days old, to Oratec. Unless otherwise specified Oratec shall *** CONFIDENTIAL TREATMENT REQUESTED replace or repair such nonconforming and/or defective Products at no cost to DePuy or the customer. Replacement of such non-conforming and/or defective Products includes payment of DePuy's reasonable shipping costs, both from and to Oratec. Oratec shall replace or repair such non-conforming and/or defective Products promptly provided that the non-conformance or defect was caused by Seller Oratec. Oratec shall have no obligation to replace or repair Product adulterated, misused or repackaged by another party without the previous written approval of Oratec. 14.3 NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR TO ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE MANUFACTURE, SALE SUPPLY, DISTRIBUTION, MARKETING, ORDERING OR DELIVERY OF THE PRODUCTS, INCLUDING BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, ANY DAMAGES, EXPENSES OR LOSSES INCURRED BY REASON OF LOST REVENUES, LOST PROFITS, COSTS OF SUBSTITUTE PRODUCTS, AND ANY SIMILAR AND DISSIMILAR DAMAGES, EXPENSES OR LOSSES EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXPENSES OR LOSSES. NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT EITHER OF THE PARTIES' LIABILITY FOR DAMAGES OR PERSONAL INJURIES, INCLUDING PROPERTY DAMAGE AND DEATH, SUFFERED BY ANY THIRD PARTY AS A RESULT OF ACTIONS OR OMISSIONS OF SUCH PARTY. LEGAL RELATIONSHIP AND INDEMNIFICATION 15.1 DePuy is an independent contractor and the relationship between Oratec and DePuy is that of Vendor and Vendee. Nothing herein is intended or shall be construed, either express or implied, to authorize either party to create or assume any liability or obligation of any kind for or on behalf of the other party. Neither party will be considered or will represent itself as the agent or legal representative of the other party for any purpose whatsoever. 15.2 The parties hereto are each responsible for their own acts, alleged acts or omissions and respectively agree to protect, indemnify, defend and hold harmless each other and any affiliate from and against any and all claims, losses, demands and liabilities, including attorneys' fees and court costs, which may arise therefrom. 15.3 Notwithstanding anything in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Agreement to the original Purchaser unless otherwise agreed contrary, Oratec agrees to indemnify and hold harmless DePuy from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of bodily injury, property damage or any other damage or injury which is caused by Seller any defect in writingthe design, material, or manufacture of a Product, but excluding any oral or written statements or representations by DePuy or its distributors or employees concerning the Products inconsistent with Oratec's training or literature. SellerOratec shall have control of the defense of any litigation arising out of alleged defect in the design, material or manufacture of a Product and DePuy agrees to cooperate with Oratec in such defense. 15.4 DePuy agrees to indemnify and hold harmless Oratec from any loss, claim or judgment, including reasonable costs and expenses of defending same, arising out of any bodily injury caused by any negligent or intentional misrepresentation concerning the Products by DePuy or its sales employees inconsistent with Oratec's sole obligation training or literature, to the extent that Oratec is damaged due to such negligent or intentional misrepresentation. 15.5 Should any person assert a claim against DePuy based on the alleged infringement of a patent or other protected intellectual property right related to a Product, Oratec agrees to indemnify and Purchaser’s exclusive remedy hold harmless DePuy from and against any and all losses, claims, or judgments, including reasonable costs and expenses of defending same, arising directly or indirectly from any such claims of infringement of patents or other protected intellectual property rights. 15.6 Oratec has or will have prior to the sale of the Products by DePuy and will maintain at all times while this Agreement is in effect, a product liability insurance policy providing at least *** dollars (***) coverage per occurrence and *** dollars (***) aggregate coverage per policy year, which policy shall either name DePuy as insured or shall, by endorsement or otherwise, provide such coverage to DePuy for any justified claim under this warranty shall be limited to one arising out of the following, at Seller’s sole discretion: sale of any Product by DePuy. Oratec shall furnish DePuy with acceptable certificates evidencing such insurance coverage prior to the release of any Products for clinical studies or evaluation. Such insurance certificates shall contain a provision that a thirty (a30) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy day advance written notice will be given for, Product issues resulting from: (a) accident, acts to DePuy prior to any material change or cancellation of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTinsurance.

Warranty. (a) Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications all products delivered hereunder including all components and are raw materials incorporated therein, as well as products corrected under this warranty, shall be new, free from defects in material workmanship, materials, and workmanshipmanufacture, shall comply with the requirements of these terms and conditions and compliant with any drawings or specifications incorporated herein or to any samples furnished by Seller, and where design is Seller's responsibility, be free from defects in design. Unless Seller further warrants all products purchased hereunder shall be of merchantable quality and shall be fit and suitable for the purpose intended by Buyer. The foregoing warranties are in addition to all other warranties, whether expressed or implied, and shall survive delivery, inspection, acceptance or payment by Buyer. (b) If any products delivered hereunder do not meet the warranties specified herein or otherwise applicable, Buyer may, at its election: (i) require the Seller to promptly correct, at no cost to Buyer, any defective or non-conforming products by repair or replacement, at the location as specified by Buyer, or (ii) return such defective non-conforming products at Sellers expense to the Seller in writing, this warranty extends for one year and recover from the date of original purchaseSeller the order price thereof. The foregoing remedies are in addition to all other remedies at law or in equity or under an order, for damages or otherwise shall not be deemed to be exclusive. All warranties apply only shall run to the original Purchaser Buyer and to its customers. (c) Buyer's approval and/or acceptance of the Seller's product or design shall not relieve Seller of the warranties set forth in this clause, nor shall waiver by Buyer of any drawing or specification requirement for one or more of the products constitute a waiver of such requirements for the remaining products to be delivered hereunder unless otherwise agreed so stated by Seller Buyer in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim The provisions of the clause shall not limit or affect the rights of the Buyer under the clause hereof entitled: "Inspection." (d) Claims by Buyer under this warranty shall may be limited exercised any time within a minimum period of two years after final acceptance unless specifically agreed otherwise in writing. (e) These warranties are in addition to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or any other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwarranties included herein.

Warranty. Seller ALLEGRO warrants for a period of one (1) year from the date of shipment to PURCHASER that the Products sold by Seller all products upon delivery to Purchaser conform to Seller’s specifications and PURCHASER are free from defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only shall conform to the original Purchaser unless otherwise agreed by Seller specifications. If any product is defective in writingmaterial or workmanship, or fails to meet the requirements of PURCHASER’s order, PURCHASER shall inform ALLEGRO within thirty (30) days and return such products for correction or replacement. SellerALLEGRO's sole obligation and Purchaser’s exclusive remedy liability for any justified claim under this warranty shall be such rejected products is limited solely to one the cost of transportation expenses plus the followingresponsibility of either repairing, replacing or refunding the purchase price, at SellerALLEGRO’s sole discretion: (a) repair or replacement of the Product or (b) a credit option, for the price paid by the original Purchaser of the Productsuch returned products. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts extend to any of nature, our products which fail to operate by reason of improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesapplication, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintaininspection, or store the Product as specified in any applicable instructions and/or warnings provided by Seller have been subject to misuse, neglect, or the manufactureraccident, or have been repaired or substantially altered outside our factory. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERIN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AND THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ANY WARRANTIES OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR AGAINST INFRINGEMENTUSAGE OF TRADE ARE HEREBY EXCLUDED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThe remedies provided herein are the PURCHASER's sole and exclusive remedies for any failure of ALLEGRO to comply with its warranty obligations. Correction of the non-conformities in the manner and for the period of time provided herein shall constitute complete fulfilment of ALLEGRO's obligations regarding defective products, whether the claims by the PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTare based in contract, in tort (including negligence) or otherwise.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE XXXX OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 2. No employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Unless otherwise agreed in writing, the Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s Products, when properly used, stored and maintained, and if properly assembled and installed, shall comply with the technical specifications pertaining thereto and are shall be free from defects in material materials and workmanship. Unless otherwise specified by workmanship and the Seller undertakes, at its sole option, either to repair or replace in writing, this warranty extends for one year from its premises and at its expense the Products found to be defective within twelve (12) calendar months of the date of original purchasedelivery or credit the Buyer the purchase price of such defective Products. All warranties apply only Buyer shall notify the Seller, in writing and without delay, the defects discovered and shall give to Seller all evidence and justification available. The Seller's warranty does not extend to (i) any defect, damage or loss due to misuse, normal wear and tear, accident, disaster, abuse, neglect, and (ii) defect, damage or loss caused by Product which has been repaired or altered by the Buyer or a third party without the Seller's prior written approval, and (iii) defects, damages or losses arising out of incorrect or insufficient specifications, drawings, data or instructions furnished by the Buyer. In case any returned Product is being found on investigation by the Seller to be outside the scope or duration of the warranty or the fault being unconfirmed, the Seller is entitled to charge the Buyer all costs incurred by the Seller in connection therewith. The Buyer must receive a return material authorization number from the Seller prior to returning faulty Products covered by the Seller’s warranty. Freight and insurance costs for return of faulty Products to the original Purchaser unless otherwise agreed Seller will be borne by Seller in writingthe Buyer and freight and insurance cost for the delivery of repaired Products and replacement Products to the Buyer will be borne by the Seller. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair Repair or replacement of Products shall not extend the Product or (b) a credit for original warranty period. The warranty given in this Clause constitutes the price paid only representations and warranties made by the original Purchaser of Seller with respect to the Product. This Products supplied by the Seller and any other warranties, whether express warranty does not apply toor implied by law or otherwise, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts fitness for purpose or merchantability, are expressly disclaimed and hosesexcluded. Seller shall not be liable for costs, expenses and any other damages or other causes not directly arising from defects in materials losses associated with inspection, test, removal, reassembly, rework operations incurred as a reason of Products defaults and repair or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTreplacement.

Warranty. Seller Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications will be manufactured in accordance with the Specifications and are with the Quality Agreement, and will be free from defects in material and workmanship. Unless otherwise specified To the extent assignable, Supplier assigns any warranties covering components and materials provided to Supplier by Seller a third party for inclusion in writingany Product, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit Supplier will have no further liability for the price paid by the original Purchaser failure of the Productany such third-party components or materials. This express limited warranty does not apply toto Products that have been abused, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units or test units, Supplier makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, Supplier assumes no liability for or obligation related to the performance, accuracy, Specifications, failure to meet the Specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer shall be liable for costs or expenses incurred by Supplier related thereto. Upon any failure of a Product to comply with the above warranty, Supplier’s sole obligation, and no warranty remedy will be given forCustomer’s sole remedy, Product issues resulting from: (a) accidentis for Supplier, acts of natureat its option, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts to promptly replace such as spouts unit and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged return it to Customer freight prepaid. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from Supplier to be displayed on the shipping container. Customer shall bear all of the owner risk, and all costs and expenses, associated with Products that have been returned to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSupplier for which there is no defect found. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEIN THIS AGREEMENT, SELLER MAKES NO WARRANTY WHATSOEVERSUPPLIER AND CUSTOMER HEREBY SPECIFICALLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR AGAINST INFRINGEMENTCOURSE OF PERFORMANCE). SUPPLIER AND CUSTOMER SPECIFICALLY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, REGARDING THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO PRODUCTS OR ANY OTHER ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE GENERALITY OF THE PRODUCTFOREGOING, CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS SPECIFIED ABOVE, ALL PRODUCTS ARE DELIVERED “AS IS,” AND SUPPLIER MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH THE CUSTOMER, AND THE SUPPLIER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Warranty. Seller warrants that the Products sold Except as is furnished herein in writing by Seller to Purchaser conform Buyer, Seller warrants solely to Buyer only that materials furnished hereunder will be of the kind designated or specified, and no other warranty, except of title, shall be implied. Providing Buyer gives notice in accordance with Article 11, if goods sold hereunder contain defects in material or workmanship demonstrated to Seller’s specifications and are free satisfaction to have existed at the time of departure from defects Seller’s plant, Seller, reserving the right to either inspect them in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followinghands or request their return will, at Seller’s sole discretion: (a) repair option, correct or replacement of the Product replace at Seller’s expense F.O.B. Seller’s plant, or (b) a give Buyer proper credit for the price paid such goods determined by the original Purchaser of the ProductSeller to defective, with all necessary packaging and transportation costs (if any) to be assumed by Buyer. This express warranty does The foregoing shall not apply toto goods that shall have been subjected to alteration, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of naturecontamination, improper installationmaintenance or storage, improper assemblymisapplication, unreasonable misuse, negligence or improper use, lack of proper maintenance, unauthorized repairs accident after shipment from Seller’s plant by anyone except Seller’s authorized employees or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturergoods to which Buyer’s tests use an unrepresentative sample. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEON FACE OF SELLER’S INVOICE OR ON THE XXXX OF LADING, SELLER MAKES NO WARRANTY WHATSOEVERALL WARRANTIES OF MATERIALS SOLD HEREUNDER, EXPRESS EXPRESSED OR IMPLIED, INCLUDING ANY BUT NOTLIMITED TO WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. THE REMEDIES SET FORTH IN THIS ARTICLE 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, IN LIEU OF ALL OTHER REMEDIES FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL AND SPECIAL OR AGAINST INFRINGEMENTINCIDENTAL DAMAGE ARISING OUT OF LATE, PARTIAL AND/OR NON DELIVERY, THE SALE, USE, FURNISHING OF MATERIALS, OR SUITABILITY FOR GENERAL OR PARTICULAR USE). IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE CONTRACT (PURCHASE) PRICE FOR THE MATERIALS FOR WHICH LIABILITY IS CLAIMED. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING SUITABILITY FOR USE AND SELLER SHALL IN NO EVENT WARRANTIES EXIST AT LAW THAT MAY BE LIABLE IN THIS RESPECT. THE GIVING OR FAILURE TO GIVE ADVICE, RECOMMENDATION OR SAFETY WARNINGS OF ANY CHARACTER BY SELLER SHALL NOT BE DISCLAIMEDIMPOSE ANY LIABILITY UPON SELLER. If the materials sold hereunder are resold by Buyer, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTBuyer agrees to include in the contract for resale provisions which limit recoveries against Seller in accordance with this Article 0.Xx employee or agent of Seller is authorized to make any warranty statement, promise or understanding other than that which is specifically set forth herein. The provisions in any specification data sheet or chart issued by Seller or attached hereto are descriptive only and are not warranties or representations.

