Common use of Warranty Clause in Contracts

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Subject to the warranty limitation set forth in Section 7, Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered sold hereunder shall (i) will substantially conform to Seller’s published specifications and will be free from defects in designmaterial and workmanship under normal and proper use and service. For pump drive units and controller electronics, materials the applicable “Warranty Period” for the above stated express warranty shall be two (2) years after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For sensors, the applicable “Warranty Period” for the above stated express warranty shall be six (6) months after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For all other Goods and workmanship; for systems, the applicable “Warranty Period” for Goods and system components covered by Seller’s above stated express warranty shall be one (ii1) year after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. Extended warranty periods (“Extended Warranty Plans”) may be purchased separately from Seller to extend the Warranty Periods set forth above. Subject to availability, upon payment in full for such Extended Warranty Plans, the Warranty Periods hereunder shall be extended in accordance with Seller’s applicable Extended Warranty Plans, subject to all applicable terms and conditions. Subject to the warranty limitation set forth in Section 7, Seller warrants for the Services Warranty Period that it has performed such Services hereunder using personnel of required skill, experience and qualifications and in a professional manner. Purchaser shall notify Seller in writing during the Services Warranty Period of any alleged failure of the Services to conform to the required specifications limited warranty for Services set forth herein. Any failure to properly and all other requirements timely notify Seller hereunder of these Terms an alleged failure of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services to conform to the limited warranty for Services set forth herein shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned deemed to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer Purchaser of any breach of rights under such limited warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed Drawings, functional specifications, formal submittals and any other requirements documents prepared by Seller and is valid for approved by Purchaser shall be deemed the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion correct interpretations of the Services to be performed even if inconsistent with other, conflicting plans and is valid for 12 months following completion of specifications, whether prepared by Seller, Purchaser or otherwise. Upon resale, Purchaser agrees to extend to its customers no greater warranties, and limit its liability and remedies to the Services. Notwithstanding the foregoingsame extent, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancethose set forth herein.

Warranty. Seller a. For Goods Orders, except as may be set forth in the warranty certificate (if any) presented with the applicable Order, Liebherr warrants that it has good title, free of encumbrances, all new Liebherr Goods to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designmaterial and workmanship for a period of six (6) months after the date of shipment. Buyer’s sole remedy under this warranty will be the repair or replacement of any part acknowledged by Liebherr to be defective within the warranty period, materials at Liebherr’s expense. Unless otherwise determined by Xxxxxxxx, repairs to or replacement of defective Goods will be made by Liebherr. If Xxxxxxxx determines to ship Buyer a part for replacement by Xxxxx, Buyer must have the defective part returned to Liebherr within fifteen (15) days after Liebherr ships the replacement part to Buyer, or else Buyer will be liable to pay Liebherr’s then-current list price for the replacement part. This warranty will not apply to (1) consumables, including, without limitation, filters and workmanship; wire ropes, (ii2) normal maintenance services, or (3) any product that has been damaged in any accident by fire, flood, or any act of God, or abused or misused or that has been repaired or altered by anyone other than Liebherr. All used Goods are sold AS-IS and Liebherr makes no representations or warranties as to such Goods. b. For Service Orders, Liebherr warrants that all services will be performed in a workmanlike manner. Any claim for breach of this warranty must be made within six (6) months after the date of performance of the services. Xxxxx’s sole remedy in the event of a breach of this warranty will be re-performance of the services by Xxxxxxxx at Liebherr’s expense. c. THE WARRANTIES IN THIS SECTION 11 ARE THE ONLY WARRANTIES APPLICABLE TO ANY GOODS AND SERVICES AND ARE EXPRESSLY IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED BY LAW (INCLUDING ANY WARRANTIES OTHERWISE IMPLIED BY LAW BY THE MANUFACTURER OF THE GOODS OR ITS COMPONENT SUPPLIERS), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES STATED HEREIN ARE THE ONLY REMEDIES AVAILABLE. d. All information, including, without limitation, performance estimates, provided by Seller or the manufacturer with regard to the Goods, whether provided as a statement of the Good’s specifications or capabilities or as a specific estimate with regard to Buyer’s operations, is based upon expected performance under normal operating conditions, including, without limitation, the use of an experienced operator and conditions that conform to the required specifications provided by Buyer, and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller such information is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s without guarantee or warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach kind. Neither Seller nor the manufacturer shall have any liability for performance estimates or estimates of warranty. The warranty for Goods commences on the later wear rates of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceparts.

Warranty. Seller The following warranties apply: For equipment rentals by a Participating Entity, Vendor warrants that it has upon delivery the equipment rented hereunder will be in good titleworking condition. If the equipment is not in good working condition upon delivery, free Vendor shall promptly repair or replace the equipment at its sole cost and expense. If the equipment requires repair or replacement during the rental period, Vendor will promptly repair or replace the equipment at its sole cost and expense; provided, however, if the repair or replacement is necessary due to Participating Entity’s abuse, misuse, or neglect, then Participating Entity will be responsible for the cost of encumbrancessuch repair or replacement. EXCEPT AS SET FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL OF EQUIPMENT. For equipment purchases by a Participating Entity, the only warranty provided with the equipment sold herein is the warranty provided by the original equipment manufacturer (“OEM”). Vendor will pass through all warranties, to the Goods delivered hereunder. Seller further warrants extent allowable, that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of PurchaseOEM provides. If Seller a warranty claim is providing Services hereunder, Seller warrants that (i) approved by the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, OEM and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction OEM authorizes Vendor to repair, rework repair or replace the goodsequipment, furnish Vendor will do so. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. For services provided to a Participating Entity, Vendor warrants the services will be performed in a good and workmanlike manner. The duration of the warranty shall be 30 days after the service is completed. If during the 30-day warranty period the equipment requires additional service, because of defective original service or a defective replacement part(s), then Vendor will re-perform the defective service and/or replace the defective part at its sole cost and expense. If the equipment has been subject to abuse, misuse, or neglect, Vendor shall have no obligation to re-perform the service or replace any material part(s). The only warranty on replacement parts provided with Vendor’s service herein is the warranty provided by the original equipment manufacturer (“OEM”). Vendor will pass through all warranties, to the extent allowable, that the OEM provides. If a warranty claim on such replacement part is approved by the OEM and the OEM authorizes Vendor to repair or parts and installation required to successfully correct replace the nonconformancepart, Vendor will do so. EXCEPT AS SET FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO REPLACEMENT PARTS AND SERVICE OF EQUIPMENT.

Warranty. Seller warrants to Buyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material and that the work performed will be of good quality and will conform to the requirements of the bid documents. If the article is installed by Seller, Seller’s sole obligation under this warranty shall be to provide, without charge, parts and labor necessary to remedy defects which appear within twelve (12) months from the date of beneficial use or occupancy, as applicable. If Seller provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date. If article is not installed by Seller, the warranty period shall be within twelve (12) months of shipment of said article. Warranty claim must be made to Seller in writing within such twelve (12) month period. All transportation charges incurred in connection with the warranty for equipment not installed by Seller shall be borne by Buyer. Seller warrants that it has good titlefor equipment furnished and or installed, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunderbut not manufactured by Seller, Seller warrants that will extend the same warranty terms and conditions which Seller receives from the manufacturer of said equipment. This warranty is the sole and exclusive warranty given with respect to any articles delivered or services performed by Seller. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED (iEXCEPT WARRANTIES OF TITLE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is subject to proper installation of the articles (if installation is not performed by Seller or authorized subcontractors of the Seller) and maintenance and storage of the Services shall be provided with all due skill and articles in accordance with these Terms the specifications and directions supplied by Seller. This warranty does not apply to any defect, malfunction or failure caused by repairs made by other than or without the consent of Purchase and industry recommended standards and practices; and (ii) Seller or the personnel assigned article has been subject to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturerabuse, misuse, neglect, tampering, accident or damage by circumstances beyond Seller’s warranty to the benefit control, including without limitation, acts of Buyer. These warranties shall be in addition to all other warrantiesGod, expresswar, implied or statutory. Payment foracts of government, inspection ofcorrosion, power fluctuations, freeze- ups, labor disputes, differences with workmen, riots, explosions, vandalism, or receipt of Goods malicious mischief, nor to defective associated equipment or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later use of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid articles with equipment for the longer of 12 months or the length which they were not sold. All of Seller’s obligations under this warranty will immediately terminate and be of no further force or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods effect if all or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price (including any installment payment) with respect to any article covered by this warranty is not paid to Seller when due. If cause of the nonconforming goods and/or the prompt correction of the nonconforming services defect is found not to be Seller’s responsibility, standard rates for repair or reimbursement of the amounts paid for such services. Seller replacement and labor shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceapply.