Warranty. Seller agrees to extend its standard commercial warranties and to extend or assign any third party warranties that are applicable to all products and services Seller provides to Company at the time the products are received by Company. To the extent not included within the foregoing warranty, Seller warrants that the Products sold by Seller all products it provides to Purchaser Company will be new (not refurbished), not contain or comprise counterfeit or gray market products or components, materially conform to with Seller’s published specifications and are user manuals for the products and be free from material defects in material materials and workmanship. Unless otherwise specified , for a period of 90 days for hardware and software; and, in the event Company provides written notice to Seller of a breach of the foregoing warranties, as Company’s sole remedy for the breach thereof (unless the breach us caused by Seller in writingCompany’s willful misconduct or gross negligence), this warranty extends for one year from the date and without application of original purchase. All warranties apply only any liability limitation to the original Purchaser unless otherwise agreed by sole remedy, Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair expense and within a commercially reasonable time period either repair, replace or replacement of re-perform the Product defective products or (b) a credit for services, or both as applicable, or in the event Seller is unable or unwilling to do either, Seller will promptly refund Company the price paid for the defective products or services, or both as applicable, and for any products or services, or both as applicable, that are not able to be used by the original Purchaser Company as intended or in accordance with Company’s published specifications and user manuals due to any of the Product. This express warranty does not apply toaforementioned defects, and no warranty remedy where Company will be given for, Product issues resulting from: (a) accident, acts return any such defective or unusable products at Seller’s expense in consideration of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerrefund. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY STATED HEREIN, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDDISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. Seller warrants that Unless otherwise stated in a customer master agreement, quotation documents or product literature provided with the Product at the time of sale, Products sold manufactured by Seller are warranted solely to Purchaser conform to Seller’s specifications and are free the original Buyer for eighteen months (18) months from date of shipment or one (1) year from date of installation against defects in material and workmanshipworkmanship when paid for and properly installed and maintained under normal use and service. Unless otherwise specified by Seller in writingIn all cases, this warranty extends for one year will expire not later than ten (10) years from the date of original purchaseshipment by Xxxxxx. All warranties apply only Warranty will be immediately voided by substitution of non-Seller provided parts. No warranty is given for products or components manufactured by companies not affiliated by ownership with Seller or for Products and components that have been subject to misuse, improper installation, corrosion, or that have not been installed, maintained, modified or repaired in accordance with applicable Standards of the original Purchaser unless otherwise agreed National Fire Protection Association, and/or the standards of any other Authorities Having Jurisdiction. Materials found by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty to be defective shall be limited to one of the followingeither repaired or replaced, at Seller’s sole discretion: (a) repair option. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of Products or replacement parts of Products. Seller shall not be responsible for system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s representatives. In no event shall Seller be liable, in contract, tort, strict liability or under any other legal theory, for incidental, indirect, special or consequential damages, including but not limited to lost profits and labor charges, regardless of whether Seller was informed about the Product or (b) a credit for the price paid by the original Purchaser possibility of the Product. This express warranty does not apply tosuch damages, and in no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by event shall Seller’s liability exceed an amount equal to the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturersales price. EXCEPT FOR THE LIMITED FOREGOING WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERIS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThis limited warranty sets forth the exclusive remedy for claims based on failure of or defect in Products, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTmaterials or components, whether the claim is made in contract, tort, strict liability or any other legal theory. This warranty will apply to the full extent permitted by law. The invalidity, in whole or part, of any portion of this warranty will not affect the remainder.

Warranty. Seller 14.1. Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of [ ]* from the date of original purchase. All warranties apply only manufacture, or [ ]* months for Products Supplier hubs for demand pull, that (i) the Product will conform to the original Purchaser unless otherwise agreed specifications applicable to such Product at the time of its manufacture, which are furnished in writing by Seller Customer and accepted by Supplier; (ii) such Product will be of good material (supplied by Supplier) and workmanship and free from defects for which Supplier is responsible in writingthe manufacture; (iii) such Product will be free and clear of all liens and encumbrances and that Supplier will convey good and marketable title to such Product. Seller's sole obligation and Purchaser’s exclusive remedy for In the event that any justified claim under this warranty Product manufactured shall not be limited to one of in conformity with the followingforegoing warranties Supplier shall, at SellerCustomer’s sole discretion: (a) repair or replacement of option, either credit Customer the Product or (b) a credit for the purchase price paid by the original Purchaser of the Customer for such Product, or, at Supplier’s expense, replace, repair or correct such Product. This express The foregoing constitutes Customer’s sole remedies against Supplier for breach of warranty does not apply toclaims. 14.2. Supplier shall have no responsibility or obligation to Customer under warranty claims with respect to Products that have been subjected to abuse, and no warranty remedy will be given formisuse, Product issues resulting from: (a) accident, acts of naturealteration, improper installationneglect or damaged in repair by other than Supplier personnel. * - Confidential Treatment Requested. Omitted portions filed with the SEC. 14.3. Supplier agrees to transfer to Customer any transferable warranty made to Supplier by its vendors with respect to materials included in or comprising Products. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, improper assemblyAND SUPPLIER EXPRESSLY DISCLAIMS AND CUSTOMER WAIVES, unreasonable or improper useALL OTHER REPRESENTATIONS AND WARRANTIES, lack of proper maintenanceEXPRESS, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. 14.4. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTIn the case of non-conforming Product (excluding defects caused by Customer) the Supplier will be responsible for all rework costs associated with the non-conforming board. The Supplier will use all commercial means necessary to meet all scheduled Delivery Date requirements.

Warranty. Seller Apex warrants that the Products sold work performed by Seller to Purchaser conform to Seller’s specifications and are Apex hereunder will be free from of defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year a period of three (3) years from the date of original purchaseissuance of the final inspection certificate. During this warranty period, Apex will repair or replace(at Apex’s discretion) with like items, at no charge to Purchaser, all items and parts that are applicable to the Balance of System parts installed per design not including manufactures parts and labor. All warranties apply only to manufactures and product warranty’s will follow the original manufactures warranty and guidance. Apex will invoice Purchaser unless otherwise agreed for any inoperable or replacement EVSE components and labor in accordance with the manufacturers applicable warranty provided by Seller in writingthe manufacturer thereof. Seller's sole obligation and Manufactures warranty service during the applicable warranty period will be performed at the Purchaser’s exclusive remedy for any justified claim under this request during Apex’s normal business hours. This warranty shall be limited in some cases does not cover Apex labor or extend to one claims that result, in Apex’s judgment, from misuse,n69egligence, neglect, improper installation or maintenance, alterations or repairs performed by personnel not employed, trained or certified by Apex, or operation using supplies or other components which do not conform to, or are used in a manner inconsistent with, the EVSE design or when Purchaser reasonably should have learned of such inoperable component. Purchaser hereby grants Apex as well as Apex’s employees, authorized agentsand subcontractors, the following, at Seller’s sole discretion: (a) repair or replacement right of ingress and egress to and from the Product or (b) a credit Premises for the price paid by purpose of conducting all warranty repair on the original EVSE. Warranty is not applicable and null and void if Purchaser of the Product. This express warranty does not apply todeliver 100% full payment to Apex. In the event of any warranty claim by Purchaser which is deemed by Apex in its sole discretion not to be a valid warranty claim, Apex shall notify Purchaser and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner Purchaser shall pay to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTApex reasonably labor costs at Apex’s thenapplicablelaborcharge.

Warranty. Seller (i) Notwithstanding acceptance of delivery by Licensee of the Ground Segment Hardware as provided in Section 4(e) and subject to the warranty conditions in this Section 4(g), ORBCOMM hereby warrants that that, for a period of [CONFIDENTIAL TREATMENT] after completion of the Products sold by Seller to Purchaser conform to Seller’s specifications and are System Acceptance Test (the "Warranty Period"), the Ground Segment Hardware shall be free from defects in material and workmanshipworkmanship and shall operate and conform to the performance capabilities, specifications, functions and other descriptions set forth in the Acceptance Specifications. Unless otherwise specified by Seller ORBCOMM shall, at its expense, repair or replace any Ground Segment Hardware that does not conform to such warranty. ORBCOMM's obligation during the Warranty Period shall be limited to repair or replacement of any Ground Segment Hardware for which it has provided a warranty. Notice of all claimed defects must be provided in writingwriting to ORBCOMM within the Warranty Period. ORBCOMM shall determine to its satisfaction after inspection that the product or part was defective, this warranty extends for one year from and it shall determine where the date of original purchaserepair shall take place. All warranties apply Any Ground Segment Hardware repaired or replaced shall be subject only to the original Purchaser unless otherwise agreed by Seller in writingWarranty Period. SellerThe warranty set forth herein is Licensee's sole obligation and Purchaser’s exclusive remedy against ORBCOMM for any justified claim under this defective Ground Segment Hardware and is in lieu of all other warranties, express or implied. (ii) The warranty set forth herein shall be limited not extend to one of any Ground Segment Hardware that, upon ORBCOMM's or its subcontractors' examination is found to have been (A) mishandled, misused or subject to negligence, accident or abuse by Licensee or its officers, employees, representatives, agents or consultants (other than ORBCOMM), (B) operated or maintained contrary to ORBCOMM's specifications or instructions or otherwise used improperly, (C) tampered with or damaged as evidenced by, for example, broken seals, unauthorized modifications, damaged packaging containers and the followinglike, at Seller’s sole discretion: (aD) repair repaired and/or altered by anyone other than ORBCOMM or replacement of the Product its subcontractors without ORBCOMM's prior written approval or (bE) a credit for delivered to ORBCOMM not in conformance with the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTnotice requirements set forth herein.

Warranty. Seller DEFIANT warrants DEFIANT Products for the period of time set out in the warranty that accompanies DEFIANT Products. DEFIANT makes no warranty beyond the Products sold warranty that accompanies DEFIANT Products. If defects occur within the warranty period, Dealer will notify DEFIANT immediately and, upon confirmation by Seller to Purchaser conform to Selleran authorized DEFIANT sales representative of the defects, DEFIANT’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty responsibility shall be limited to one of replace the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productdefective item if it cannot be repaired. This express warranty does not apply toto defects not caused by DEFIANT (for example, and no accidents or abuse while in Dealer’s possession). DEFIANT shall not have any liability of any kind under this warranty remedy will be given for, Product issues resulting from: unless Dealer gives DEFIANT notice of its claim within thirty (a30) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesdays after the Dealer knows, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure should know, of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerits claim. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH ABOVEHEREIN, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO DEFIANT PRODUCTS. DEFIANT EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, APPLICATION OR AGAINST INFRINGEMENTUSE. UNDER NO CIRCUMSTANCES WILL DEFIANT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND DEFIANT’S LIABILITY SHALL IN NO EVENT EXCEED THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE PURCHASE PRICE OF THE PRODUCTDEFIANT PRODUCT ON WHICH SUCH LIABILITY IS BASED.

Warranty. Seller Doka expressly warrants that to Customer that, with respect to products fabricated by Doka, the Products sold by Seller to Purchaser conform to Seller’s specifications products will comply with the description set forth herein and, be of good quality, and are be free from defects in material products and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: workmanship provided that (a) repair or replacement of the Product or (b) a credit for the price paid products are subjected to normal use and maintained by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects Customer in materials or workmanshipaccordance with Doka’s instructions/manuals and/or industry standards; (b) the products have not been modified from its original condition, and (c) the Customer gives prompt written notice to Doka specifying all alleged defects in the products. If any Product damaged inherent defects in design, workmanship or products purchased or rented hereunder shall be discovered by the failure Customer and Customer gives Doka prompt notice of the owner to usesuch defects, maintainDoka shall, in its sole discretion, repair or replace defective items at its expense, F.O.B. Doka’s facility. The aforementioned repairs by Doka shall constitute Customer’s sole remedy and Doka’s sole liability whether on warranty, contract, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturertort grounds. DOKA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ON PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR SUITABILITY. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEABOVE WARRANTY, SELLER MAKES DOKA MANUFACTURED PRODUCTS ARE SUPPLIED AS IS. FOR PRODUCTS MANUFACTURED BY OTHERS BUT PROVIDED UNDER THE AGREEMENT, DOKA PROVIDES NO WARRANTY WHATSOEVERWARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT DOKA TRANSFERS AND ASSIGNS TO CUSTOMER ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN PROVIDED BY THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMANUFACTURER.

Warranty. Seller HYBRID warrants for a period of 90 calendar days after delivery (the “Warranty Period”) that the Products sold by Seller to Purchaser conform to Sellerwill perform substantially in accordance with the accompanying Documentation provided that the Products are used under normal operating and maintenance conditions, as directed in the Documentation, and in compliance with this Agreement and the applicable Software License Agreement. The warranties set forth in this Agreement will not apply if defects arise out of an accident, neglect, misuse, failure of utilities, equipment failures, causes beyond HYBRID’s specifications control, or use other than ordinary use for which the Software is intended as described in the Documentation. During the Warranty Period Updates and New Versions are free from defects in material of charge and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only Customer has access to the original Purchaser support service. HYBRID has no obligation to provide any support and maintenance beyond the Warranty Period unless expressly agreed otherwise agreed by Seller in writingthe Order Confirmation. Seller's sole obligation After the Warranty Period, maintenance and Purchaser’s exclusive remedy for any justified claim under this warranty support shall be limited subject to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Productseparate Support and Maintenance Agreement. This express The warranty does not apply tocover any software, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoseshardware, or other causes materials not directly arising from defects in materials or workmanship; (b) any Product damaged provided by the failure of the owner to use, maintainHYBRID, or store any combination of HYBRID’s Products, Services, or Software with the Product as specified same. Any modifications to the Software by any persons other than HYBRID will void the warranty described in any applicable instructions and/or warnings provided by Seller or the manufacturerthis Agreement and cause an event of default under this Agreement. EXCEPT FOR THE LIMITED DISCLAIMER OF WARRANTY. THIRD-PARTY SOFTWARE AND TRIAL SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT CONDITION OR WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDOF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESS OR IMPLIED. THE WARRANTIES AND HYBRID’S LIABILITY DESCRIBED IN THIS AGREEMENT ARE HYBRID’S EXCLUSIVE OBLIGATIONS AND THE CUSTOMER’S EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARE MADE OR GIVEN BY HYBRID, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THE SOFTWARE IS ERROR OR BUG-FREE. NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. HYBRID EXPRESSLY DISCLAIMS (AND CUSTOMER ACKNOWLEDGES THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST PURPOSE, AND NON-INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller warrants that Landlord shall, subject to the Products sold by Seller criteria and conditions set forth herein, provide its warranty with respect to Purchaser conform the Improvements in connection with any defective workmanship and materials discovered and brought to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for Landlord's attention pursuant to a proper Tenant's Defect Notice (as hereinafter defined) delivered during a period of one (1) year from the date of original purchasethe Improvements are Substantially Completed (the "Warranty Period"). All warranties apply only During the Warranty Period Landlord shall, at Landlord's sole cost and expense, repair or replace any defective item occasioned by defective workmanship or materials in and with respect to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation construction and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one installation of the followingImprovements (and specifically excluding any installations by Tenant or any deficiencies in the Improvements created by, at Seller’s sole discretion: through or under Tenant or otherwise through no fault of or defective performance on the part of Landlord), provided that (ai) repair or replacement Tenant notifies Landlord, in writing and with reasonable specificity and detail, of the Product or nature and extent of any such alleged defects in the Improvements (b"Tenant's Defect Notice") a credit for and (ii) Tenant delivers Tenant's Defect Notice to Landlord prior to the price paid by the original Purchaser expiration of the ProductWarranty Period. This express In no event shall Landlord be liable to Tenant for damages as a result of such defect, resulting from loss of business by Tenant or other consequential or speculative damages. Notwithstanding anything to the contrary contained herein, in no event shall Landlord be liable for, and the warranty does specified above shall not apply to, defects or alleged deficiencies in any materials or workmanship in or concerning the Improvements if and to the extent the defect or deficiency is due to or caused by any Alterations performed by Tenant, installation of Tenant Improvements or the abuse, neglect, negligence or willful or intentional act or omission of Tenant or its agents, subtenants, contractors, subcontractors, invitees, successors or assigns, including, without limitation, Tenant's failure to maintain a maintenance contract with respect to the HVAC systems. From and after the expiration of the Warranty Period, (x) Landlord shall have no warranty remedy will liability or obligation, of any nature whatsoever, to remedy, replace or correct any alleged defects and deficiencies; and (y) Landlord shall reasonably cooperate with Tenant (but at no out-of-pocket expense to Landlord) in the enforcement, by Tenant, at Tenant's sole cost and expense, of any express warranties or guarantees of workmanship or materials given by any subcontractors, architects, draftsmen, or materialmen engaged by Landlord to supply or complete any of the Improvements, if and to the extent that such guarantees or warranties remain in effect after the expiration of the Warranty Period. In providing a Tenant Defect Notice, Tenant shall be given forobligated to set forth with reasonable specificity and detail the nature and extent of such defect. Except as otherwise expressly set forth above in this Section from and after the earlier of the date Tenant takes partial occupancy or the Commencement Date, Product issues resulting fromTenant shall have and hold the Premises in an "as-is," "where-is" condition, without any liability or obligation on the part of Landlord for making any alterations, improvements, repairs or replacements, of any kind, in or about the Premises at any time during the Term of this Lease or any extension or renewal thereof, and Tenant shall maintain the Premises, and all parts thereof, in a good and sufficient state of repair as required under this Lease. Notwithstanding Tenant's timely delivery of a Tenant's Defect Notice, at no time during the Term of this Lease, shall Tenant have any right, of any nature whatsoever, to withhold the timely payment of any Rent due under the Lease, from time to time, as a result of, or due to, or because of, any alleged breaches by Landlord under this Lease or the alleged existence of any defects or deficiencies in the Improvements. Notwithstanding anything contained herein to the contrary, none of the following items that may occur in the Improvements shall be considered defective items occasioned by defective workmanship or materials required to be repaired by Landlord pursuant to this Section 7: (ai) accidentAny chips, acts of naturescratches or marks on such items as tile, improper installationwoodwork, improper assemblymirrors, unreasonable walls, porcelain, glass (including breakage or improper usecracks), lack of plumbing fixtures, lighting fixtures, or doors not noted in the punch list set forth in the applicable Acceptance Agreement; (ii) Defects resulting from ordinary wear and tear, misuse or neglect, or failure to provide proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (biii) any Product damaged by the failure Cracking or scaling of the owner concrete flat work (which includes, but is not limited to, sidewalks and warehouse floors) and cracks in foundation walls, if any, not resulting from infiltration of free water; (iv) Cracks in walks, driveways, parking lots, floor or fountains due to useexpanding and contracting of concrete from change in temperature and compacting of the soil on which the concrete is placed; (v) The color of the concrete; (vi) Shrinkage in structural wood members; and (vii) Drywall cracks, maintain, nail pops or store seems due to drying out and normal expansion and contraction of the Product as specified in any applicable instructions and/or warnings provided by Seller wood or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTmasonry to which it has been secured.

Warranty. Seller Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that the Products sold by Seller to Purchaser purchased under this Agreement conform to Seller’s Vendor's published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship. Unless otherwise specified by Seller , it must promptly notify Vendor in writing. Within a reasonable time after such notification, this warranty extends for one year from Vendor will correct any failure of the date of original purchase. All warranties apply only Product to conform to the original Purchaser warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by Seller the Parties in writing. Seller's sole obligation and Purchaser’s exclusive remedy a written addendum to this Agreement or expressly provided in the Specifications, shall extend for any justified claim under this warranty shall be limited to a period of one (1) year commencing on the date of shipment of the following, at Seller’s sole discretionProduct to Customer. This warranty does not extend to or cover: (a) repair any product, components, or replacement of the Product parts not manufactured or sold by Vendor; (b) a credit damage caused by use of any Product for purposes other than those for which it was designed as indicated in Vendor’s published materials; (c) damage caused by unauthorized attachments or modification; (d) any other abuse or misuse by Customer, its employees, representatives, contractors and agents; or (e) any Vendor Product where the price paid by Customer is not the original Purchaser first purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERFOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT ALL SUCH OTHER WARRANTIES EXIST AT LAW THAT MAY NOT BE AND REPRESENTATIONS ARE HEREBY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller warrants that all products delivered hereunder, including all components and raw materials incorporated therein, as well as products corrected under the Products sold warranty, shall be free from defects of workmanship, materials and manufacture, shall comply with the requirements of this Order, including compliance with any drawings or specifications incorporated herein to any samples furnished by Seller to Purchaser conform to Seller’s specifications , and are where design is Seller's responsibility, be free from defects in design. Seller further warrants all products purchased hereunder shall be made of new material and workmanshipbe of merchantable quality and shall be fit and suitable for the purposes intended by Buyer. Unless The foregoing warranties are in addition to all other warranties, whether expressed or implied, and shall survive any delivery, inspection, acceptance, or payment by Buyer. If any products delivered hereunder do not meet the warranties specified herein or otherwise applicable, Buyer may at its election (i) require the Seller to promptly correct, at no cost to Buyer, or any defective or nonconforming products be repaired or replaced at the location specified by Buyer, or (ii) return such defective or nonconforming products at Seller's expense to the Seller in writing, this warranty extends for one year and recover from the date of original purchaseSeller the order price and shipping costs thereof. If, after being requested by Xxxxx, the Seller fails to promptly replace or correct any defective product, Buyer (i) may by contract or otherwise replace or correct such products and charge the Seller the cost occasioned thereby, or (ii) may, without further notice, terminate this Order for default in accordance with the clause thereof entitled "Termination", or (iii) may utilize the deficient product and require an appropriate reduction in price. The foregoing remedies are in addition to all other remedies at law or in equity under this Order, for damages or otherwise, and shall not be deemed to be exclusive. All warranties apply only shall run to the original Purchaser Buyer and to Xxxxx’s Customer(s). Buyer's approval of the Seller's products or design shall not relieve Seller of the warranties set forth in this clause, nor shall any waiver by Buyer of any drawing or specification requirement for one or more of the products constitute a waiver of such requirement for remaining products to be delivered hereunder unless otherwise agreed so stated by Seller Xxxxx in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim The provisions of this clause shall not limit or affect the rights of Buyer under the clause hereof entitled "Inspection." Claims by Buyer under this warranty shall may be limited to one exercised anytime within a minimum period of the following, at Seller’s sole discretion: one (a1) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects year after final acceptance unless specifically agreed otherwise in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwriting.

Warranty. Seller 10.1 SELECTICA warrants to VAR that the Products sold each SELECTICA Product purchased from SELECTICA or from a dealer, distributor, or VAR authorized by Seller to Purchaser conform to Seller’s specifications and are SELECTICA will be free from material errors or defects in material and workmanship5 6 workmanship and will perform in substantial compliance with SELECTICA's published specifications for ninety (90) days after shipment of the Products by SELECTICA to VAR. Unless otherwise This limited warranty is contingent upon proper use of the Products and does not cover any Products that have been modified or misused. 10.2 SELECTICA shall accept the return from VAR of any Products not meeting the requirements of Section 10.1 if it is returned to SELECTICA within the warranty period with a written description of the claimed defect, along with information regarding its purchase, including dated proof of purchase, provided VAR obtains a prior Return Material Authorization (RMA) number from SELECTICA for the return and ships the return to the destination specified by Seller in writingSELECTICA, this warranty extends for one year from freight prepaid, with the date of original purchase. All warranties apply only to RMA number clearly marked on the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one outside of the following, at Seller’s sole discretion: (a) shipping container. At its option SELECTICA will either repair or replacement of replace the Product defective Products and return it to VAR with freight charges, shipping, handling, duty, and taxes prepaid, or (b) a credit for apply the price paid therefor by the original Purchaser VAR as a credit to future purchases of Products. 10.3 A SELECTICA warranty statement and limitation of liability statements is provided with each SELECTICA product intended for sale to end-user customers. VAR is not authorized to make any other warranty commitment, whether written or verbal, on SELECTICA's behalf. A copy of the Product. This express applicable end-user warranty does not apply to, and no warranty remedy or limitation of liability statements will be given forfurnished to VAR separately. 10.4 SELECTICA's Disclaimer of Warranty. THE LICENSED SELECTICA PRODUCTS AND RELATED DOCUMENTATION ARE PROVIDED "AS IS". SELECTICA MAKES AND VAR AND VAR'S END-USER CUSTOMERS RECEIVE NO WARRANTIES ON THE LICENSED SELECTICA PRODUCTS AND RELATED DOCUMENTATION, Product issues resulting from: (a) accidentEXPRESS, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH VAR AND VAR'S END-USER CUSTOMERS. SELECTICA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN SELECTICA DOES NOT WARRANTY THAT THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OPERATION OF THE PRODUCTLICENSED SELECTICA PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. 10.5 Notwithstanding anything to the contrary contained herein, except as expressly set forth, SELECTICA shall not, under any circumstances, be liable to VAR or VAR's end-user customers for consequential, incidental, or special damages, including but not limited to lost profits, even if SELECTICA has been apprised of the likelihood of such damages occurring.

Warranty. Seller 10.1 Beechwood warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects Licensed Program will perform substantially as set forth in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to documentation during the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product Warranty Period as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerExhibit A. 10.2 TO THE FULL EXTENT PERMITTED BY LAW. EXCEPT FOR Beechwood HEREBY DISCLAIMS ANY CONDITIONS, PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDLICENSED PROGRAM, INCLUDING ITS CONFORMITY TO ANY REPRESENTATIONS OR DESCRIPTIONS NOT EXPRESSLY SET OUT HEREIN, Beechwood HEREBY DISCLAIMS THE EXISTENCE OF ANY OTHER WARRANTIES OR CONDITIONS WHATSOEVER INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NO ORAL OR AGAINST INFRINGEMENTWRITTEN INFORMATION OR ADVICE GIVEN BY Beechwood, ITS AGENTS OR REPRESENTATIVES SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 10.3 Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or the software supplied hereunder by virtue of any national or state Fair Trading, Trade Practices or other consumer legislation and which may not be modified or excluded. If permitted by such legislation, however, Beechwood's liability for any breach of any such warranty or condition shall be and is hereby limited to, as Licensee's exclusive and sole remedy for any breach of warranty for which Beechwood may be responsible, return of any License Fees paid to Beechwood by Licensee. 10.4 IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL Beechwood BE DISCLAIMEDLIABLE FOR ANY LOSS OF PROFIT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND TO THE REPLACEMENT VALUE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS OR BUSINESS RECORDS) EVEN IF Beechwood HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH CLAIMS OR DEMANDS, THE LIMITATION UPON DAMAGES AND CLAIMS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. In any event the cumulative liability of any party to Licensee for all claims related to the Licensed Program and this Agreement whether in contract, ?????, strict liability or otherwise, shall not exceed the License Fee paid to Beechwood hereunder. 10.5 This warranty and limitation of liability reflects an allocation of risk between the parties as is permitted by the Uniform Commercial Code as adopted in New Jersey, U.S.A. 10.6 In any event the cumulative liability of any party to Licensee for all claims related to the Licensed Program and this Agreement, whether in contract, ????, or strict liability, shall not exceed the total amount of License Fee paid to Beechwood hereunder.

Warranty. Seller Supplier provides the warranty for each Product as set forth in the manual for such Product. To the extent no warranty is set forth in the applicable manual, Supplier warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are each Product will be free from defects in material and workmanshipworkmanship which results in noncompliance with the Specifications for such Product. Unless otherwise specified by Seller in writing, this This warranty extends shall begin upon Delivery and continue for a period of one year from such date. If during this period the date Product does not comply with the Specifications as a result of original purchasedefects in material or workmanship, Customer may contact Supplier to arrange return of the faulty Product, shipping prepaid and fully insured, to an authorized Supplier service facility. All warranties apply only to If upon inspection of the original Purchaser unless otherwise agreed by Seller item in writing. Seller's question, defects in workmanship or materials are revealed, Supplier’s sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) supply a repair or replacement for any defective part of a Product, and to return such Product to Customer by shipping it EX WORKS (as defined in Incoterms 2020) the service facility. Supplier shall not be required to supply any labor for repairs or replacement of parts. This warranty is void if the Product has not been used as recommended or instructed, has been altered or used with unauthorized accessories, has been subject to misuse, abuse or accident, or has been damaged due to causes not related to poor workmanship or defective materials. All parts or components not manufactured by Supplier are warranted only to the extent of the Product or (b) a credit for the price paid by the original Purchaser warranty of the Productrespective manufacturers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE THIS LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, IS EXPRESSLY GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIEDIMPLIED WARRANTIES, INCLUDING ANY WARRANTY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST PURPOSE, AND NON-INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE ALL OF THE PRODUCTWHICH ARE HEREBY EXCLUDED.

Warranty. Seller (a) Producer warrants solely to Distributor only that the (i) Products sold by Seller to Purchaser furnished hereunder shall conform to Seller’s applicable specifications and are free from defects in material (ii) Distributor shall acquire good and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only marketable title to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Products, and Purchaser’s exclusive remedy for any justified claim under this no other warranty shall be limited implied. Provided that Distributor gives notice in accordance with Section 5(b) below, if Products sold hereunder fail to one conform to applicable specifications, demonstrated to Producer’s reasonable satisfaction to have existed at the time of departure from Producer’s plant, Producer, reserving the right to inspect Products, shall, at Producer’s option, replace at Producer’s expense F.O.B. Distributor’s plant or give Distributor credit for Products determined to be non- conforming. Producer shall not be obligated to replace or provide credit for Products that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident during or after shipment from Producer’s plant. The remedy set forth in this Section 5(a) shall be the sole and exclusive remedy available to Distributor for breach of warranty. In no event shall Distributor’s remedy exceed the purchase price of the followingnon- conforming Products, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price plus any transportation and logistics costs paid by the original Purchaser of the ProductProducer to supply replacement materials to Distributor as described above in this Section 5(a) and Producer shall not be liable for any other loss or damage, whether direct or indirect. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERIN THIS SECTION 5 ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ARE SPECIFICALLY DISCLAIMED AND SHALL NOT APPLY. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDDistributor is solely responsible for determining suitability for use and Producer shall in no event be liable in this respect. The giving or failure to give advice, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTrecommendation or safety warnings of any character by Producer shall not impose any liability upon Producer. (b) It shall be the duty of Distributor to thoroughly inspect the Products purchased from Producer. Except for claims based on latent defects (which the parties recognize may not be discoverable through an inspection), all claims of any nature relating to the Products for any defect, non-conformity or discrepancy in quantity or delivery date, shall be made in writing to Producer’s customer service department within 30 days of receipt of such Products by Distributor. Failure to make any such written claim within the above-prescribed period shall constitute waiver of any such claims and shall be deemed acceptance of such materials, quantities or delivery dates. (c) Neither party shall be liable to the other party for any special, incidental, consequential, indirect or punitive damages (including loss of (anticipated) profits) arising in any way out of this Agreement, however caused and on any theory of liability, except with respect to claims based on intentional fraud or intentional misconduct. For the avoidance of doubt, if any of the foregoing damages are awarded to a third party and a party has a right to bring a claim against the other party under this Agreement in respect of such third party claim, such damages will be considered direct damages.

Warranty. Seller The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Products sold by Seller to Purchaser Work will substantially conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends the requirements of the Contract Documents for one year from following Substantial Completion, except for those inherent in the date quality of original purchasethe Work the Contact Documents require or permit and those generally accepted in the construction industry. All warranties apply only Work, materials, or equipment not conforming to these requirements may be considered defective, unless the defect was caused, in whole or in part, by abuse, alterations to the original Purchaser unless otherwise agreed Work not executed by Seller in writingthe Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under Owner acknowledges that the terms of this warranty shall be limited to one provide for the manner, performance, or quality of the followingdesired construction and are clear, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tospecific, and no warranty remedy will be given forsufficiently detailed to establish the only standards of construction. TO THE EXTENT PERMITTED BY LAW, Product issues resulting from: (a) accidentOWNER WAIVES ANY CAUSE OF ACTION UNDER ALL IMPLIED WARRANTIES, acts of natureINCLUDING, improper installationBUT NOT LIMITED TO, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES AND STIPULATES THAT SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION ARE EXPRESSLY REPLACED BY THIS WARRANTY. OWNER ACKNOWLEDGES THAT THIS WARRANTY IS PROVIDED AS OWNER’S EXCLUSIVE REMEDY RELATED TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTANY ISSUE COVERED.