Warranty. Seller Tungsram IS warrants that it has good title, free of encumbrances, to the Goods DVDs on which the software is delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) will be free from defects for a period of 90 days from the original date of purchase as indicated by your purchase receipt. This limited warranty is void if the failure of the DVDs or protection device in designany way resulted from accident, materials abuse, theft, loss, or misapplication. * The limited warranty period is from the FIRST purchase date by the original owner and workmanship; (iishall in no case be extended for a new owner if the Software is transferred by the original owner. * If within the warranty period your DVDs prove defective, Tungsram IS’s entire liability and your exclusive remedy shall be, at Tungsram IS’s option, to a) conform repair or replace the defective DVDs or protection device free of charge provided that it is returned to Tungsram IS along with a proof of purchase, or b) refund the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient price paid for the purpose intendedlicense. Any replacement program will be warranted for 90 days from the date of receipt. * Although Tungsram IS has tested the Software, the Software is sold “AS IS,” without any warranty; expressed or implied, as to its conformity to or fitness for any particular purpose, or that the Software will perform uninterrupted and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasewithout errors. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to Tungsram IS disclaims all other warranties, expressexpressed or implied, implied or statutory. Payment forincluding warranties of merchantability, inspection offitness for a particular purpose, quality, completeness, or receipt precision of Goods the Software’s functions. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. * No advice or Services information given by Tungsram IS employees, its distributors, resellers, agents, or consultants shall not constitute a waiver warranty by Buyer Tungsram IS or extend the warranty in this Agreement. Some states do not allow the exclusion of any breach implied warranties; therefore, this paragraph may not apply to you. * You warrant and covenant to Tungsram IS and its affiliates and Subsidiaries that: (a) the execution and delivery of warranty. The warranty for Goods commences on this Agreement and the later performance of the date Buyer takes physical possession of the Goods or the Goods your obligations hereunder have been installed duly authorized by Seller all necessary corporate and is stockholder action on your part; (b) this Agreement has been duly executed and delivered by you and this Agreement constitutes a legal, valid for and binding obligation enforceable against you in accordance with its terms; (c) you will not take any action (or will not fail to take any action) that would have the longer effect of 12 months interfering with the Tungsram IS Software including, but not limited to, introduction of viruses or the length worms, misuse of Seller’s or the manufacturer’s standard warranty periodcommunications protocols, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceimproper use.

Warranty. By accepting this Purchase Order, Seller warrants that it the goods and services furnished will be free from defects in materials and workmanship for a minimum of one (1) year or as specified in the manufacturer's written warranty. Seller also warrants that the goods and services furnished will be merchantable and in full conformity with Buyer’s specifications, drawings, and data, and Seller’s descriptions, promises, or samples, and that such goods will be fit for the Buyer's intended use, provided Seller has reason to know of such use, and that Seller will convey good titletitle to the goods, free and clear from all liens, claims, and encumbrances. Upon Xxxxx’s request, Seller shall furnish Buyer with a formal waiver or release of encumbrancesall liens by Xxxxx and/or Buyer’s suppliers. Seller warrants that goods or services covered by this Purchase Order shall not infringe any patent, design, mask work, copyright or trademark, of any third party, either directly or contributorily. Xxxxxx agrees to indemnify Buyer and hold Buyer harmless from and against all liability, loss, damage and expense, including reasonable counsel fees and costs of litigation, resulting from any claim of infringement and any litigation relating thereto. In the case where goods or a part thereof are held to constitute infringement and the use of the goods or a part thereof is enjoined, Seller shall, at the expense of Seller, either (a) procure for the Buyer the rights to continue to using the goods, (b) replace the goods so that the goods become non-infringing, or (c) retake the goods and refund the purchase price and transportation and installation cost of the goods to Buyer. Such obligations shall survive acceptance of the goods or services and payment therefore by Buyer. Where applicable, the Seller warrants that the goods covered by this Purchase Order are in compliance with all laws, regulations, rules, and orders relating to the Goods delivered hereunderimportation of goods into the United States, the exportation of goods out of the country of origin, the transit of goods through intermediate countries and the sale and use or foreign made goods in the United States. Seller further warrants that it has obtained all Goods delivered hereunder shall (i) be free from defects in designpermits, materials licenses, and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient certifications necessary for the purpose intended; and (iv) goods to be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry exported out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date country of origin, imported in the United States, delivered to Buyer takes physical possession of and used or sold within the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceUnited States.

Warranty. Seller Vendor warrants that it has good titlethe goods, articles and services furnished hereunder (whether materials, parts or equipment) to be (1) as specified, (2) free and clear of all liens or other security interests and encumbrances, good, valid and marketable title thereto being solely in Vendor, (3) made exclusively of new materials, (4) free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall defects of any type (i) be free from defects whether in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchasematerial, workmanship or otherwise), (iii5) be of good and merchantable quality and (6) fit and sufficient for the purpose intended; intended and (iv) be free general purposes for which Voith is purchasing them. Unless a longer time is set forth on the face of the Purchase Order, such goods or services warranty shall last for the longer of 36 months from “Counterfeit Work” as defined in Section 33 the first date of these Terms operation of Purchasethe goods or 48 months from the date of shipment of the goods or completion of the services. If Seller is providing Services hereunderany such goods, Seller warrants that articles or services are found to be in breach of any of the foregoing warranties, Vendor shall at its sole cost promptly, at Voith’s option, either (i1) replace the Services shall be provided with all due skill and goods or articles, DDP named destination of Voith, in accordance with these Terms INCOTERMS 2010, (2) repair the goods or articles or (3) re-perform the services found to be defective. Vendor shall be responsible for all costs arising out of the breach of warranty and repair, replacement or re-performance, including, but limited to, disassembly, reassembly, transportation, installation, storage, commissioning and re- testing. If Vendor fails to promptly replace or repair the goods or articles or re-perform the services, Voith may have the articles repaired or replaced or the services re- performed by Voith or a third party at Vendor’s expense. Repairs, replaced goods and articles and re-performed services shall be warranted in accordance with the terms of this Agreement. If repair, replacement or re-performance is not possible, Voith may terminate the Purchase Order and industry recommended standards Vendor shall refund Voith the full purchase price and practices; be liable for all direct and (ii) indirect expenses, costs and damages incurred by Voith. The foregoing and all other, legal, statutory, express and implied warranties that can have application to the personnel assigned goods, articles and services furnished hereunder shall be deemed conditions of this order and the remedies provided in this paragraph shall be cumulative and in addition to carry out the Services any other or further remedies Voith may have, including under applicable law. The warranties and remedies provided for in this paragraph shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty inure to the benefit of Buyer. These warranties shall be in addition Voith, its successors, assigns and customers and to all other warrantiesthe users of its products and Voith’s inspection, expressapproval, implied acceptance of and/or payment for goods, articles or statutory. Payment for, inspection of, services or receipt of Goods or Services shall any drawings do not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later relieve Vendor of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancewarranties provided herein.