Warranty. Seller Unless otherwise agreed upon by the parties in writing, the "Warranty Period" shall be 2 years. Supplier warrants that all Deliverables purchased hereunder (1) will be provided in a professional and workmanlike manner in accordance with the Products sold by Seller to Purchaser conform to Seller’s specifications highest standards in the industry and are be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only design (to the original Purchaser extent the design was provided by Supplier), material and/or workmanship; (2) will be new and not used or reconditioned; (3) will upon Buyer's taking title of the Deliverable and for the Warranty Period conform to the specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will upon Xxxxx's taking title of the Deliverable and for the Warranty Period be fit for the intended purpose; (5) will comply with such other Deliverable specific warranties as may be required by Buyer for the time period required by Buyer; and (6) the Deliverables shall comply with all applicable Laws. This warranty is in addition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier warrants that it has title to the Deliverables and that the Deliverable is free of all liens, security interest or and encumbrance. These warranties shall survive inspection, test, acceptance and payment and shall accrue to Buyer, its successors, assigns and customers. Warranty failures may be returned to Supplier for repair, replacement or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Deliverables shall be new and not reconditioned (unless otherwise agreed to in writing between the parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this order or afforded by Seller Law, Buyer shall be entitled to avail itself cumulatively of all remedies in writingLaw or in equity. Seller's sole obligation and Purchaser’s exclusive remedy Notwithstanding anything to the contrary to this Section 7. Buyer shall be entitled to full compensation for any justified claim under this warranty shall be and all losses, damages, costs and expenses (including but not limited to one rework costs, overtime charges, cost of the followingmanufactured or partially manufactured assemblies, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price fines and penalties paid by the original Purchaser Buyer and/or claimed by any customer of the Product. This express warranty does not apply to, Buyer related to a breach of Supplier’s warranties hereunder) and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable other similar amounts suffered or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTincurred.

Warranty. Seller SELLER warrants that if any product of its manufacture upon examination is found by a SELLER’S representative to be defective in either workmanship or material under normal use and service SELLER, at its option, will repair or replace same free of charge including lowest transportation charges but not cost of installation or removal, or have the Products sold by Seller to Purchaser conform to Seller’s specifications and are free purchase price refunded, provided that SELLER receives a written claim specifying the defect within ninety (90) days from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for date of distributor sale or one (1) year from the date of original purchasefactory shipment, whichever occurs first. SELLER further warrants that if a service performed by it for BUYER in installation or repair of equipment or parts examination of SELLER’S manufacture is found by a SELLER’S representative to be defective in workmanship under normal use and service, SELLER, at its option, will repair or replace same free of charge including lowest transportation charges or will refund the purchase price thereof, provided that SELLER receives written claim specifying the defect within ninety (90) days from date of service. The performance of a service by SELLER with respect to machinery, apparatus, accessories, materials, or supplies provided by BUYER or not manufactured by SELLER are specifically excluded from SELLER’s warranty. All warranties apply only with respect to the original Purchaser unless otherwise agreed machinery, apparatus, accessories, materials or supplies not manufactured by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty SELLER shall be limited to one their respective warranties of the followingmanufacturers thereof, at Seller’s sole discretion: (a) repair or replacement if any, which SELLER may be permitted to pass on to BUYER. The effects of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply tocorrosion, and no warranty remedy will be given forerosion, Product issues resulting from: (a) accident, acts of naturemisuse, improper installationinstallation (if not by SELLER), improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, neglect and normal wear or and tear of replaceable parts such as spouts and hoses, or other causes not directly arising are specifically excluded from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerSELLER’S warranty. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, IMPLIED INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE ARE HEREBY DISCLAIMED. IN SUBJECT TO CLAUSE 14(c) BELOW, THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION FOREGOING EXPRESSES ALL OF SELLER’S OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE ONE YEAR WARRANTY PERIOD PRODUCTS AND TO THE REPLACEMENT VALUE OF THE PRODUCTSERVICES FURNISHED BY IT HEREUNDER. The liability of SELLER, on any claim of any kind, whether based on warranty, contract, negligence or otherwise, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any equipment covered by or furnished under this contract shall, subject to clause 14(c) below, in no case exceed the purchase price, and upon expiration of the warranty period all such liability shall terminate. The foregoing shall, subject to clause 14(c) below, constitute the sole liability of SELLER.

Warranty. Seller warrants to Buyer that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for one year a period of 12 months from the date of original purchaseinitial operation or 24 months from shipment, whichever is first. All warranties apply only No breach of warranty claim against Seller will be allowed unless asserted in writing within 30 days after the date within the warranty period on which the defect is or should have been discovered by Buyer. For Services, Seller warrants that any work it performs shall be free from defects in workmanship for a period of 90 days after the work is completed. Seller shall receive a reasonable opportunity to review the original Purchaser unless otherwise agreed by warranty claim, absent which the Seller in writingis not liable for any consequences resulting from the alleged defect. Seller shall not be responsible for any defect(s) which result from Buyer’s actions and does not cover any equipment that has been altered or subjected to misuse or accident, or improper storage, installation, assembly, maintenance, or application. Seller does not warrant that the equipment or any part of the equipment will resist the action of an erosive or corrosive environment. Seller's ’s sole obligation liability and Purchaser’s Buyers sole and exclusive remedy for any justified claim under this warranty shall be limited to one the repair or replacement of the followingsuch equipment by Seller, at Seller’s sole discretion: option and cost (atransportation, removal and reinstallation are not covered) repair or replacement re-performance of the Product Services. The warranty shall not apply if initial operation commences more than 12 months after shipment. No warranty or (b) a credit for representation is made as to the price paid by the original Purchaser useful life of the ProductProducts or Services. This express warranty does not apply to, and no warranty The foregoing shall constitute the sole remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, Buyer and Seller’s sole liability whether in warranty or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerotherwise. EXCEPT FOR THE LIMITED THIS WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS IS EXCLUSIVE AND IS OFFERED IN LIEU OF ALL IMPLIED OR IMPLIEDSTATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE, ANY OTHER EXPRESS OR AGAINST INFRINGEMENT. IN THE EVENT IMPLIED WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTOR REPRESENTATION.

Warranty. Seller warrants that the Products sold by Seller Peak hereby assigns to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingCustomer, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed extent possible, the benefits of any warranties provided to Peak by Seller in writingthe manufacturer(s) of the Hardware and Media. Seller's sole obligation Zebra’s warranty information is found at: xxxxx://xxx.xxxxx.xxx/us/en/support- downloads/warranty/product-warranty.html Peak’s obligations and Purchaser’s exclusive remedy for any justified claim liability under this warranty shall be is conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Customer, and is limited to one of the followingrepairing or, at SellerPeak’s sole discretion: (a) option, to replacing the Hardware/Media or, if Peak is unable to repair or replacement of replace the Product or (b) a credit for Hardware/Media, to refund the purchase price paid by the original Purchaser of the ProductCustomer to Peak. This express warranty does shall be void if the Hardware/Media is damaged or rendered unusable by the willful act, negligence and/or tampering of persons other than Peak. Peak makes no warranty or guaranty for any hardware or third- party materials. Customer understands that Peak is not apply toresponsible for, and will have no warranty remedy will be given liability for, Product issues resulting from: (a) accidenthardware, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosessoftware, or any other causes not directly arising from defects in materials items or workmanship; (b) any Product damaged services provided to Customer by the failure of the owner to useany persons other than Peak. TO THE FULLEST EXTENT ALLOWED BY LAW, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTHE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS ATTACHMENT, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS Peak DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIEDIMPLIED WITH REGARD TO THE SERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR THESE DISCLAIMERS OF WARRANTY PERIOD AND TO THE REPLACEMENT VALUE CONSTITUTE AN ESSENTIAL PART OF THE PRODUCTTHIS ATTACHMENT.

Warranty. Seller COMPANY represents and warrants to Representative that the Products, for a period of [***], will be free from material defects in materials and workmanship and will operate substantially in conformance with COMPANY’s documentation. This warranty period begins the date Products sold by Seller are shipped from Representative to Purchaser conform its Customers. The foregoing warranty does not apply to Seller’s specifications any Products which have been subject to misuse, including but not limited to static discharge, neglect, accident or modification or which have been soldered or altered during assembly and are free from defects in material and workmanshipnot capable of being tested by COMPANY under its normal test conditions. Unless otherwise specified by Seller in writing, this warranty extends COMPANY’s obligation for one year from the date of original purchase. All warranties apply only Products failing to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under meet this warranty shall be limited to one refund the purchase price of the followingnonconforming Product, at Selleror to replace or repair the nonconforming Products, provided that Representative follows COMPANY’s sole discretion: (a) repair or RMA procedures. COMPANY shall bear the cost of freight and insurance for returned Products. The warranty on any replacement Product shall be the same as that of the Product original Products. Representative will have no right or (b) a credit for authority to make any further representations, warranties or guarantees on behalf of COMPANY in connection with the price paid by the original Purchaser sale of the ProductProducts to its Customers. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND NON-TRANSFERABLE AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR AGAINST INFRINGEMENTLIABILITY IN CONNECTION WITH SALE OR USE OF THE PRODUCTS AND COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCT OTHER THAN THE COMPANY PRODUCTS. IN THE EVENT WARRANTIES EXIST AT LAW ANY PROTOTYPES OR PRE-RELEASE COMPANY PRODUCTS THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH FURNISHED BY COMPANY ARE FURNISHED “AS IS” WITH NO WARRANTIES SHALL BE OF ANY KIND. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTREMEDY.

Warranty. Seller Contractor warrants that the Products sold by Seller to Purchaser all Work performed shall conform to Seller’s specifications the specifications, requirements and are other descriptions set forth in this Contract and shall be free from defects (patent or latent) in material and design, materials or workmanship. Unless Contractor further warrants that all Deliverables supplied shall be of the quality specified, or of the best grade if no quality is specified, and, unless otherwise specified by Seller provided in writingthis Contract, this warranty extends will be new. At any time for one year a period of two (2) years from the date of original purchase. All warranties apply only final completion of the Work and acceptance by Company, Contractor shall at its own expense (including in/out costs) promptly repair, replace and/or re-perform any portion of the Work that is defective or in any way fails to conform to the Contract requirements. Any repair, replacement or re-performance will meet the requirements of this Contract for a further period of one (1) additional year following Company’s acceptance of such repair, replacement or re-performance, or the remainder of the original Purchaser unless otherwise agreed two (2) year period, whichever is longer. If Contractor fails to promptly make any repair, replacement or re-performance as required herein, Company may conduct the necessary repair, replacement or re-performance at Contractor’s expense. The Contractor cannot void the warranty for repair, replacement or re-performance performed under these circumstances. Provided that such repair, replacement or re-performance is conducted in a reasonable manner, the Contractor shall reimburse the Company for the cost of any warranty repair, replacement or re-performance self-performed by Seller in writingCompany or by Company’s contractor(s). Seller's sole obligation and Purchaser’s exclusive remedy If any Deliverables or Work fails to meet the foregoing warranties, the Company shall have the right to self-perform Emergency warranty work as Company deems necessary. The Company agrees to notify the Contractor of such Emergency work within a reasonable time thereafter. The Contractor cannot void the warranty for any justified claim repairs, replacement or re-performance performed under this warranty these Emergency circumstances. Provided that the Emergency repairs, replacement or re-performance is performed in a reasonable manner, the Contractor shall be limited to one of reimburse the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit Company for the price paid cost of any Emergency warranty work self-performed by the original Purchaser of the ProductCompany or by Company’s contractor(s). This The foregoing warranties are not intended as a limitation, but are in addition to all other express warranty does not apply towarranties set forth in this Contract and such other warranties as are implied by law, custom, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts usage of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTtrade.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement Services are warranted to be in substantial conformity with industry standards and consistent with the standards established under Exhibit B attached hereto. Services that are custom-made for Reseller will meet the terms for their development accepted in writing by eCom. eCom Technical Support may provide response measures, in the sole discretion of eCom, that are in addition to the Product or foregoing warranties. Warranties on third-party software, services, equipment, etc. are limited to such third party’s licensing terms and conditions. (b) eCom does not warrant that the Service shall be uninterrupted or error free or that it shall meet Reseller’s or any Reseller Customer’s needs but eCom shall be subject to the Service Level Agreements under Exhibit B attached hereto. Reseller shall be solely responsible for the accuracy and integrity of data, reports, documentation and internal security with respect to or arising from Reseller as well as Reseller Customers and their Consumers up to the point that they are delivered to eCom. eCom shall be solely responsible for the accuracy and integrity of data, reports, documentation and internal security with respect to or arising from their delivery and manipulation until such time as they are returned to Reseller. Reseller Customers, and their Consumers. eCom makes no representation or warranty that any payee on any remittance item transmitted pursuant to services performed under this Agreement will post a credit to the paying Consumer’s account in an accurate or timely manner. (c) eCom will provide, upon written request from Reseller a description of security methods and procedures employed by eCom and will from time to time modify those security methods and measures as required to make them compliant with the then current reasonable industry standards as well as all applicable laws, rules and regulations. Reseller will employ such procedures as are appropriate to secure the integrity of its data in its possession. Reseller understands that certain risks are inherent in the transmission of information over the Internet, and eCom shall incur no liability for the price paid breach of its or Reseller’s security measures unless caused by the original Purchaser willful misconduct or gross negligence of eCom, its employees, agents, contractors or other third parties on behalf of eCom. (d) eCom shall be responsible for its processing errors and shall immediately correct any such errors. (e) eCom will hold Reseller harmless from any damages or liabilities resulting from third-party claims that the Services infringe U.S. patents, copyrights or similar intangible rights, provided that Reseller will promptly notify eCom of the Product. This express warranty does not apply tomatter, cooperate (on a non-monetary basis) with eCom as requested, and no warranty remedy will be given forpermit eCom to control the investigation, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts defense and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure disposition of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTsame.

Warranty. Seller warrants to Purchaser that the Products sold any products provided by Seller to Purchaser conform to Seller’s specifications and are hereunder shall be free from defects in material or workmanship under normal use and workmanshipoperation during the warranty period stated herein. Unless otherwise specified by Seller If any catalog products provided hereunder prove to be defective in writing, this warranty extends for material and workmanship within a period of ten (10) years from the date of manufacture or any non-catalog products provided hereunder prove to be defective in material and workmanship within a period of one (1) year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller manufacture, Seller, if promptly notified thereof in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, will correct such defect at its own expense by, at Seller’s sole discretion: (a) repair its option, repairing or replacement of replacing the Product or (b) a credit for the price paid defective products. Products manufactured by third party are covered by the original Purchaser of the Productmanufacturers’ warranty. This express warranty does not apply toTHE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OF THE SELLER. ALL OTHER WARRANTIES, and no warranty remedy will be given forWRITTEN OR ORAL, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERSTATUTORY, EXPRESS OR IMPLIED, . INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THESE TERMS OF SALE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDClaims for defective products shall be subject to verification by an authorized employee of Seller. No products shall be returned to Seller without its prior written consent. Products which Seller consents to have returned shall be shipped prepaid F.O.B. the seller’s factory or other location designated by the Seller. Seller shall not assume responsibility or accept invoices for unauthorized repairs or alterations its products, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTeven though defective. Any replacement or repaired product furnished under this warranty by Seller shall be warranted for the balance of the warranty period and under the same warranty conditions as applicable to the original product.

Warranty. Seller Peak warrants that it will render the Products sold Maintenance Services in a good and workmanlike manner. Peak warrants to Customer for a period of thirty (30) days following the performance of any installation work by Seller Peak, that such work will be performed in a good and xxxxxxx- like manner. In the event of any material failure to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writingmeet such standard, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and PurchaserCustomer’s exclusive remedy and Peak’s sole responsibility shall be for any justified claim Peak to re-perform the Maintenance Services or, if in Peak’s discretion it is not commercially reasonable to re-perform the Maintenance Services, provide Customer with a refund of the Maintenance Fees paid by Customer for the current Term. Peak’s obligations and liability under this warranty are conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Customer. Timely completion of Maintenance Services by Peak is subject to the timely satisfaction by Customer of any Customer obligation or requirement. This warranty shall be limited to one of void if the following, at Seller’s sole discretion: (a) repair Hardware is damaged or replacement of the Product or (b) a credit for the price paid rendered unusable by the original Purchaser willful act, negligence and/or tampering of the Productpersons other than Peak. This express warranty does not apply toTO THE FULLEST EXTENT ALLOWED BY LAW, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerTHE WARRANTIES PROVIDED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY AS EXPRESSLY SET FORTH ABOVEIN THIS ATTACHMENT, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS Peak DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIEDIMPLIED WITH REGARD TO THE SERVICES PROVIDED UNDER THIS ATTACHMENT, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR THESE DISCLAIMERS OF WARRANTY PERIOD AND TO THE REPLACEMENT VALUE CONSTITUTE AN ESSENTIAL PART OF THE PRODUCTTHIS ATTACHMENT.

Warranty. Seller Caselle warrants that it has sufficient right and title to the Products sold by Seller Software to Purchaser conform to Seller’s specifications and are free from defects in material and workmanshipgrant You this Right. Unless otherwise specified by Seller in writing, this warranty extends for For one (1) year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one receipt of the followingSoftware ("Warranty Period"), at Seller’s sole discretion: (a) repair or replacement of Caselle also warrants the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will Software media to be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising free from defects in materials and workmanship under normal use, and Software operation will substantially conform to the specification published by Caselle. If an error or workmanship; (b) any Product damaged a defect in the Software or its media becomes apparent within the Warranty Period You must promptly notify Caselle, in writing, describing the defect. Upon confirming the error or defect Caselle will, at its exclusive option, repair or replace the item or refund the price paid for the defective item. Caselle does not warrant that the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. The warranty does not cover Software modified by the anyone other than Caselle and problems with, or caused by, computer hardware or non-Caselle software. This limited warranty is VOID if failure of the owner to uselicensed Software has resulted from accident, maintain, abuse or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturermisapplication. EXCEPT FOR AS SPECIFICALLY STATED IN THE LIMITED WARRANTY SET FORTH ABOVESECTION OF THIS AGREEMENT, SELLER MAKES NO WARRANTY WHATSOEVERTHE SOFTWARE IS LICENSED "AS IS" WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN NO EVENT SHALL CASELLE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDUSE OF OR INABILITY TO USE THE SOFTWARE OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE EVEN IF CASELLE OR ITS AGENT HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASELLE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DAMAGE WILL NOT, IN ANY EVENT, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER BASIS, EXCEED THE LICENSE FEES PAID BY YOU FOR THE LICENSED SOFTWARE GIVING RISE TO SUCH LIABILITY.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to will operate or perform substantially in conformance with Seller’s 's published specifications and are be free from defects in material and workmanship, when subjected to normal, proper and intended storage and usage by properly trained personnel, for the duration of the manufacturer’s warranty period set forth in the product documentation, published specifications or package inserts. Unless otherwise If a manufacturer’s warranty period is not specified by Seller in writingthe product documentation, this published specifications or package inserts, the warranty extends for period shall be one (1) year from the date of original purchaseshipment to Buyer for equipment, and the earlier of any stated expiry dates or ninety (90) days for all other products (the "Warranty Period"). All warranties apply only In the case of laboratory chemical products, retest dates on Products have no effect on the warranty period. Seller agrees during the Warranty Period, to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingrepair or replace, at Seller’s sole discretion: 's option, defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Buyer shall (a) repair or replacement promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the Product or warranty claim; and (b) after Seller's review, Seller will provide Buyer with service data and/or a credit Return Material Authorization ("RMA"), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Seller's Terms and Conditions of Sale. Consumables are expressly excluded from this warranty. If Seller elects to repair defective medical device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the price paid instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third-party supplier are not warranted by Seller and Seller disclaims all warranties associated with the accuracy of any original manufacturer or third-party supplier Product information, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original Purchaser manufacturer or third-party supplier, to the extent such assignment is allowed by such original manufacturer or third-party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of the Product. This express warranty does not apply to(i) normal wear and tear, and no warranty remedy will be given for, Product issues resulting from: (aii) accident, acts disaster or event of natureforce majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper installation, improper assembly, unreasonable storage and handling of the Products or improper use, lack (vii) use of proper maintenance, unauthorized repairs the Products in combination with equipment or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes software not directly arising from defects in materials or workmanship; (b) any Product damaged supplied by Seller. If Seller determines that Products for which Xxxxx has requested warranty services are not covered by the failure warranty hereunder, Buyer shall pay or reimburse Seller for all costs of the owner investigating and responding to usesuch request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, maintainBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT FOR THE LIMITED AS EXPRESSLY PROVIDED IN THIS WARRANTY SET FORTH ABOVESTATEMENT, SELLER MAKES NO WARRANTY WHATSOEVERDISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTWILL ACCOMPLISH ANY PARTICULAR RESULT.

Warranty. Seller warrants that the Products sold by Seller items ordered hereunder at the time of shipment to Purchaser conform to Seller’s specifications and are be free from defects in material material, workmanship, and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to conform to the original Purchaser unless otherwise agreed by Seller in writingcontract specification. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim liability under this warranty Warranty shall terminate one (1) year after date of shipment. Some individual products include extended warranties and extended warranties may be purchased as requested and quoted. Written notice of any defects shall be limited to one given Seller upon discovery and Seller shall promptly correct such defects by repair or replacement, at its option, without charge, either FCA Seller's plant or service in the field. IN NO EVENT SHALL SELLER'S LIABILITY UNDER THIS WARRANTY EXCEED THE COST OF REPAIR OR REPLACEMENT OF SUCH DEFECTIVE ITEM AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. Specifically excluded from this Warranty are: a. Defects or nonconformance caused by and resulting from improper operation, maintenance, or storage of the followingequipment. b. Items of characteristically indeterminate life, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesbulbs, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to usefuses, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufactureretc. EXCEPT THIS WARRANTY CONSTITUTES SELLER'S SOLE AND EXCLUSIVE LIABILITY HEREUNDER AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERDEFECTIVE OR NONCONFORMING ITEMS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS IMPLIED OR IMPLIED, STATUTORY (INCLUDING ANY THE WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE).

Warranty. Seller 7.1 Delta warrants and represents that the Products sold Services provided herein shall be accomplished in a manner to comply with the provisions set forth in subsection 1.3 and to the extent that any such parts or materials are overhauled, rebuilt or repaired by Seller to Purchaser conform to Seller’s specifications and are Delta, shall be free from defects in workmanship. All parts or materials furnished by Delta under this Agreement shall have been subject to Delta’s own receiving procedures and will be selected in accordance with industry standards and shall bear an appropriate airworthiness tag. Delta will replace at no charge any such parts or materials that do not conform to the foregoing description. EXCEPT AS PROVIDED HEREIN, DELTA SPECIFICALLY DISCLAIMS AND MN AIRLINES WAIVES ANY RIGHT TO ASSERT ANY CLAIM ON ACCOUNT OF MN AIRLINES ANY WARRANTY AS TO THE QUALITY OF SUCH PARTS OR MATERIALS. 7.2 Delta will accrue any Component repair warranties which it or MN Airlines may have received from the manufacturer or vendor if such warranties have not been extinguished. As a condition precedent to performing Services, MN Airlines, Delta, and The Boeing Company shall be required to execute a warranty assignment agreement or any such similar agreement deemed necessary to establish Delta as an Authorized Agent (Agent) for MN Airlines and for Delta to act directly with Boeing under MN Airlines’ Customer Services General Terms Agreement (CSGTA) and requests Boeing to treat Agent as Customer with respect to the rights and powers of Customer under the CSGTA, but only as each relates to Components. MN Airlines will retain warranty rights for consumables (material and workmanshiplabor) that MN Airlines personnel change or repair and labor cost recovery for rotable parts that are changed by MN Airlines personnel. Unless otherwise specified by Seller in writingAdditionally, this warranty extends for one year as required, MN Airlines will use commercially reasonable efforts to assign to Delta any warranties it has received from the date manufacturer, lessor, or vendor of original purchaseComponents if such warranties have not been extinguished. MN Airlines and Delta shall execute all reasonable documents required by the manufacturer, lessor or vendor in order to effect assignment of any Component warranties MN Airlines may have received. All warranties apply only assignments of Component warranty rights to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation Delta pursuant to this Section will expire immediately upon termination or expiration of this Agreement and Purchaser’s exclusive remedy for any justified claim under this warranty shall payment to Delta of all amounts due hereunder, whether or not then invoiced or yet to be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply toinvoiced, and no warranty remedy such rights will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner revert back to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTMN Airlines.

Warranty. Seller (a) MacroPore represents and warrants to Medtronic that the all Developed Products sold under this Agreement will have been manufactured and packaged in accordance with all applicable laws and regulations, including (as applicable) FDA GMP requirements, European Medical Device Directive requirements, ISO 9001 certification or successor requirements, and all other applicable manufacturing requirements. Upon prior written notice, MacroPore shall cause Medtronic's regulatory personnel to be provided with reasonable access from time to time to the facilities and records of MacroPore for the purpose of confirming MacroPore's and the Product's compliance with all applicable laws and regulations. (b) MacroPore warrants to Medtronic and to Medtronic's customers that Developed Products shall, when delivered to Medtronic, meet the Specifications and, for a period of one year after delivery of the Product to the customer but not more than two years after receipt by Seller to Purchaser conform to Seller’s specifications and are Medtronic, be free from defects in material materials and workmanship. Unless otherwise specified by Seller The foregoing express warranty is contingent upon proper use of the Developed Products in writingthe applications for which they were intended as indicated in the Product label claims. Medtronic shall invoice MacroPore for, this warranty extends and MacroPore shall promptly pay, all shipping, transportation, insurance and other expenses actually incurred in replacing defective Developed Products that were under warranty. MacroPore will repair, replace or credit Medtronic's account for one year from any Product that it reasonably determines was defective at the date time of original purchase. All warranties apply only shipment to Medtronic or that does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole express warranties herein; provided, however, that MacroPore shall have no obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product make replacements or (b) a credit for the price paid grant credits necessitated in whole or in part by the original Purchaser of the Product. This express warranty does not apply toaccidents; failure to maintain in accordance with any transportation, and no warranty remedy will be given forstorage, Product issues resulting from: (a) accidenthandling, or maintenance, instructions supplied by MacroPore; damage by acts of nature, improper installationvandalism, improper assembly, unreasonable burglary neglect or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, misuse; or other causes not directly arising from defects in materials fault or workmanship; negligence of Medtronic or (bexcept for any strict liability of MacroPore) the customer or user. Prior to returning any Product damaged by the failure alleged to be defective, Medtronic shall notify MacroPore in writing of the owner to useclaimed defect and shall include the model and lot/serial number of such Product, maintainas well as the number and date of the invoice therefor. No Product shall be returned without first obtaining a returned goods authorization from MacroPore, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwhich authorization shall not be unreasonably withheld.

Warranty. Seller 12.1 Solectron warrants for a period of one (1) year from the date of manufacture of the Products, that (i) the Products sold by Seller to Purchaser will conform to Seller’s the specifications applicable to such Product at the time of its manufacture, which are furnished in writing by Customer; (ii) such Products will be of good material (supplied by Solectron) and are workmanship and free from defects for which Solectron is responsible in material the manufacture; (iii) such Products will be free and workmanshipclear of all liens and encumbrances and that Solectron will convey good and marketable title to such Products. Unless otherwise specified Warranties on any components purchased from third-party vendors ("Vendor Components") are limited to the warranties provided by Seller in writing, this warranty extends the component manufacturers or Vendors. Solectron will use reasonable commercial efforts to make all warranties of its component suppliers assignable to Customer. Solectron shall pass on any unexpired assignable warranties for any such Vendor Components to Customer until the expiration of such warranties or up to a maximum of one year from the date of original purchasemanufacture of the Products by Solectron, whichever period is lesser. All warranties apply only to In the original Purchaser unless otherwise agreed by Seller event that any Products manufactured shall not be in writing. Sellerconformity with the foregoing warranties, Solectron shall, at Solectron's sole obligation and Purchaser’s exclusive remedy option, either credit Customer for any justified claim under this warranty shall be limited such nonconformity (not to one of exceed the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the purchase price paid by the original Purchaser Customer for such Products), or, at Solectron's expense, replace, repair or correct such Products. The foregoing constitutes Customer's sole remedies against Solectron for breach of the Product. This express warranty does not apply toclaims. 12.2 Solectron shall have no responsibility or obligation to Customer under warranty claims with respect to Products that have been subjected to abuse, and no warranty remedy will be given formisuse, Product issues resulting from: (a) accident, acts of naturealteration, improper installationneglect or unauthorized repair. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, improper assemblyAND SOLECTRON EXPRESSLY DISCLAIMS AND CUSTOMER WAIVES ALL OTHER REPRESENTATIONS AND WARRANTIES, unreasonable or improper useEXPRESS, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTUSE.