Warranty. Seller 11.1 EXION warrants that it has good title, that: (a) Services performed hereunder shall be free of encumbrancesdefects in workmanship or material. Should any failure of the Services to conform to this warranty appear under normal and proper use within one year (or any time period mutually agreed in writing by both parties) after shipment of the repaired or revamped Equipment by EXION (or in the case of Equipment repaired or revamped on the Purchaser’s Site, to after EXION has notified the Purchaser that the same is ready for commercial operation) EXION shall correct the same by replacement or repair, F.O.B. factory of the defective part or parts. (b) If the Goods delivered hereundersold hereunder are the products of manufacturers other than EXION, EXION makes no warranty, express or implied concerning such Goods. Seller further warrants that all Such Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from are sold “Counterfeit Workas is” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and faults, but EXION shall use its best reasonable efforts to obtain from the manufacturer, in accordance with these Terms such manufacturer’s customary practices, the repair or replacement of Purchase any Goods as may prove defective in workmanship or material. 11.2 EXION shall be under no liability whatsoever:- (a) In respect of any defect arising from fair wear and industry recommended standards and practicestear, wilful damage, negligence, abnormal working conditions, failure to follow EXION’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without EXION’s approval in writing or improper or inadequate maintenance by the Purchaser; and or (iib) If the personnel assigned to carry out total price for the Services shall possess and/or Goods has not been paid by the necessary experience due date for payment. 11.3 The warranty expressed in this paragraph is exclusive and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit in lieu of Buyer. These warranties shall be in addition to all other warranties, expressexpress or implied, implied including any warranties of satisfactory quality and fitness for purpose. 11.4 The remedy(ies) provided above shall be the Purchaser’s sole remedy(ies) for any failure of EXION to comply with the warranty provisions, whether claims by the Purchaser are based in contract or statutory. Payment forin tort (including negligence) or otherwise, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences time) on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancenext working day.

Warranty. Any goods or services purchased pursuant to this purchase order shall be subject to all warranties, either express or implied by law, including, without limitation, warranties of title, merchantability and fitness. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder goods provided under this purchase order shall (i) be free from defects in design, materials material, workmanship, and workmanship; title, and shall be at least equal to industry recognized standards or codes or of the best quality if no quality is specified. Goods used to correct nonconformity shall be similarly warranted. Seller further hereby warrants that the goods and services to be furnished hereunder shall (i) be in full conformity with Buyer’s specifications, drawings and data, or Seller’s samples, (ii) conform to the required specifications be merchantable, and all other requirements of these Terms of Purchase, (iii) that goods furnished hereunder shall be fit and sufficient for the purpose intended; use intended by Buyer. Seller further hereby warrants that on delivery Buyer shall receive good title to the goods free and (iv) clear of all liens and encumbrances and that all goods and services, including, without limitation, the sale or use thereof, shall be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchaseany actual or claimed patent, copyright or trademark infringement. If Seller is providing Services hereunder, Seller further hereby warrants that (i) the Services all goods and services sold hereunder shall be provided have been produced, sold, delivered and furnished in strict compliance with all due skill applicable International, Federal, State and in accordance with these Terms of Purchase local laws and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingregulations. Seller agrees that its warranty shall pass through any applicable manufacturer’s warranty to survive acceptance of the benefit of Buyer. These warranties goods and shall be in addition to all other warranties, express, implied or statutoryany warranties given to Buyer by Seller. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingExcept as otherwise provided in this purchase order, Seller’s warranty for Goods liability hereunder shall extend to all damages proximately caused by the breach of any foregoing warranties or Services shall survive such 12 month period and guarantees, including, without limitation, any termination incidental or expiration consequential damages. Seller’s warranties, including, without limitation, any more favorable warranties, service policies, or similar undertaking of these Terms of Purchase if Counterfeit WorkSeller, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for enforceable by Buyer and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result the purchasers and the users of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesproducts. Seller shall promptly warrants that it has and will utilize people with the necessary skills and tools to perform the work and will comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancescope of work requirement.

Warranty. Seller warrants 7.1. You warrant to Us that it has good titlethe Goods: (a) will be of merchantable quality, free of encumbrances, from all latent and patent defects and fit for any purpose held out by You or made known to You in writing at the time the Purchase Order is placed by Us; (b) will meet and conform to any and all relevant specifications under the Contract; (c) will comply with all statutory laws and regulations relating to the supply of the Goods delivered hereunderand Services; and (d) will not infringe any intellectual property or other rights of any third party. 7.2. Seller further warrants The warranty period commences on the date of delivery or acceptance of the Goods, whichever is the later, and shall be valid for one (1) year, or the length of Your or the manufacturer’s standard warranty period, whichever is longer (‘Warranty Period’). 7.3. You warrant that all You are the legal and beneficial owner, and will convey good title of the Goods, free from any third party interests. 7.4. You warrant that during the Warranty Period, the Goods delivered hereunder shall (i) be are free from defects in design, materials and workmanship; (ii) conform . 7.5. If We, within a reasonable time after acceptance, give You notice of any defect or omission discovered in the Goods during any Warranty Period, You must, during the Warranty Period, at Your cost and risk remedy defects in warranted Goods by repair, replacement or modification at Our option. You must meet all costs incidental to the required specifications discharge of warranty obligations, including any packing, freight, disassembly and reassembly costs. 7.6. Where You fail to rectify a defect covered by warranty within 30 days after notification by Us, We may perform, or have performed, the necessary remedial work, and all other requirements of these Terms of Purchase, (iii) costs and outgoings incurred will be fit and sufficient for the purpose intended; and (iv) be reimbursed to Us by You. 7.7. You warrant that We are free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of use the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion any product of the Services and is valid for 12 months following completion of the Servicesonce delivered to Us. 7.8. Notwithstanding the foregoingYou indemnify Us in full against all claims, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Workliability, latent defectsfines, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur damage, costs and expenses (including legal expenses and attorney fees) incurred by Us as a result of Seller’s or in connection with: (a) breach of these warranties. Remedies shall includeany warranty given by You; (b) any claim that the Goods and/or Services infringe, at Buyer’s election or their importation, use or resale infringe the intellectual property or other rights of any other person/entity; (c) any act or omission, including delay, by You or Your employees, agents or sub-contractors in supplying, delivering, and at Seller’s sole risk installing the Goods and/or Services; and expenseall claims made against Us for losses, damages or expenses sustained by Our agents, customers or third parties to the prompt repair, replacement or reimbursement extent that this arose from by Your supply of the purchase price of the nonconforming goods Goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceServices.