Warranty. Unless otherwise agreed in writing, the Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s Products, when properly used, stored and maintained, and if properly assembled and installed, shall comply with the technical specifications pertaining thereto and are shall be free from defects in material materials and workmanship. Unless otherwise specified by workmanship and the Seller undertakes, at its sole option, either to repair or replace in writing, this warranty extends for one year from its premises and at its expense the Products found to be defective within twelve (12) calendar months of the date of original purchasedelivery or credit the Buyer the purchase price of such defective Products. All warranties apply only Buyer shall notify the Seller, in writing and without delay, the defects discovered and shall give to Seller all evidence and justification available. The Seller's warranty does not extend to (i) any defect, damage or loss due to misuse, normal wear and tear, accident, disaster, abuse, neglect, and (ii) defect, damage or loss caused by Product which has been repaired or altered by the Buyer or a third party without the Seller's prior written approval, and (iii) defects, damages or losses arising out of incorrect or insufficient specifications, drawings, data or instructions furnished by the Buyer. In case any returned Product is being found on investigation by the Seller to be outside the scope or duration of the warranty or the fault being unconfirmed, the Seller is entitled to charge the Buyer all costs incurred by the Seller in connection therewith. The Buyer must receive a return material authorization number from the Seller prior to returning faulty Products covered by the Seller’s warranty. Freight and insurance costs for return of faulty Products to the original Purchaser unless otherwise agreed Seller will be borne by Seller in writingthe Buyer and freight and insurance cost for the delivery of repaired Products and replacement Products to the Buyer will be borne by the Seller. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair Repair or replacement of Products shall not extend the original warranty period. The warranty given in this Clause constitutes the only representations and warranties made by the Seller with respect to the Products supplied by the Seller and any other warranties, whether express or implied by law or otherwise, such as fitness for purpose or merchantability, are expressly disclaimed and excluded. Seller shall not be liable for costs, expenses and any other damages or losses associated with inspection, test, removal, reassembly, rework operations incurred as a reason of Products defaults and repair or replacement. The Buyer shall provide the Seller with any relevant information for a Product or defect analysis, including without limitation the concerned Product traceability. The Buyer shall comply with the instructions of the Return Material Authorization (bRMA) a credit for the price paid identified defective Products’ return or destruction. In case of non-compliance with Seller’s instructions within thirty (30) calendar days, the Seller shall not be liable for any and all damages caused by the original Purchaser of the Product. This express warranty does not apply to, defective Products and such Products shall no warranty remedy will longer be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged covered by the failure of warranty herein described. Therefore, the owner Buyer shall not be entitled to use, maintain, or store the Product as specified in claim any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTindemnification.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and All materials supplied under this Contract are free from warranted against defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of 30 days from the date of original purchaseinstallation of such material. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's Haemonetics’ sole obligation and Purchaser’s exclusive remedy for any justified claim responsibility under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of replace any material found to be defective. Haemonetics reserves the Product right to use new or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized refurbished parts to perform repairs or modificationsmaintenance covered by this Contract. Labor required to repair or replace such material following expiration of this Agreement, abusebut within the warranty period for said material, normal wear or tear shall be supplied at Haemonetics’ per call rates and terms then in effect. Disclaimer of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerWarranties. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH STATED ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS HAEMONETICS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE MATERIALS OR IMPLIEDSERVICES SUPPLIED HEREUNDER, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND FITNESS, FITNESS AND THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF HAEMONETICS FOR A PARTICULAR PURPOSE DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES ARISING OUT OF OR AGAINST INFRINGEMENTIN CONNECTION WITH THIS AGREEMENT AND THE MATERIALS AND SERVICES PROVIDED HEREUNDER. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDLimitation of Damages. Haemonetics is not responsible for any loss, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTdamage or injury resulting from delay in rendering service under this Contract. In no event will Haemonetics’ aggregate liability exceed the amount actually received by Haemonetics during the applicable contract period. Any legal action must be brought by Customer within one year after the cause of action accrues. Limits on Contract. This Agreement and the warranty provided above are void with respect to an item of Equipment if (a) Customer used any disposables or accessory products that are not manufactured by or specifically approved by Haemonetics for use with the Equipment, (b) repairs are made to the Equipment by persons not specifically authorized to do so by Haemonetics, (c) unauthorized modifications to the Equipment are made or (d) Customer fails to comply with operating conditions in the Equipment’s operating manuals. Customer shall be responsible for and shall pay Haemonetics at Haemonetics’ applicable time and material rates for any service which Haemonetics provides at Customer's request after a voiding event and before such voiding event is discovered by Haemonetics. Customer shall indemnify and hold Haemonetics harmless for all costs, expenses and liabilities arising out of or related to any voiding event.

Warranty. Seller 10.1 Hach warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends workmanship for a period of one (1) year from the date of original purchase. All warranties apply only to the original Purchaser shipment unless otherwise agreed specified by Seller in writing. Seller's Hach. 10.2 The sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited of Hach is to one of the followingrepair or replace, at Seller’s sole discretion: (a) repair or replacement of the its option, and without charge, any Product or (b) a credit for the price paid by the original Purchaser of the Product. part, which Hach manufactures and which Hach agrees is defective. 10.3 This express warranty does not apply tocover limited-life components unless expressly stated. In the case of equipment and accessories not manufactured by Hach, but which are furnished with equipment of Hach's manufacture, if warranty is extended by the manufacturers thereof and no transferable to Distributor, Hach transfers such warranty. 10.4 This warranty remedy will be given fordoes not cover Products which in Hach's or Distributor's opinion have become worn from normal use or have been damaged by misuse, Product issues resulting from: (a) negligence or accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized where disassembly and/or repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY have been attempted causing said defect. 10.5 UNLESS EXPRESSLY SET FORTH ABOVEIN THIS AGREEMENT, SELLER HACH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIEDOF ANY KIND WHATSOEVER WITH RESPECT TO ANY PRODUCTS FURNISHED HEREUNDER. HACH EXPRESSLY DISCLAIMS ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT SHALL HACH BE DISCLAIMEDLIABLE FOR DIRECT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTINDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 10.6 Distributor, acting only on its behalf, shall in the sale contract between it and its retail customer, provide a warranty similar to the one given to Distributor by Hach herein. Distributor shall promptly perform and fulfill any and all of the terms and conditions of each such warranty extended. Distributor agrees not to extend to its customers any Product warranty that is different from Hach's limited warranty set forth in this Section 10. 10.7 Notwithstanding any language in this Agreement to the contrary, Hach shall have the right to discontinue the availability of any Product or components or replacement parts therefor, or to make design changes or improvements in the Products at any time and such discontinuance or change shall not constitute a breach of warranty, a breach of contract or result in liability for Hach under any legal theory whatsoever. Hach shall have no obligation to retrofit, change or improve Product purchased by Distributor or Distributor's customers prior to the discontinuance or change.

Warranty. Seller ON Semiconductor warrants that its Products will, at the Products sold by Seller to Purchaser conform to Seller’s specifications time of shipment and are for a period of three years thereafter, be free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date be free of original purchase. All warranties apply only all liens and encumbrances, and will conform to the original Purchaser unless otherwise agreed ON Semiconductor’s approved specifications. If the Products are not as warranted, ON Semiconductor shall, at Buyer’s option, and as Buyer's exclusive remedy, either refund the purchase price, or replace with the same or equivalent Products that meet this Warranty. Xxxxx must advise ON Semiconductor in writing of any claims within the warranty period and obtain ON Semiconductor’s return authorization, and return the Products to a facility or location directed by Seller in writingON Semiconductor. Seller's sole obligation If the Products are not as warranted, ON Semiconductor shall replace the non- conforming Products, or issue a credit equal to the purchase price, and Purchaser’s exclusive remedy shall reimburse Buyer for any justified claim under this warranty commercially reasonable cost of transporting the non-conforming Products. In no event, however, shall ON Semiconductor be limited responsible for any non-conformance or other defects in the Products resulting from improper handling during or after shipment, misuse, neglect, improper installation or operation, repair, alteration, accident or for any other cause not attributable to one defective workmanship or failure to meet specifications on the part of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the ProductON Semiconductor. This express warranty does Warranty shall not apply tobe expanded, and no warranty remedy obligation or liability will be given forarise, Product issues resulting from: (a) accidentdue to technical advice or assistance, acts of naturecomputerized data, improper installationfacilities or services ON Semiconductor may provide in connection with Buyer's purchase. DEVELOPMENT PRODUCTS AND LICENSED PROGRAMS ARE NOT WARRANTED AND ARE PROVIDED ON AN “AS IS” BASIS ONLY. THIS WARRANTY EXTENDS TO BUYER ONLY AND MAY BE INVOKED ONLY BY BUYER FOR ITS CUSTOMERS. ON SEMICONDUCTOR WILL NOT ACCEPT WARRANTY RETURNS FROM BUYER’S CUSTOMERS OR USERS OF BUYER’S PRODUCTS. THIS WARRANTY DOES NOT APPLY TO DEFECTS ARISING AS A RESULT OF BUYER’S DESIGN OR FORMULA. THE FOREGOING WARRANTY CONSTITUTES SELLER’S EXCLUSIVE LIABILITY, improper assemblyAND THE EXCLUSIVE REMEDY OF BUYER FOR ANY BREACH OF WARRANTY OR NON-CONFORMITY OF THE PRODUCTS. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, unreasonable or improper useEXPRESS, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS IMPLIED OR IMPLIEDSTATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, BUT NOT LIMITED TO THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications are free of material defects and are free from defects in material and workmanshipof merchantable quality. Unless otherwise specified by Seller in writing, this This warranty extends shall extend to the first ultimate user only for a period of one year from the date of original purchaseshipment. All This warranty shall not apply unless the Products have been properly installed, operated and maintained in accordance with Seller’s instructions. Buyer agrees that it has full responsibility for the accurate selection, application, installation and/ or use of the Products and for instructing ultimate users, if other than the Buyer, concerning use, application, maintenance, and advisements regard- ing the Products. Buyer agrees that the warranties provided herein shall not apply only to any Product which: has been repaired or altered outside of Seller’s factory in any way; has been subject to misuse, negligence, or accident; has been operated other than in accordance with Seller’s printed instructions; or has been subject to wear of wetted parts caused by Buyer’s application of the original Purchaser unless otherwise agreed by Seller in writingProducts. The Seller's sole ’s obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingfurnishing a replacement for, or at Seller’s option, repairing any part which, to Seller’s satisfaction, is defective, provided such part is returned, freight prepaid to Seller’s designated service facilities. Alternatively, Seller may, at its sole discretion: (a) repair or replacement of the Product or (b) , issue a credit for the price paid returned product. Return of repaired Products shall be at Buyer’s expense and risk. No part may be returned without Seller’s prior approval. Upon agreement with Buyer, Seller shall repair defective Products at Buyer’s premises and Buyer shall pay all reasonable expenses incurred by Seller with regard to all trips made for the purpose of repairing such Products. Products not manufactured by Seller are covered exclusively by the original Purchaser manufacturer’s warranty and Seller may, at its option, assign to Buyer its warranty claims against the original manufacturer of the Productdefective Products in full settlement of Buyer’s possible claims against Seller with regard to such Products. This express warranty does not apply toTHE WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE AND EXPRESS- LY IN LIEU OF ALL OTHER WARRANTIES, and no warranty remedy will be given forWRITTEN, Product issues resulting from: (a) accidentORAL, acts of natureIMPLIED OR STATUTORY, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerINCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR PURPOSE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEIN ADDITION, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY SHALL NOT BE DISCLAIMEDLIABLE FOR ANY LOSS, PURCHASER AGREES THAT DAMAGE OR INJURY OF ANY NATURE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL (FOR EXAMPLE LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR ANY OTHER EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIP- MENT, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE DAMAGES EVEN IF SELLER HAS BEEN INFORMED OF THE PRODUCTPOSSIBILITY OF SUCH DAMAGE OR LOSS BY BUYER OR ANY THIRD PARTY) AND OTHER RISK(S) IN CONNECTION WITH OR RESULTING FROM USE OF THE PRODUCTS.

Warranty. Seller 12.1 Fine Pitch warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for a period of one (1) year from the date of original purchase. All warranties apply only manufacture of the Product, that (i) the Product will conform to the original Purchaser unless otherwise agreed specifications applicable to such Product at the time of its manufacture, which are furnished in writing by Seller Customer and accepted by Fine Pitch; (ii) such Product will be of good material (supplied by Fine Pitch) and workmanship and free from defects for which Fine Pitch is responsible in writingthe manufacture; (iii) such Product will be free and clear of all liens and encumbrances and that Fine Pitch will convey good and marketable title to such Product. SellerIn the event that any Product manufactured shall not be in conformity with the foregoing warranties, Fine Pitch shall, at Fine Pitch's sole obligation and Purchaser’s exclusive remedy option, either credit Customer for any justified claim under this warranty shall be limited such nonconformity (not to one of exceed the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the purchase price paid by the original Purchaser of the Customer for such Product), or, at Fine Pitch's expense, replace, repair or correct such Product. This express The foregoing constitutes Customer's sole remedies against Fine Pitch for breach of warranty does not apply toclaims. 12.2 Fine Pitch shall have no responsibility or obligation to Customer under warranty claims with respect to Products that have been subjected to abuse, and no warranty remedy will be given formisuse, Product issues resulting from: (a) accident, acts of naturealteration, improper installationneglect or unauthorized repair. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, improper assemblyAND FINE PITCH EXPRESSLY DISCLAIMS AND CUSTOMER WAIVES ALL OTHER REPRESENTATIONS AND WARRANTIES, unreasonable or improper useEXPRESS, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTUSE.

Warranty. (a) Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications all products delivered hereunder including all components and are raw materials incorporated therein, as well as products corrected under this warranty, shall be free from defects in material workmanship, materials, and workmanshipmanufacture, shall comply with the requirements of this contract, including compliance with any drawings or specifications incorporated herein or to any samples furnished by Seller, and where design is Seller’s responsibility, be free from defects in design. Unless Seller further warrants all products purchased hereunder shall be of merchantable quality, shall be fit and suitable for the purpose intended by Buyer and shall not infringe any third party intellectual property rights. The foregoing warranties are in addition to all other warranties, whether expressed or implied, and shall survive delivery, inspection, acceptance or payment by Buyer. (b) If any products delivered hereunder do not meet the warranties specified herein or otherwise applicable, Buyer may, at its election (i) require the Seller to promptly correct, at no cost to Buyer, any defective or non-conforming products by repair or replacement, at the location as specified by Buyer, or (ii) return such defective non-conforming products at Seller’s expense to Seller and recover from Seller the order price thereof. The foregoing remedies are in writingaddition to all other remedies at law or in equity or under this order, this warranty extends for one year from the date of original purchasedamages or otherwise shall not be deemed to be exclusive. All warranties apply only shall run to Buyer and to its customers. (c) Buyer’s approval and/or acceptance of Seller’s product or design shall not relieve Seller of the original Purchaser warranties set forth in this clause, nor shall waiver by Buyer of any drawing or specification requirement for one or more of the products constitute a waiver of such requirements for the remaining products to be delivered hereunder unless otherwise agreed so stated by Seller Buyer in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim The provisions of the clause shall not limit or affect the rights of Buyer under the clause hereof entitled: “Inspection.” (d) Claims by Buyer under this warranty shall may be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects exercised any time after final acceptance unless specifically agreed otherwise in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwriting.

Warranty. Subject to below section 18, Limitations of Liability, Seller warrants that the Products ECS sold by Seller to Purchaser conform to Seller’s specifications and are be free from defects in material and workmanship. Unless otherwise specified by Seller workmanship under normal use and service for a period of [**] ([**]) months from the date the ECS are put into service (but in writing, this warranty extends for one year case of PM 3000 it will be [**] months) or [**] ([**]) months from the date of original purchase. All warranties apply only to delivery, whichever occurs first, on the original Purchaser unless otherwise agreed by Seller condition that payment as provided in writingArticles 1, 2 of Article 3.1 is made and received in full and without delay. Seller's ’s sole obligation and PurchaserBuyer’s exclusive remedy for any justified claim under this warranty shall be limited for Seller, at its sole choice, to one repair or replace parts proven to be defective within the stated warranty period. Repair or replacement of parts under this warranty shall be done on DDP AMSC India basis. Title and risk of loss or damage of ECS sets replaced under warranty passes to Buyer in accordance with the followingContract as agreed between Seller and Buyer. If Seller determine that the ECS sets for which Buyer has requested warranty service is not eligible for warranty service for any reason, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller’s sole discretion: (a) repair then prevailing time and materials rates. The warranty for any repaired or replacement replaced parts shall be the balance of the Product or (b) a credit for the price paid by the original Purchaser of the Product[**] warranty period. Exclusions from Warranty - This express warranty does shall not apply to: ECS that have been repaired or altered other than by Seller in any way so as, and no warranty remedy will be given forin Seller’s judgment, Product issues resulting from: (a) to affect its reliability; ECS which have been subject to misuse, negligence, or accident, acts of natureor operating manual instructions/recommendations have not been followed; ECS for which recommended preventative maintenance has not been followed; material defects caused by normal wear; or equipment that is experimental, improper installation, improper assembly, unreasonable developmental or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTsupplied for evaluation purposes.

Warranty. Seller Supplier expressly warrants to Autocar and Autocar’s customers that during the period commencing on the date the Products sold are delivered to Autocar and ending on the one-year anniversary of the date the Products are installed on a truck (the “Warranty Period”), the Products shall: (i) be new; (ii) be in good and undamaged condition; (iii) be merchantable, fit and sufficient for the particular purposes and uses intended by Seller to Purchaser conform to Seller’s specifications Autocar and are its customers; (iv) be free from of any faults, defects or other deficiencies in design, manufacture, material and workmanship; (v) comply with all applicable laws and regulations in the United States and Canada, including safety, certification, packaging and labelling requirements; (vi) be in strict conformance with any specification, drawing or other description provided by Supplier to Autocar in connection therewith; (vii) not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any kind of any third party; and (viii) be free and clear of any liens, security interests or encumbrances of any kind whatsoever (collectively, the “Warranty”). Unless otherwise specified Supplier will, at Autocar’s option, repair or replace such Products free of charge, or take back the nonconforming parts and refund the funds paid by Seller in writingAutocar for such Products. Supplier will reimburse Autocar for all costs incurred relating to such Warranty claims, including replacement Products, repair or replacement labor, other field replacement costs and any incidental costs incurred by Autocar, including freight for return to and redelivery from Supplier of the defective and replacement Products. Supplier will pay warranty claims by check or wire transfer as directed by Autocar, within twenty (20) days of Supplier’s receipt of such warranty claims. Supplier will establish and maintain quality and control procedures necessary to ensure efficient and proper handling of Autocar’s warranty claims. If Supplier does not promptly fulfil its warranty obligations or if any situations arise which require the immediate performance of actions to remedy the breach of warranty, then, on notice to Supplier, Autocar or its customer or end-user may, without prejudice to other remedies, remedy the breach of warranty by any reasonable means (including the engagement of and procurement from third parties) and Supplier will be liable to and will promptly refund Autocar and its customer or end- user, as applicable, for all reasonable costs incurred for same. Without limiting Supplier’s warranties hereunder, Supplier will assign to Autocar the benefit of all assignable warranties provided by its subcontractors including all Supplier's warranties, and if Supplier is unable to assign such warranties, it will at Autocar's or its customer's or end-user's request pursue related warranty claims for Autocar's and its customer's or end-user's benefit. Notwithstanding any other provision of this warranty extends for one year from the date Agreement, all returns of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim Products under this warranty shall be limited to one of the followingshipped DDP claimant’s facility, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid and all shipping and other transportation charges shall be reimbursed by the original Purchaser of the Product. This express warranty does not apply toSupplier, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, re-stocking or other causes not directly arising from defects in materials fees shall apply. The provisions of this Section 12 shall survive any termination or workmanship; (b) any Product damaged by the failure expiration of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTAgreement.

Warranty. Seller GOODS: SELLER warrants that against defects on all GOODS of SELLER's manufacture for a period of (i) one (1) year from date of startup or use or (ii) eighteen (18) months from the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from date of shipment, whichever occurs first. PARTS: SELLER warrants against defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends on all PARTS for a period of one (1) year from the date of original purchaseshipment. All warranties apply only SERVICES: SELLER warrants against defects in workmanship on all SERVICES performed by SELLER for a period of ninety (90) days from the date of completion of such SERVICES. SELLER'S obligation to repair or replace any defective GOODS or PARTS or reperform any defective SERVICES during the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s warranty period shall be BUYER'S exclusive remedy for any justified claim and SELLER'S sole liability arising under this warranty shall or any warranty claim made by BUYER. In order to be limited entitled to one the foregoing warranties, BUYER must notify SELLER in writing of defects within the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express applicable warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerperiod. EXCEPT FOR THE LIMITED WARRANTY AS MAY BE OTHERWISE EXPRESSLY SET FORTH ABOVEIN WRITING HEREIN, THIS WARRANTY IS PROVIDED IN LIEU OF, AND SELLER MAKES NO WARRANTY WHATSOEVEREXPRESSLY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO ANY WARRANTY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDBUYER shall bear any and all costs of access (including removal and replacement of systems and structures), PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTde-installation, re-installation and transportation of GOODS and PARTS to SELLER and back to BUYER. No allowance will be made for repairs or alterations made by others without SELLER's prior written consent. If repairs or alterations are attempted without SELLER's prior written consent, this warranty shall be null and void. SELLER assumes no responsibility for damages caused by improper installation, including installation by unauthorized third parties, or by operation in violation of rated operating conditions, internal or otherwise, or by improper installation, use, handling or maintenance. None of the GOODS or PARTS furnished by SELLER shall be deemed defective by reason of failure to resist the action of erosive or corrosive gases or liquids or the deposition of foreign material from such gases or liquids. SELLER'S receipt of payment in full of all sums due to SELLER shall be a condition precedent to SELLER'S warranty obligations, and the making of any warranty claim by BUYER shall not excuse BUYER'S obligation to make timely payment of all sums due to SELLER. No repair, replacement or reperformance by SELLER shall extend the applicable warranty period.

Warranty. Seller (a) Licensor warrants that that, for a period of sixty (60) days after delivery of the Products sold by Seller Licensed Product to Purchaser conform to Seller’s specifications Licensee: (1) Under normal Use and are service, the media on which the Licensed Software is delivered (if so delivered otherwise than electronically) shall be free from defects in material and workmanship, and (2) The Licensed Product will meet Licensor's then current published specifications for the Software. (b) If the Licensed Product fails to meet the media warranty of Paragraph 8(a)(1) and Licensee gives Licensor written notice thereof during the applicable warranty period, Licensor shall replace such media. Unless otherwise specified by Seller in writingIf the Licensed Product fails to meet the warranty of Paragraph 8(a)(2) and Licensee gives Licensor written notice thereof during the applicable warranty period, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. SellerLicensor's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of provide technical services to attempt to correct the followingfailure, at Seller’s sole discretion: (a) repair provided that Licensee gives Licensor detailed information regarding the failure and Licensor is able to duplicate or replacement of view the same. Licensee acknowledges that the Licensed Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does is complex, may not apply tobe error free, and no warranty remedy will that all errors, if any, may not be given forcorrectable or avoidable. (c) EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPH 8 AND IN LIEU OF ALL OTHER WARRANTIES, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES THERE ARE NO WARRANTY WHATSOEVERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDSYSTEM INTEGRATION, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE ONE YEAR WARRANTY PERIOD AND LICENSED PRODUCT. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of the consumer, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Licensor's liability is limited to the greatest extent permitted by law. (d) Licensee shall be solely responsible for the selection, Use, efficiency, and suitability of the Licensed Product and Licensor shall have no liability therefor. (e) The warranty provision of this Paragraph 8 do not apply if the Software has been subject to modification by other than Licensor or on Licensor's instruction, has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Licensor, is subject to accident or abuse, or is used in ultra hazardous activities. (f) Licensor warrants that the Software is date compliant. The duration of this warranty and remedies available to the Licensee for breach of this warranty shall be limited to repair or replacement of the Software where such non-compliance is discovered and made known to Licensor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies Licensee may otherwise have under this Agreement with respect to other defects. (g) DESPITE ANY OTHER PROVISION HEREOF TO THE REPLACEMENT VALUE CONTRARY, LICENSOR'S LIABILITY OF ANY KIND SHALL NEVER EXCEED THE AMOUNT SET OUT IN PARAGRAPH 11. (h) Despite any other provision hereof to the contrary “UNACTIVATED SOFTWARE”, AS HEREIN DEFINED, IS SUBJECT TO NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS RELATING TO THE LICENSED PRODUCT.

Warranty. Seller A. Licensor warrants that the Products sold by Seller Product will conform, as to Purchaser conform all substantial operational features, to Seller’s Licensor's current published specifications when installed and are will be free from of defects in material and workmanship. Unless otherwise specified by Seller which substantially affect system performance. B. The Licensee must notify Licensor in writing, this warranty extends for one year from within 10 days of delivery of the date of original purchase. All warranties apply only Product to the original Purchaser unless otherwise agreed Licensee (not including delivery of any subsequent modifications to the Product), of its claim of any such defect. If the Product is found defective by Seller in writing. SellerLicensor, Licensor's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited is to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) remedy such defect in a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR manner consistent with Licensor's regular business practices. C. THE ABOVE IS A LIMITED WARRANTY SET FORTH ABOVE, SELLER AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY IMPLIED AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE PRODUCTPOSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCT AND SYSTEMS. D. If any modifications are made to the Product by Licensee during the warranty period, this warranty shall immediately be terminated. E. Licensee agrees that Licensor's liability arising out of contract, negligence, strict liability in tort or warranty shall not exceed any amounts payable by Licensee for the Product identified above.

Warranty. Seller warrants Products are provided with the limited warranty as set forth in the XXXX. Products obtained from Riverbed that do not comply with the Products sold by Seller to Purchaser conform to Seller’s specifications warranty and are free from defects in material returned by Reseller to Riverbed during the warranty period (and workmanship. Unless otherwise specified by Seller in writingfor which a Riverbed RMA has been issued) will be repaired or replaced at Riverbed's option, this warranty extends for one year from provided that Reseller bears the date cost of original purchase. All warranties apply only freight and insurance to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one point of the following, at Seller’s sole discretion: (a) repair or replacement return. Riverbed will bear the cost of freight and insurance for return of goods to Reseller. If Riverbed cannot, or determines that it is not practical to, repair or replace the Product or (b) a credit for returned Product, the price paid to Riverbed therefor will be credited to Reseller or the End User making the warranty claim. Riverbed will not be responsible for any difference between the amount paid by Reseller to Riverbed for the original Purchaser of returned Product and the amount paid by a customer for such returned Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER RIVERBED MAKES NO WARRANTY WHATSOEVEROTHER WARRANTIES WITH RESPECT TO THE PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR AGAINST INFRINGEMENTFREEDOM FROM BUGS. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDThe above warranty does not extend to any Product that is modified or altered, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTis not maintained to Riverbed's maintenance recommendations, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Reseller's sole remedy with respect to any nonconformity, deficiency, warranty or defect with respect to the Products and/or Services is as stated above. Reseller will not distribute the Products under terms that are less protective of Riverbed, its licensors and the Products than the terms in this Agreement and the XXXX.

Warranty. (a) Seller warrants agrees that the Products sold manufactured by the Seller to Purchaser conform to Seller’s specifications and are shall be free from defects in material and workmanship. Unless otherwise specified by Seller in writingworkmanship for the period set forth below under normal use and service and when properly installed, this warranty extends and its obligation is limited solely to repair or replace (including labor for one year from the date of original purchase. All warranties apply only to installation of a Climate Control System containing the original Purchaser unless otherwise agreed by Seller in writing. Product or eighteen (18) months from the date of shipment from Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of factory, whichever may first occur (such earlier date, the following"One Year Period")), or refund the purchase price at Seller's option, at Seller’s sole discretion: 's factories, or any part or parts proven to be defective or non-conforming, within five (a5) years from the date of the commencement of the One Year Period returned to Seller with transportation charges prepaid, which Seller's examination shall disclose to its satisfaction to have been defective or non-conforming. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND IS IN LIEU OF AND IN DISCLAIMER AND EXCLUSIVE OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL OTHER IMPLIED WARRANTIES, IN LAW OR EQUITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND DESCRIPTION HEREOF. Seller neither assumes or authorizes any person to assume for Seller any liability or obligation in connection with the sale of its Products, except said repair or replacement of the Product defective part as set forth above. Except for the One Year Period, Seller's liability does not include any labor charges for the replacement of parts, adjustments, repairs or other work done outside its factories. Notwithstanding the foregoing, Seller's liability does not include any (a) liability related to or arising out of odors actually or allegedly emanating from or caused by any Products or (b) a credit consequential or resulting damage to person, property, equipment, goods, merchandise, profits, good will or reputation arising out of any defect in or failure of its Products. Seller's obligation to repair or replace shall not apply to Products altered outside its factory in any way, or which have been subject to negligence or to misuse. On parts not its manufacture, such as motors, controls, etc., Seller extends only the same warranties given to the Seller. Seller's agreement hereunder runs only to the immediate purchasers and does not extend, expressly or by implications, to any other person. Nothing in the above warranty provisions, however, shall impose liability or obligation of any type, nature or description upon Seller if Seller has not received payment in full for the price paid by the original Purchaser Product in question. (1) Products damaged in shipment or otherwise without fault of the Product. This express warranty does not apply toSeller; (2) defects in Products due to negligence (other than that of Seller), and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear improper care or tear storage, abnormal condition of replaceable parts such as spouts and hoses, temperature or moisture; (3) damage to Products which have been tampered with or altered in any way other causes not directly arising from than by Seller; or (4) expenses incurred by Purchaser in attempting to correct any defects in materials or workmanship; Products. (b) Seller additionally warrants that in the manufacture of Products it complies with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act as amended and the regulations and orders of the United States Department of Labor issued under Section 14 thereof. (c) Seller warrants to Purchaser that any Product damaged sold by Seller to Purchaser hereunder will not infringe the failure claim of any U.S. patent owned by a third party covering the Product itself and agrees to indemnify the Purchaser against liability for any alleged infringement; provided, however, that Purchaser shall notify Seller within ten (10) days after receipt by Purchaser of any such claim of alleged infringement or any notice of commencement of any suit based on such alleged infringement, and provided further, that Seller shall control and remain in control of any and all proceedings taken in defending such suit, including without limitation utilization solely of counsel of Seller's own selection to defend such suit. Seller does not warrant against infringement by reason of use of any Product by Purchaser in combination with other materials or in the operation of any process. (d) Recommendations by Seller, if any, covering the utilization, properties or qualities of Products delivered hereunder or with respect to services performed are believed reliable but Seller makes no warranty whatever with respect thereto. Subject to the other terms of this agreement, use or application of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided Products sold by Seller to the Purchaser hereunder is at the discretion of Purchaser without any liability or obligation on the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEpart of Seller; provided, SELLER MAKES NO WARRANTY WHATSOEVERhowever, that nothing in this Section 2.4(d) shall affect Seller's liability, if any, under Section 2.4(a). (e) THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING ANY BUT NOT BY WAY OF LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPURPOSE.

Warranty. In addition and without prejudice to all other warranties express or implied by law, Seller warrants that all Products and Services covered by this Purchase Order will conform to the applicable drawings, specifications and other description and will be (a) of good quality and workmanship and free from defects, including without limitation, such defects as could cause personal injury or create a hazard to life or damage to property, and (b) fit for their particular purpose and suitable for use, manufactured, packaged for shipment, properly labeled and otherwise in accordance with all laws, regulations, standards, policies or directives of or within the United States (including, without limitation, the Consumer Product Safety Act, Fair Packaging and Labeling Act, Federal Trade Commission Act, and Hazardous Substances Act) as well as the countries of origin or exportation of Products and any country to which the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchasewill be shipped. All warranties apply only warranties, both express and implied, also constitute conditions and shall survive inspection, acceptance and payment and shall inure to the original benefit of Xxxxxxx Group and its customers. Without limitation of any rights, remedies or damages of Purchaser, including, without limitation, the right to terminate this Order, by reason of any breach of warranty or otherwise, Products that are not as warranted may at any time be returned to Seller at Seller's expense for credit, correction or replacement, as Purchaser unless otherwise agreed may direct, and if Purchaser so directs, Seller shall provide conforming replacement goods as within the time frame required by Seller in writing. Purchaser, all at Seller's sole obligation cost and expense. Without limitation of any rights by reason of any breach of warranty or otherwise, with respect to Services that are not as warranted, Purchaser shall have the right to engage a third party to repair or re-perform same, or, at Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited option, to one of the followinghave Seller repair or re-perform same, in each case at Seller’s 's sole discretion: (a) repair cost and expense, within the time frame required by Purchaser. If Seller is a distributor or replacement is otherwise the beneficiary of a third-party warranty that is transferrable to Purchaser or its affiliates in connection with the Product or (b) a credit for the price paid sale contemplated by the original Purchase Order, Seller shall cooperate with Purchaser of in enforcing any such warranty against the Product. This express warranty does not apply toapplicable manufacturer, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hosesservice provider, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTwarrantor.