Warranty. Seller TOMRA hereby represents, warrants that it has good title, free of encumbrances, and undertakes to the Purchaser during the Warranty Period: (a) that the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall shall: (i) be free from defects fit for the purposes for which they are intended, as specified in design, materials and workmanship; the Agreement; (ii) conform to comply in all material respects with the required specifications and all other requirements of these Terms of Purchase, Agreement; (iii) be fit new and sufficient for the purpose intended; free from Defects, and (iv) comply with all applicable laws (including environmental laws) as are prevailing when the relevant Goods are delivered; i. The warranty contained in Clause 7.2(a) does not cover normal maintenance nor normal wear and tear, use under circumstances exceeding specifications, abuse, unauthorised repair or alteration, lack of proper maintenance or damages caused by natural causes such as fire, storm or flood, lightening, improper electrical current, power surges or other causes beyond the control of TOMRA. In case of manufacturing in conformity with drawings supplied by Purchaser, the foregoing warranty shall be free limited to construction of the items strictly in conformity with the indications of such drawings. This warranty is void when a non-certified technician (i.e. not certified by TOMRA) maintains or repairs the Goods. ii. The warranty contained in Clause 7.2(a) does not apply if: (1) the Goods are not strictly installed, maintained and operated as instructed in documentation provided by TOMRA; (2) the Goods are operated by personnel who do not have access to operational documentation provided by TOMRA nor knows its content; and (3) one month has elapsed since discovery of the Defect, without having notified the TOMRA. iii. Warranty labour is covered during regular business hours from “Counterfeit Work” Monday through Friday (06:00 am to 08:00 pm). Warranty labour outside these hours or on days that are not Business Days is billable at the surcharge for overtime. iv. This warranty does not cover additional work on other Goods that are no longer under warranty. v. In order to make a claim under the warranty in Clause 7.2(a), Purchaser must notify TOMRA in writing immediately after discovery of the Defect or other warranty issue, which shall include: the date of the discovery, the nature and a description of the defect as defined in Section 33 of these Terms of Purchase. If Seller is providing other as other relevant circumstances and information. (b) that the Services hereunder, Seller warrants that (if any) shall: (i) the Services shall be provided with all due skill and performed in accordance with these Terms of Purchase and industry recommended standards and practicesthe Agreement; and (ii) be performed in accordance with Good Industry Practice; and (iii) comply with all applicable laws (including environmental laws) as are prevailing when the personnel assigned relevant Services are performed; (c) that the warranty set out in Clause 7.2(a) shall apply on equivalent terms to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession elements of the Goods that are remedied or replaced by TOMRA, with effect from the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day date of completion of the Services and is valid for 12 months following completion relevant remedial work or supply of the Services. Notwithstanding replacement Goods (as the foregoingcase may be), Seller’s warranty for Goods or Services shall survive such 12 month a period of twelve (12) months, after delivery of the Goods. (d) the warranties set forth herein are the only warranties made by TOMRA in connection with the goods and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur services contemplated as a result of Seller’s breach of these warrantiesthis agreement. Remedies shall include, at Buyer’s election Goods and at Sellerservices sold hereunder are sold only to the specifications specifically agreed to by the parties in writing. Purchaser’s sole risk and expense, the prompt exclusive remedy hereunder shall be repair, replacement or reimbursement re-performance of the purchase price of the nonconforming non-conforming goods and/or the prompt correction of the nonconforming or services or reimbursement repayment of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repairfees by TOMRA, rework or replace the goods, furnish any material or parts as outlined in clauses 7.3 and installation required to successfully correct the nonconformance7.

Warranty. Seller warrants Subject to Section 7, Avid provides the following warranties: a) Component portions of the Product that it has good titlewere purchased by AVID and re-sold to Purchaser may be covered by warranties originating with the original manufacturer. Such warranties, free of encumbrancesin whatever form they may exist, shall be transferred (to the Goods delivered hereunderextent transferable) by AVID to the Purchaser upon the Purchaser’s full payment to AVID of the purchase price invoiced by AVID to the Purchaser for or related to the Product. Seller further warrants that all Goods delivered hereunder Copies of any applicable warranties will be supplied upon written request by the Purchaser. b) AVID shall carry out the Services in a workmanlike and professional manner. If the Purchaser notifies AVID in writing, within ninety (i90) days from the date of AVID’s shipment of the Product to the Purchaser, of any claimed defect in the Services, and such claim by Purchaser is verified by AVID after AVID’s appropriate inspection, Purchaser’s sole and exclusive remedy shall be limited to AVID’s correction of the claimed defect at the design and documentation level, excluding repair or replacement of materials or purchased parts. c) Production of Product beyond the engineering prototype level shall be free from defects in designworkmanship for a period of ninety (90) days from the date of AVID’s shipment of the Product to the Purchaser, materials excluding defects in the design or engineering of the Product. Purchaser's sole and workmanship; (exclusive remedy shall, at the sole discretion of AVID, be limited to either: i) repair or replacement of the defective Product, or ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement refund of the purchase price in exchange for return of the nonconforming goods and/or defective Product. d) EXCEPT AS EXPRESSLY PROVIDED HEREIN, AVID MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSLY OR IMPLIEDLY, CONCERNING THE PRODUCT, ANY COMPONENTS RESOLD BY AVID TO THE PURCHASER, ANY DOCUMENTATION FOR THE FOREGOING, ANY MAINTENANCE SERVICES OR OTHER SERVICES TO THE FOREGOING. AVID SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. AVID DOES NOT WARRANT THAT THE PRODUCT WILL MEET THE REQUIREMENTS OF THE PURCHASER OR WILL OPERATE IN THE MANNER THAT MAY BE SELECTED FOR USE BY THE PURCHASER OR THAT THE OPERATION OF THE PRODUCT AND/OR COMPONENTS WILL BE UNINTERRUPTED. No warranty will apply if the prompt correction of the nonconforming services Products are in any way altered or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancemodified after delivery by AVID.

Warranty. Subject to the warranty limitation set forth in Section 7, Seller warrants that it has good title, free of encumbrances, the Products sold hereunder will substantially conform to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) Seller’s published specifications and will be free from defects in designmaterial and workmanship under normal and proper use and service. For pump drive units and controller electronics, materials and workmanship; the applicable “Warranty Period” for the above stated express warranty shall be two (ii2) conform to years after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For sensors, the required specifications and applicable “Warranty Period” for the above stated express warranty shall be six (6) months after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For all other requirements of these Terms of Purchaseproducts and for systems, (iii) be fit the applicable “Warranty Period” for products and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services system components covered by Seller’s above stated express warranty shall be provided with all due skill and one (1) year after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. Extended warranty periods (“Extended Warranty Plans”) may be purchased separately from Seller to extend the Warranty Periods set forth above. Subject to availability, upon payment in full for such Extended Warranty Plans, the Warranty Periods hereunder shall be extended in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any Seller’s applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition Extended Warranty Plans, subject to all applicable terms and conditions. Drawings, functional specifications, formal submittals and any other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed requirements documents prepared by Seller and is valid for approved by Purchaser shall be deemed the longer correct interpretations of 12 months the work to be performed even if inconsistent with other, conflicting plans and specifications, whether prepared by Seller, Purchaser or the length of Seller’s or the manufacturer’s standard warranty periodotherwise. Upon resale, Purchaser agrees to extend to its customers no greater warranties, and limit its liability and remedies to the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingsame extent, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancethose set forth herein.

Warranty. Seller warrants that it has 12.1 Stertil will make good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied by repair or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession exchange at its sole option such of the Goods or parts thereof which are shown to its reasonable satisfaction to have proved defective in materials or workmanship for a period of twelve calendar months from the date of delivery to Purchaser. 12.2 The above warranty is nonetheless given by Stertil subject to the following conditions and limitations:- (a) Within 90 days of purchase of the Goods Purchaser has accepted a maintenance contract provided by Stertil; (b) Any claim by Purchaser which is based on any defect in the quality or condition of the Goods or any parts must be notified in writing to Stertil within 3 working days of discovery of the defect or failure. If Purchaser does not so notify Stertil, shall have no liability for such defect or failure; (c) In respect of any parts which are not covered by a maintenance contract and subject to Clause 12.2 (b) above, Purchaser must first obtain from Stertil a warranty claim form. Purchaser must return the part and the completed claim form to Stertil. Stertil (whose decision alone will be final,) on acceptance of the claim will exchange the part; (d) The Goods must have been installed and or commissioned continuously repaired and maintained exclusively by Seller Stertil in accordance with Stertil’s specifications; (e) Stertil shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, or failure to follow Stertil’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Stertil’s approval.; (f) Stertil shall be under no liability in respect of Goods operated or stored under adverse conditions (such as outside installations or in areas used for steam cleaning or pressure washing etc) unless the same is valid otherwise specified in the relevant equipment manual;. (g) Stertil shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by Purchaser or any party other than Stertil; (h) Stertil shall be under no liability under the warranty if the total price for the longer Goods has not been paid by the due date for payment as stated in the Contract; (i) Where Stertil is not the manufacturer of 12 months or the length of Seller’s or Goods, Purchaser shall only be entitled to the manufacturer’s standard warranty periodor guarantee. (j) The warranty does not include for the provision of access equipment required to facilitate the repair. 12.3 Subject as expressly provided in these Conditions, and except where the warranty for Services commences on Goods are sold to a person dealing as a consumer (within the day of completion meaning of the Services and Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 12.4 Subject to the provisions of Clause 12.2 Stertil's warranty is valid for limited to the original scope of supply. 12.5 Delivered Goods or parts which are not installed by Stertil will only be subject to 12 months following completion exchange parts, delivered ex works Stertil in accordance with Clause 12.2 (c) 12.6 Stertil’s total liability is limited to the cost of repair or replacement. In no event shall Stertil’s maximum liability exceed the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase Contract price of the nonconforming goods and/or Goods. 12.7 Warranty service provided by Stertil to Purchaser shall be limited to the prompt correction hours of 9.00am to 5.00pm Monday to Friday, excluding bank holidays and Christmas shut down. Service provided outside of these hours will be chargeable to the Purchaser. 12.8 The benefit of any warranty provided by Stertil may not be assigned by Purchaser to any third party unless the price of the nonconforming services or reimbursement of the amounts Goods has been paid for such services. Seller shall promptly comply in full in accordance with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceContract.

Warranty. The Seller warrants that it has good title, the Equipment sold and delivered hereunder will be free of encumbrancesdefects in material and workmanship for a period of twelve months from the date of placing the Equipment in operation or eighteen months from the date of shipment, whichever shall occur first unless otherwise stated by the manufacturer. Warranty for parts is 6 months and equipment warranty is 12 months. The Buyer shall be obligated to promptly report any failure to conform to this warranty, in writing to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designwithin said period, materials whereupon the Seller shall, at its option, correct such nonconformity, by suitable repair to such Equipment or, furnish a replacement part provided the Buyer has stored, installed, maintained, and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and operated such Equipment in accordance with these Terms good industry practices and has complied with specific recommendations of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingSeller. Seller reserves the right to take possession of or direct Buyer to return any replaced parts, which shall pass through any applicable manufacturer’s become Seller property. Accessories or equipment furnished by the Seller, but manufactured by others, shall carry whatever warranty the manufacturers have conveyed to the benefit of Seller and which can be passed on to the Buyer. These This warranty shall not apply to any component which Buyer directs Seller to use in or add to the Equipment, and which would not otherwise be used or added by the Seller. The Seller shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by the Buyer or others without the Seller's prior written approval. The effects of corrosion, erosion, and normal wear and tear are specifically excluded. Performance warranties are limited to those specifically stated within the Seller's proposal, and the Seller's obligation for meeting such performance warranties shall be to correct in addition to all other warrantiesthe manner, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodperiod outlined herein. THE SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingEXPRESSED OR IMPLIED, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit WorkEXCEPT THAT OF TITLE, latent defectsAND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceARE HEREBY DISCLAIMED.

Warranty. Seller 16.1 The Contractor warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants Owner that all Goods delivered hereunder shall the materials and equipment furnished under this Agreement will be (ia) be new and of good quality; (b) free from defects in design, materials and workmanship; (ii) conform to , unless otherwise approved in writing in advance by the required specifications and all other requirements of these Terms of PurchaseOwner, (iii) be fit and sufficient for the purpose intended; and (ivc) that the Work will be free from “Counterfeit Work” as defined performed in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill a good and workmanlike manner and in accordance with these Terms of Purchase the Plans and industry recommended standards all applicable codes, laws and practices; standards. The Contractor shall collect and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty submit to the benefit Owner, upon Mechanical Completion of Buyerthe Work, all warranties from Subcontractors supplying materials, equipment or components incorporated into the Project, and the Contractor hereby assigns to the Owner all of the Contractor’s rights under such warranties. These The Contractor agrees that such warranties from those Subcontractors referenced in Exhibit F shall comply with the requirements set out in Exhibit F. 16.2 The Contractor will recommend to Owner all process and construction improvements that it believes in good faith would optimize the Project construction and operations, provided that Contractor’s liability for breaches of such warranty shall be in addition limited to all other warranties, express, implied instances of gross negligence or statutory. Payment for, inspection of, or receipt willful misconduct. 16.3 The following shall govern the durations of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantythe warranties described above. The base warranty period will commence when Mechanical Completion has been achieved and will continue for Goods commences the lesser of (i) twelve (12) months from the applicable Guaranteed Mechanical Completion Date; or 18 months after the applicable Final Completion Date (“Base Warranty Period”). Warranty for any repairs or replacements shall commence on the date the repair or replacement is completed and continue until the later of the date Buyer takes physical possession expiration of the Goods Base Warranty Period or six (6) months from the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day date of completion of the Services repair or replacement and is valid for 12 shall not exceed a maximum of thirty (30) months following completion from the Mechanical Completion Date (the “Repair Warranty Period”) (the Base Warranty Period plus the Repair Warranty Period are collectively referred to as the “Warranty Period”). Contractor shall, as mitigation of the Services. Notwithstanding damages suffered by the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall includeOwner, at BuyerContractor’s election own cost and at Seller’s sole risk expense (including the cost of labor and expense, the prompt repair, replacement equipment) promptly repair or reimbursement replace with materials of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services new and good quality any Work or reimbursement of the amounts paid for such services. Seller shall promptly materials which fail to comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct warranty during the nonconformanceWarranty Period.