Warranty. Seller (a) MacroPore represents and warrants to Xxxxx that the all Products sold by Seller under this Agreement will have been designed, manufactured, labeled, packaged and sold to Purchaser conform Xxxxx in accordance with all applicable laws and regulations, including (as applicable) FDA GMP requirements, ISO 13485 certification or successor requirements. Upon prior written notice, MacroPore shall cause Xxxxx’x regulatory personnel to Sellerbe provided with reasonable access from time to time to the facilities and records of MacroPore for the purpose of confirming MacroPore’s and the Product’s compliance with all applicable laws and regulations. (b) MacroPore warrants to Xxxxx and to Xxxxx’x customers that Products shall, when delivered to Xxxxx, meet the specifications and are and, for a period of two (2) years after delivery of the Product to Xxxxx, be free from defects in material materials and workmanship. Unless otherwise specified by Seller The foregoing express warranty is contingent upon proper use of the Products in writingthe applications for which they were intended as indicated in the Product label claims. Xxxxx shall invoice MacroPore for, and MacroPore shall promptly pay, all shipping, transportation, insurance and other expenses actually incurred in replacing Products that were under warranty. MacroPore will repair, replace or credit Xxxxx’x account for any Product that MacroPore reasonably determines does not comply with this warranty extends for one year from at the date time of original purchase. All warranties apply only shipment to Xxxxx or that otherwise does not conform to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole express warranties herein; provided, however, that MacroPore shall have no obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the followingrepair, at Seller’s sole discretion: (a) repair make replacements, or replacement of the Product grant credits necessitated in whole or (b) a credit for the price paid in part by the original Purchaser of the Product. This express warranty does not apply toaccidents; failure to maintain in accordance with any transportation, and no warranty remedy will be given forstorage, Product issues resulting from: (a) accidenthandling, or maintenance, instructions supplied by MacroPore; damage by acts of nature, improper installationvandalism, improper assembly, unreasonable burglary neglect or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, misuse; or other causes not directly arising from defects in materials fault or workmanship; negligence of Xxxxx or (bexcept for any strict liability of MacroPore) the customer or user. Prior to returning any Product damaged by the failure alleged to be defective, Xxxxx shall notify MacroPore in writing of the owner to useclaimed defect and shall include the model and lot/serial number of such Product, maintainas well as the number and date of the invoice therefor. No Product shall be returned without first obtaining a returned goods authorization from MacroPore, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerwhich authorization shall not be unreasonably withheld. EXCEPT FOR THE LIMITED WARRANTY EXPRESS WARRANTIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVERABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED, INCLUDING ANY WARRANTY WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTUSE. IN THE NO EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDSHALL MACROPORE’S LIABILITY FOR PRODUCT WARRANTY INCLUDE ANY INDIRECT, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTSPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Warranty. Seller POWERNET warrants to the Customer that POWERNET will correct by repair or replacement any defects in the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in of material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year or workmanship during a period of twenty-four (24) months from the date of original purchasedelivery. All warranties apply only POWERNET undertakes to the exclusion of any remedy to repair or at its option replace the defective Product or part thereof free of charge and otherwise on the same conditions and with the same warranty as for the original Purchaser unless otherwise agreed Product or part. Defective parts replaced in accordance with this section, shall be placed at the disposal of POWERNET. POWERNET shall pay freight costs for returning to the Customer repaired or replaced products determined by Seller POWERNET to be within the provisions of this warranty. In all other cases, costs of repair or refurbishment and freight costs shall be billed to the Customer. This warranty is subject to following conditions: a) The allegedly defective Product has been used according to its original purpose and in accordance to information given to POWERNET by the Customer prior to this Contract. b) A substantiated written claim as to any alleged defects shall have been received by POWERNET within thirty (30) days after the defect or fault became known or accrued. c) The allegedly defective Product or part shall, should POWERNET so require, be sent to the works of POWERNET or to such other place as POWERNET may indicate in writing, freight and insurance prepaid and properly packed and labelled, unless POWERNET agrees to inspect and repair the Product or replace it on site. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this This warranty shall be limited to one of does not apply when the following, at Seller’s sole discretion: (defect has been caused through a) repair normal wear and tear or replacement accident,b) misuse or other unsuitable or unauthorised use of the Product or (bnegligence or error in storing, maintaining or in handling the Product or any equipment thereof,c) a credit for wrong installation or assembly or failure to service the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized otherwise follow POWERNET's service instructions including any repairs or modifications, abuse, normal wear installation or tear assembly or service made by unauthorised personnel not approved by POWERNET or replacements with parts not manufactured or supplied or approved by POWERNET,d) modifications or changes of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in well as any applicable instructions and/or warnings adding to it without prior written authorisation by POWERNET,e) other factors depending on the Customer or third party. Notwithstanding the aforesaid POWERNET's liability under this section shall not apply to any defects arising out of materials expressly provided by Seller the Customer. This warranty is exclusive and in lieu of all other conditions, warranties and liabilities, express or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEimplied, SELLER MAKES NO WARRANTY WHATSOEVERwhether under law, EXPRESS statute or otherwise, including without limitation ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTand all other obligations and liabilities of POWERNET or its representatives with respect to any defect or deficiency applicable to or resulting directly or indirectly from the Products supplied hereunder, which obligations and liabilities are hereby expressly cancelled and waived. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTThe Customer confirms its obligation to inform any third party which is a user of the Product of its proper use and service requirement. POWERNET cancels and waives all obligations and liabilities for damage caused by misuse of the Product by any third party due to the Customer's negligence to inform the third party of the proper use and service requirement of the Product.

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and All materials supplied under this Contract are free from warranted against defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year a period of 30 days from the date of original purchaseinstallation of such material. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's Haemonetics’ sole obligation and Purchaser’s exclusive remedy for any justified claim responsibility under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement replace any material found to be defective. Disclaimer of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturerWarranties. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH STATED ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS HAEMONETICS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE MATERIALS OR IMPLIEDSERVICES SUPPLIED HEREUNDER, INCLUDING ANY WARRANTY ALL IMPLIED WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND FITNESS, FITNESS AND THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF HAEMONETICS FOR A PARTICULAR PURPOSE DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES ARISING OUT OF OR AGAINST INFRINGEMENTIN CONNECTION WITH THIS AGREEMENT AND THE MATERIALS AND SERVICES PROVIDED HEREUNDER. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDLimitation of Damages. Haemonetics is not responsible for any loss, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.damage or injury resulting from delay in rendering service under this Contract. In no event will Haemonetics’ aggregate liability exceed the amount actually received by Haemonetics during the applicable contract period. Any legal action must be brought by Customer within one year after the cause of action accrues. Limits on Contract. This Agreement and the warranty provided above are void with respect to an item of Equipment if (a) Customer used any disposables or accessory products that are not manufactured by or specifically approved by Haemonetics for use with the Equipment, (b) repairs are made to the Equipment by persons not specifically authorized to do so by Haemonetics, (c) unauthorized modifications to the Equipment are made or (d) Customer fails to comply with operating conditions in the Equipment’s operating manuals. Customer shall be responsible for and shall pay Haemonetics at Haemonetics’ applicable time and material rates for any service which Haemonetics provides at

Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty each Unit delivered hereunder shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising free from defects in materials or workmanship; (b) . [***]. If any Product damaged Unit shall, upon examination by Seller, prove to be defective in material or workmanship under normal intended usage and maintenance during the failure warranty period, then Seller shall repair or replace, at its sole option, such defective item at its own expense or at the expense of a third party that is not the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided Buyer. The warranty on components and accessories not manufactured by Seller or by the manufacturerContract Manufacturer, but are part of the system, is limited to the warranty provided by the original manufacturer of said components to the extent, and only to the extent, that such original manufacturer actually honors such warranty. EXCEPT FOR ALL WARRANTIES HEREUNDER ARE EXPRESSLY LIMITED TO THE LIMITED WARRANTY REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS AS SET FORTH ABOVEHEREIN, AND IN NO EVENT SHALL SELLER MAKES NO BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES BY REASON OF ANY BREACH OF WARRANTY WHATSOEVEROR DEFECT IN MATERIAL OR WORKMANSHIP. SELLER SHALL NOT BE RESPONSIBLE FOR REPAIR OR REPLACEMENT OF ITEMS WHICH HAVE BEEN SUBJECTED TO NEGLECT, ACCIDENT OR IMPROPER USE BY BUYER OR BUYER PERSONNEL, OR WHICH HAVE BEEN ALTERED BY OTHER THAN AUTHORIZED SELLER PERSONNEL. THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMEDPURPOSE, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTARE HEREBY EXCLUDED.

Warranty. Seller warrants that all supplies delivered pursuant to this order shall strictly conform with this Purchase Order and the Products sold by Seller to Purchaser conform to Seller’s applicable specifications (including without limitation information on functional performance, material content, size, appearance, response times, etc.), drawings, samples and are technical documents, shall be free from all defects in material and workmanship, including latent defects, shall be free from defects in design and technology and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. Unless otherwise specified by Seller in writingThis warranty shall survive inspection, this delivery and payment, shall run to Buyer, its successors, assigns, customers and the users of the items and shall not be deemed to be exclusive. If the parties agree to a warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy period for any justified claim under Supplies, this warranty shall be effective throughout such warranty period. Seller shall indemnify, defend and hold Buyer, Buyer’s affiliates, Buyer’s customers, agents, employees and those for whom Buyer may act as agent harmless from all damages and Loss, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the Supplies purchased, including but not limited to one lost revenue and lost profits, additional labor costs, additional costs of materials and expenses to return, replace or repair defective products supplied to Buyer’s customers. Seller shall promptly reimburse Buyer for all expenses incurred in the handling, inspection, return, replacement and scrapping of defective items, including all costs associated with the related finished product, packaging, handling, and shipment, and Seller shall bear the risk of loss on all such items. If any of the followingsupplies are found at any time prior to acceptance or within the applicable warranty period to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller’s sole discretion: (a) repair or replacement of the Product 's expense, or (b2) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, reject and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts return such as spouts and hoses, supplies or other causes deliverable items at Seller's expense, such supplies or other deliverable items not directly arising to be replaced without suitable written authorization from defects in materials Buyer. If Buyer opts for replacement or workmanship; (b) repair of non-conforming Supplies, Seller shall deliver the replacement or repair within reasonable time required by Buyer. Buyer shall not be obligated to pay for any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTnon-conforming Supplies.

Warranty. Seller Company warrants that the Products sold any product supplied under purchase orders issued by Seller to Purchaser conform to Seller’s specifications Buyer and are accepted by Company, where properly used, stored and maintained, and if properly assembled and installed, shall be free from defects in workmanship and material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date a period of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one 12 months after delivery of the followingproducts. Buyer shall give Company, at Seller’s sole discretion: within ten (a10) days of the discovery of any warranty claim, written notice of the claimed defect and satisfactory proof thereof. Company shall, within ten (10) days of the receipt of the returned Product, provide Buyer with written notice of the results of investigation and, if subject to repair or replacement of under the Product warranty, the scheduled reworked or (b) a credit for the price paid by the original Purchaser of the Productreplaced product delivery schedule. This express Company's warranty does not apply toextend to (i) any damage or loss due to misuse, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modificationsdisaster, abuse, neglect, normal wear or tear of replaceable parts such as spouts and hoseswear, or other causes damage or loss due to work not directly arising from defects in materials performed by Company or workmanship; its contractors, (bii) any damage or loss caused by a Product damaged that has been repaired or altered by the failure of the owner to use, maintainBuyer or a third party without Company's prior written approval, or store the Product as specified in any applicable (iii) defects arising out of data, drawings, specifications or instructions and/or warnings provided furnished by Seller or the manufacturerBuyer. COMPANY'S OBLIGATION AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT BY COMPANY AT ITS COST OF THE PRODUCTS THAT PROVE DEFECTIVE WITHIN THE APPLICABLE WARRANTY PERIOD OR, AT COMPANY’S DISCRETION, A REFUND OF THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. REPLACEMENT PRODUCTS ARE WARRANTED ONLY FOR THE REMAINING WARRANTY PERIOD OF THE ORIGINAL PRODUCT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVEAS EXPRESSLY PROVIDED HEREIN, SELLER COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVEROF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION ANY OTHER MATTER WITH RESPECT TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCTPRODUCTS.

Warranty. Seller 12.1 PerSeptive warrants that the Products sold by Seller to Purchaser will conform to Seller’s specifications the Specifications at the time of delivery and are will be free from defects in material materials and workmanshipworkmanship for a period of six (6) months. Unless otherwise specified by Seller in writing, this The warranty extends for one year from period begins on the date of original purchaseinstallation if the Products are installed by PerSeptive, but in no event later than thirty (30) days after shipment, or otherwise on the date of delivery. All The foregoing warranties apply only do not include periodic maintenance or calibration recommended for some Products, unless specifically covered in the express written warranty terms, if any, accompanying the delivery of such Products. To the extent then generally available to PerSeptive customers, Sequenom may purchase extended support coverage or a service contract on Products purchased pursuant to this Agreement at PerSeptive's then applicable retail rate, less *** . 12.2 If PerSeptive receives notice of defects or nonconformance to the original Purchaser unless otherwise agreed Specifications during the warranty period, PerSeptive will, at its option, repair (and recalibrate only as necessitated by Seller repairs) or replace the affected Products. If PerSeptive is unable, within the times designated in writingSection 12.6, to repair, replace or correct a defect or non-conformance in a Product to a condition as warranted, Sequenom will be entitled to a refund of the purchase price upon prompt return of the Product to PerSeptive. SellerPerSeptive will pay expenses for shipment of both defective and repaired or replacement Products. 12.3 The above warranties do not apply to defects resulting from improper or inadequate maintenance or calibration by Sequenom or its Customers; Sequenom or third party supplied hardware or software, interfacing or supplies; unauthorized modification; improper use or operation outside of the Specifications for the Product; abuse, negligence, accident, loss or damage in transit; improper site preparation; or unauthorized maintenance or repair. 12.4 Sequenom's sole obligation and Purchaser’s exclusive remedy for any justified claim remedies under this PerSeptive's warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product that failed to conform to such warranty, or (b) a credit for refund of the purchase price paid by the original Purchaser of the Product. This express warranty does not apply toRepair, and no warranty remedy will replacement or refund shall be given for, Product issues resulting from: (a) accident, acts at the sole discretion of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR PerSeptive. 12.5 THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES FOREGOING WARRANTIES ARE EXCLUSIVE AND NO WARRANTY WHATSOEVEROTHER WARRANTY, EXPRESS OR IMPLIED, IS GIVEN BY PERSEPTIVE, INCLUDING ANY WARRANTY THOSE OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTPURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 12.6 All Product defects or suspected defects during the warranty period will be managed by an authorized Sequenom representative (who has undergone training as provided in Section 9) who shall place a call to PerSeptive's designated service center followed up with the description of the Product problem in sufficient detail as to allow PerSeptive to assess the source of the problem. All service calls placed by Sequenom will be responded to either by fax or by phone within two (2) business days with a proposed remedy to the Customer's problem being determined by PerSeptive as soon as commercially feasible after Sequenom's initial service call. PerSeptive will use its reasonable commercial efforts to see to it that the Customer's Product is either fully operational or that a replacement instrument is delivered to the Customer if it is determined that an on-site repair is not possible with the allotted time within ten (10) business days of the initial service call. Any Product not repairable on-site and returned hereunder to PerSeptive may be conformed to comply with the Specifications at PerSeptive's facilities and thereafter used to fill a future Sequenom order.