Warranty. Seller (a) For Goods Orders, except as may be set forth in the warranty certificate (if any) presented with the applicable Order, Liebherr warrants that it has good title, free of encumbrances, all new Liebherr Goods to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designmaterial and workmanship for a period of six (6) months after the date of shipment. Buyer’s sole remedy under this warranty will be the repair or replacement of any part acknowledged by Liebherr to be defective within the warranty period, materials at Liebherr’s expense. Unless otherwise determined by Liebherr, repairs to or replacement of defective Goods will be made by Liebherr. If Liebherr determines to ship Buyer a part for replacement by Xxxxx, Buyer must have the defective part returned to Liebherr within fifteen (15) days after Liebherr ships the replacement part to Buyer, or else Buyer will be liable to pay Liebherr’s then-current list price for the replacement part. This warranty will not apply to (1) consumables, including, without limitation, filters and workmanship; wire ropes, (ii2) normal maintenance services, or (3) any product that has been damaged in any accident by fire, flood, or any act of God, or abused or misused or that has been repaired or altered by anyone other than Liebherr. All used Goods are sold AS-IS and Liebherr makes no representations or warranties as to such Goods. (b) For Service Orders, Liebherr warrants that all services will be performed in a workmanlike manner. Any claim for breach of this warranty must be made within six (6) months after the date of performance of the services. Xxxxx’s sole remedy in the event of a breach of this warranty will be re-performance of the services by Liebherr at Liebherr’s expense. (c) THE WARRANTIES IN THIS SECTION 11 ARE THE ONLY WARRANTIES APPLICABLE TO ANY GOODS AND SERVICES AND ARE EXPRESSLY IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED BY LAW (INCLUDING ANY WARRANTIES OTHERWISE IMPLIED BY LAW BY THE MANUFACTURER OF THE GOODS OR ITS COMPONENT SUPPLIERS), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES STATED HEREIN ARE THE ONLY REMEDIES AVAILABLE. (d) All information, including, without limitation, performance estimates, provided by Seller or the manufacturer with regard to the Goods, whether provided as a statement of the Good’s specifications or capabilities or as a specific estimate with regard to Buyer’s operations, is based upon expected performance under normal operating conditions, including, without limitation, the use of an experienced operator and conditions that conform to the required specifications provided by Buyer, and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller such information is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s without guarantee or warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach kind. Neither Seller nor the manufacturer shall have any liability for performance estimates or estimates of warranty. The warranty for Goods commences on the later wear rates of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceparts.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further 9.1 ALSTOM warrants that all Goods delivered Services furnished hereunder shall (i) comply in all respects with the Contract; that the Services furnished by ALSTOM shall be free from defects non-conformities in design, materials and workmanship; (ii) conform to workmanship as specified in the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient Contract. The warranty period for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and twelve (ii12) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following from completion of the Services.. ALSTOM will upon written notice by PREPA fully remedy, free of expense to PREPA, such non-conforming Services provided that PREPA's equipment has been properly installed and accepted by PREPA (i.e. the craft labor has performed the installation services in accordance with ALSTOM's technical consultation), maintained and operated within the specified parameters (including ALSTOM operating instructions as contained the O&M Manual applicable to the Equipment on which Services were performed). Notwithstanding Unless ALSTOM is providing the foregoingcraft labor as part of its scope of Services under a Contract, Seller’s PREPA will provide the necessary craft labor for any warranty work that has to be performed in order to comply with the requirements established under this clause. In no event shall any notice of warranty non• conformance be effective if given more than thirty (30) days following expiration of the warranty period. The Performance and Payment Bond (if Contract Contract Requisition 00168922 any) shall cover and serve as guarantee for Goods this warranty. Upon expiration of the warranty period, the Performance and Payment Bond shall expire and shall be returned to ALSTOM or, if not returned, PREPA shall furnish a letter to ALSTOM and the issuer of the Performance and Payment Bond that it acknowledges the expiration of the Performance and Payment Bond. 9.2 For Services which prove defective or deficient during the warranty period, ALSTOM shall repair or at its option, replace or re-perform, at its own expense, such non-conforming Services. Re-performance of non• conforming Services pursuant to warranty shall not renew or extend the applicable warranty period, provided however, that any such repair, replace or re-performance of Services shall survive such 12 month be warranted for the time remaining of the original warranty or for one hundred and eighty (180) days after correction, whichever is longer. In no event shall any warranty period, including extension thereto, extend for more than eighteen (18) months from commencement of the initial warranty period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warrantiesServices. Remedies shall includeALSTOM may, at Buyer’s election its option, substitute improved products when correcting Services. The Performance and at Seller’s sole risk Payment Bond shall cover and expenseserve as guarantee for ALSTOM's failure, the prompt repairin whole or in part, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceproperly perform its obligations under this paragraph.

Warranty. Seller warrants to Buyer that all tangible articles manufactured by Seller will be free of defects in workmanship and material and that the work performed will be of good quality and will conform to the requirements of the bid documents. If the article is installed by Seller, Seller’s sole obligation under this warranty shall be to provide, without charge, parts and labor necessary to remedy defects which appear within twelve (12) months from the date of beneficial use or occupancy, as applicable. If Seller provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date. If article is not installed by Seller, the warranty period shall be within twelve (12) months of shipment of said article. Warranty claim must be made to Seller in writing within such twelve (12) month period. All transportation charges incurred in connection with the warranty for equipment not installed by Seller shall be borne by Buyer. Seller warrants that it has good titlefor equipment furnished and or installed, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunderbut not manufactured by Seller, Seller warrants that will extend the same warranty terms and conditions which Seller receives from the manufacturer of said equipment. This warranty is the sole and exclusive warranty given with respect to any articles delivered or services performed by Seller. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED (iEXCEPT WARRANTIES OF TITLE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is subject to proper installation of the articles (if installation is not performed by Seller or authorized subcontractors of the Seller) and maintenance and storage of the Services shall be provided with all due skill and articles in accordance with these Terms the specifications and directions supplied by Seller. This warranty does not apply to any defect, malfunction or failure caused by repairs made by other than or without the consent of Purchase and industry recommended standards and practices; and (ii) Seller or the personnel assigned article has been subject to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturerabuse, misuse, neglect, tampering, accident or damage by circumstances beyond Seller’s warranty to the benefit control, including without limitation, acts of Buyer. These warranties shall be in addition to all other warrantiesGod, expresswar, implied or statutory. Payment foracts of government, inspection ofcorrosion, power fluctuations, freeze-ups, labor disputes, differences with workmen, riots, explosions, vandalism, or receipt of Goods malicious mischief, nor to defective associated equipment or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later use of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid articles with equipment for the longer of 12 months or the length which they were not sold. All of Seller’s obligations under this warranty will immediately terminate and be of no further force or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods effect if all or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price (including any installment payment) with respect to any article covered by this warranty is not paid to Seller when due. If cause of the nonconforming goods and/or the prompt correction of the nonconforming services defect is found not to be Seller’s responsibility, standard rates for repair or reimbursement of the amounts paid for such services. Seller replacement and labor shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceapply.

Warranty. 23. Unless otherwise stated, all warranties provided by Seller warrants that it has good title, free pursuant to this agreement have a term of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (ilesser of: a) be free one year from defects in design, materials and workmanshipthe date of delivery of the Goods; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (iand b) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences date on the later of the date Buyer takes physical possession of the Goods or which the Goods have been installed used for a total of 2000 operating hours, as determined by the Seller c) (the “Warranty Period”). 24. If the Seller has not been notified of a defect within the Warranty Period, then the defect shall be deemed to have arisen after the Warranty Period has expired. 25. Seller will repair or replace at its own cost all Goods of its own manufacture or manufactured by third parties exclusively for Seller and provided new to Buyer, which on examination by Seller and is valid are found by Seller to be defective in materials or workmanship . Goods not manufactured by or exclusively for Seller carry only the longer of 12 months or the length of Seller’s or the original manufacturer’s standard warranty. 26. All warranty periodservice repairs will be performed on weekdays, and the warranty for Services commences on the day of completion between 8:00 am to 5:00 pm local time. Warranty service repairs performed outside of the Services and is valid for 12 months following completion of aforementioned hours by the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable subject to an hourly fee. If, in the reasonable opinion of the Seller, it would be impractical or uneconomical for the Seller to perform warranty service repairs at the Buyer’s premises, the Seller shall arrange to have the Goods removed from the Buyer’s premises and save Buyer harmless shipped to a location designated by the Seller for warranty service repairs. All costs of removal and reinstallation of the Goods and shipping of the Goods to and from any loss, damage or expense that Buyer may incur as a result of the Seller’s breach location shall be borne by the Buyer. 27. Where Seller has provided performance or production figures to the Buyer, such figures are based on experience obtained during tests by the Seller at the Seller’s premises. Seller will not be liable to Buyer for failure to obtain equivalent results on any specific installation. If Goods fail to meet Seller’s performance figures due to a defect in materials or workmanship, and Seller is notified of these warranties. Remedies such failure during the Warranty Period, then the Seller shall includerepair or replace as reasonably necessary in order to ensure that such figures are met, at Buyer’s election and at provided however that if, in Seller’s sole risk and expenseunfettered discretion, it would be impractical or uneconomical for Seller to make such repairs or replacements, Seller may at its option remove and keep any such defective Goods and refund all payments made by the prompt repairBuyer, and this Agreement shall be terminated. 28. Any and all warranties set out herein shall immediately be void and unenforceable if: a) Buyer shall not have paid in full all invoices for Goods supplied or contract work performed by Seller when due, as set out in the terms of credit agreed to by the parties in this Agreement; b) Buyer shall have permitted a person other than Seller, or a person approved or authorized by Seller, to effect any replacement or reimbursement parts, maintenance adjustments or repairs to the Goods; c) Buyer shall not have properly operated or maintained the Goods in accordance with instructions given or issued by Seller from time to time; or d) Buyer shall have used any spare or replacement part not manufactured by or on behalf of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancesupplied by Seller.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further Vendor represents and warrants that all Goods delivered hereunder shall Materials furnished under the Purchase Contract will (i) be free from defects in design, materials and workmanship; (iia) conform to specifications, samples and/or instructions issued by Buyer; (b) will be first class quality, free from faults or defect; (c) conform in all respects with all laws, ordinances, codes, rules, and regulations of federal, state, county, and/or municipal governmental entities (including code and fire officials) having jurisdiction over Vendor, the required specifications Materials, the Project, and/or the Project site (collectively, “Laws”); (d) be merchantable at the time of delivery to Buyer and all other requirements at the time of these Terms of Purchase, use by Owner; and (iiie) be fit and sufficient safe for sale and use by Buyer and Owner for which such items are ordinarily intended and for any particular intended use of which Vendor has actual or constructive knowledge. All warranties set forth herein or in any other part of the Purchase Contract (including warranties incorporated herein by reference), or which Law implies, shall survive any inspection, acceptance, or payment by Buyer. Subject to the foregoing, Vendor warrants all Materials for the purpose intended; and longest of: two (iv2) be free years from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasethe date Buyer accepts the Materials, the warranty period provided by applicable Law, or the warranty period required by the Owner/Buyer Agreement. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These Such warranties shall be in addition to all and not a limitation on Buyer’s other warrantiesrights and remedies under this Agreement, express, implied or statutory. Payment for, inspection ofat law, or receipt of Goods in equity. All special warranties and guarantees or Services manufacturers’ warranties and guarantees shall not constitute a waiver be assigned to Owner. If defective Materials are shipped to and rejected by Buyer, the quantities under the Purchase Contract will be reduced unless Buyer of any breach of warrantyotherwise notifies Vendor. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller Vendor agrees to accept return, at Vendor’s risk and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodexpense at full invoice price plus transportation charges, and the warranty to replace defective Materials as Buyer deems necessary; and/or Vendor will reimburse Buyer for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless all reasonable expenses that result from any loss, damage rejection or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancedefective Materials.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) Products will operate or perform substantially in conformance with Seller’s published specifications and be free from defects in design, materials material and workmanship; , when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (ii1) conform year from the date of shipment to the required specifications Purchaser for equipment and ninety (90) days for all other requirements products (the “Warranty Period”). Seller agrees during the Warranty Period, to repair or replace, at Seller’s option, defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Purchaser shall (a) promptly notify Seller in writing upon the discovery of these Terms any defect, which notice shall include the product model and serial number (if applicable) and details of Purchase, (iii) be fit and sufficient for the purpose intendedwarranty claim; and (ivb) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunderafter Seller’s review, Seller warrants that will provide Purchaser with service data and/or a Return Material Authorization (i“RMA”) , which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Purchaser may return the Services defective Products to Seller with all costs prepaid by Purchaser. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Purchaser of repaired or replacement Products shall be provided with all due skill and made in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later Delivery provisions of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, Terms and Conditions of Sale. Consumables are expressly excluded from the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Servicesunder this warranty. 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’s , but Seller agrees to assign to Purchaser any warranty for Goods rights in such Product that Seller may have from the original manufacturer or Services third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall survive such 12 month period and Seller have any termination obligation to make repairs, replacements or expiration of these Terms of Purchase if Counterfeit Workcorrections required, latent defectsin whole or in part, fraud or misrepresentation on as the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Purchaser, (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 storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller’s breach . If Seller determines that Products for which Purchaser has requested warranty services are not covered by the warranty hereunder, Purchaser shall pay or reimburse Seller for all costs of these warranties. Remedies shall include, at Buyer’s election investigating and responding to such request at Seller’s sole risk then prevailing time and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming materials rates. If Seller provides repair services or reimbursement of replacement parts that are not covered by the amounts paid for such serviceswarranty provided in this warranty, Purchaser shall pay Seller therefor at Seller’s then prevailing time and materials rates. Seller shall promptly comply with Xxxxx’s direction to repairANY INSTALLATION, rework or replace the goodsMAINTENANCE, furnish any material or parts and installation required to successfully correct the nonconformanceREPAIR, 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 REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.

Warranty. The warranty period of the machine is at least 12 months. The Seller warrants that it has good titleis liable for defects in the Goods at the time of Handover and is also liable for defects in the Goods found during the warranty period. The Seller is not liable for defects in the Goods caused by the Buyer, free of encumbrances, a third party or force majeure. The warranty period does not run for a period during which the Buyer could not use the Goods for defects in the Goods for which the Seller is liable. The warranty period does not run for a period during which the Buyer could not use the Goods for defects in the Goods for which the Seller is liable. The Buyer is obliged to claim defects in writing against the Seller without undue delay after finding them. The notification (claim) shall be sent to the Goods delivered hereunderaddress of the Seller and to its e-mail address specified in paragraph 9 of this Article hereof. Seller further warrants that all Goods delivered hereunder In the event of an accident preventing the proper use, it shall try to call the contact person by phone at the number specified in paragraph 9. 9 of this Article hereof. Defects must be described in the claim or it is necessary to state how they are manifested. Furthermore, in the claim, the Buyer shall state how it requests to arrange a remedy. The Buyer is entitled to request: Removal of a defect by delivery of a replacement performance (ifor defects of materials, fixtures, etc.) be free Removal of a defect by repair, if the defect is repairable, A reasonable discount from the agreed price. The Buyer's right arising from the warranty shall expire if the Buyer does not report defects in designthe Goods Without undue delay after finding them, materials Without undue delay after it should have found them out while exercising professional care during the inspection upon the Handover and workmanshipAcceptance of the Goods, Without undue delay after they may have been found later in the exercise of professional care, but not later than the end of the warranty period. Claims may be submitted not later than the last day of the warranty period; (ii) conform a claim sent by the Buyer on the last day of the warranty period is considered to have been submitted in time. The claim period is 6 months. The Seller is obliged to notify the required specifications and all other requirements of these Terms of PurchaseBuyer in writing, (iii) be fit and sufficient for within 20 days after receiving the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchaseclaim within the claim period, whether or not it accepts the claim. If it does not do so, the Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and deemed to accept the Buyer's claim. However, the Seller must always rectify the defects in accordance with these Terms Article IX of Purchase and industry recommended standards and practices; and (ii) this Contract. If it is proven in disputed cases that the personnel assigned Buyer made a claim unjustifiably, i.e. that the defect claimed by it did not arise due to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later fault of the date Buyer takes physical possession Seller and that it is not covered by the warranty period or that the defect was caused by the improper use of the Goods or by the Goods have been installed Buyer, etc., the Buyer is obliged to reimburse the Seller for all costs incurred by it in connection with the removal of the defect. The Buyer is obliged to allow the workers of the Seller, accompanied by an authorised person of the Buyer, access to the premises necessary to remove the defect. If it fails to do so, the Seller and is valid not in delay with the deadline for the longer start of 12 months removing the defect or with the length of Seller’s or deadline for removing the manufacturer’s standard warranty period, and the warranty for Services commences defect. The Buyer shall draw up a report on the day of completion removal of the Services and is valid for 12 months following completion claimed defect, in which it shall confirm the removal of the Services. Notwithstanding defect or state the foregoing, Seller’s warranty reasons for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on which it refuses to accept the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants agrees that all Goods delivered hereunder shall (i) goods furnished pursuant to this order will be new, will be merchantable, will be of good material and workmanship, and will be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchaseany defects. If Seller is providing Services hereunderseller knows or has any reason to know the particular purpose for which the Company intends to use the goods, Seller warrants that (i) the Services shall goods will be provided with fit for that particular purpose. Seller warrants that all due skill goods will conform to any such statements made on the containers, labels or advertisements for such goods and that the goods will be properly contained, packaged, marked and labeled. Seller warrants that the goods will conform to the specifications, drawings, samples or other descriptions specified by the Company or, if none are so specified, to Seller’s standard specifications for, and descriptions and samples of, such material. Seller warrants that all goods will be delivered free from any liens, security interests, encumbrances or claims of any nature, that Seller has good title to the same, an that transfer of title is rightful. SHIPMENT Times and dates herein are of the essence. C.O.D. shipments will not be accepted. No charges will be allowed for packing, crating, freight express or cartage unless specified on the face hereof. All goods are to be suitably prepared and packed for shipment in accordance with these Terms of Purchase good commercial practice so as to not affect safe delivery and industry recommended standards freedom from damage, to secure the lowest transportation rates and practices; and (ii) to meet the personnel assigned carrier’s requirements. INSPECTION All goods to carry out the Services be furnished hereunder shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty at all times be subject to the benefit Company’s inspection, but neither inspection by the Company nor failure to inspect shall relieve Seller of Buyerany obligation hereunder. These warranties Final inspection shall be at the Company’s premises unless otherwise agreed in addition writing. Goods rejected as not conforming to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty this order will be held for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election instruction and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesrisk. Seller shall promptly comply with Xxxxxhave no right to payment prior to the Company’s direction to repair, rework or replace inspection and acceptance of the goods. Risk of loss and title shall remain with Seller until the Company actually receives, furnish inspects and accepts the goods. If, in the Company’s opinion, any article, material or parts other portion of the goods fails to conform to specifications or is otherwise defective, the Company may elect to have Seller promptly replace same at Seller’s expense. No acceptance or payment by the Company shall constitute a waiver of any rights of the Company; and installation required to successfully correct nothing herein shall exclude or limit any warranties or other obligations of Seller implied or provided by law. Inspection by the nonconformanceCompany at the sellers premises shall be allowed.

Warranty. 13.1 Seller warrants to Buyer that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) Supply will be new and free from defects in design, materials material and workmanship; , hereinafter “Warranty”. Seller’s Warranty shall be subject to the provisions below. 13.2 Unless otherwise stated in Seller’s quotation / offer, the warranty period for the Supply shall be 15 months from the date of Seller’s notification of readiness for shipment or 12 months from the start-up of the Supply at the place of installation, whichever comes first and shall not be subject to any suspension or extension for any reason whatsoever. For auxiliary equipment the warranty period shall be 12 months from the date of shipment, for spare parts, the warranty period shall be 6 months from the date of shipment. 13.3 Buyer must notify Seller in writing of any defects of the Supply providing all reasonable details, including contract details. This notice of defect, hereinafter “Complaint”, has to be transmitted to Seller immediately after discovery of a defect or after Buyer ought to have discovered it. 13.4 If Seller determines that a Complaint is justified, Seller shall have the option to: (i) supply any replacement part(s) free of charge and / or (ii) conform repair the Supply. In case of repair of the Supply, Seller shall bear the cost of its labor and Buyer shall bear the travel and lodging expenses of Seller. 13.5 The Supply that is subject to a Complaint shall not be returned by Buyer to Seller, unless otherwise agreed. Defective parts of the Supply will become Seller’s property once they are replaced and are to be returned to the required specifications Seller at its request and all other requirements cost immediately after replacement. 13.6 A Complaint is not justified, and a defect is not subject to Seller’s warranty: (i) if Xxxxx fails to transmit a Complaint immediately after discovery of these Terms of Purchase, a defect, (ii) if Buyer fails to provide its reasonable assistance to enable Seller to rectify a defect, (iii) be fit if a defect has been caused by an improper operation or treatment of the Supply, by failure to comply with Seller’s operating instructions, operating conditions and sufficient for the purpose intended; / or service and maintenance intervals, (iv) if a defect has been caused by natural wear and tear (e.g. consumables) and / or by the use of non-recommended materials or (v) if without Seller’s consent modifications or repairs are made to the Supply or if a part of the Supply is substituted with a part that is not provided or recommended by Seller. 13.7 Defects in material and workmanship are not subject to Warranty in case Seller has offered Supply-related-Services (as per section 12) and Buyer has not ordered at least supervision of installation from Seller. 13.8 If repeated attempts to rectify a defect fail or if it is impossible or economically unviable to rectify a defect, Buyer will have the right, in case an agreement on a reasonable price reduction cannot be free reached and the defect amounts to a material breach of contract, to withdraw from “Counterfeit Work” as defined the Contract and Seller will reimburse the Price already paid without interest in Section 33 exchange for transfer to, or retention by, Seller of these Terms ownership and possession of Purchase. the Supply. 13.9 If Seller is providing Services hereunderfails to take any action to rectify a defect within a reasonable time, Seller warrants that (i) and after a final time limit agreed by the Services Parties has expired, Buyer shall be provided entitled to rectify the defect with all due skill care and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingcompetence at Seller’s expense. Seller shall pass through any applicable manufacturer’s warranty to the benefit reimburse Buyer for all reasonable, documented direct costs arising out of Buyer. These warranties shall be such rectification of defects. 13.10 The Warranty set forth herein is exclusive and in addition to lieu of all other warrantieswarranties express or implied by law, expressincluding without limitation, any implied warranties of merchantability or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute fitness for a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodparticular purpose, and the warranty for Services commences on the day remedies mentioned in section 13.4, 13.8 and 13.9 will be Buyer’s sole and exclusive remedies in case of completion defects of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceSupply.

Warranty. 14.1 The Seller warrants that it has good title, clear title to all Goods furnished hereunder and that the same are being delivered free and clear of any encumbrances, to the Goods delivered hereunder. . 14.2 The Seller further warrants that all such Goods delivered hereunder shall (i) conform to the Purchaser's specifications, the requirements of the Purchase Order and approved sample or samples, if any, and further, that such shall be merchantable and fit for the Purchaser's intended use and that such items shall be free from defects in design, materials material and workmanshipworkmanship (collectively, ”the Seller's Warranty"). 14.3 The Seller's Warranty shall remain in effect for a one (1) year period after acceptance of the Goods by the Purchaser, or for such longer period of time as the item is normally warranted. 14.4 Neither approval by the Purchaser of the Seller's design nor acceptance of the Goods shall release or discharge the Seller from liability for damages resulting from any breach of Seller's Warranty. 14.5 If any defect, failure or other non-conformity appears, the Purchaser shall have the right to take the following actions: (1) retain such defective items or portion of the Goods, in which event an equitable adjustment will be made in the price for such defective items; (ii2) conform require the Seller to repair or replace such defective items or portion of the required specifications Goods, at the Seller's sole expense, including all Shipping, transportation, and all other requirements installation costs, if applicable; or (3) correct or replace such defective items or portion of these Terms the Goods with similar items and recover the total cost thereof from the Seller. 14.6 The aforesaid warranties shall survive acceptance and payment and shall operate in favour of Purchasethe Purchaser and shall not be deemed to be exclusive, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties but shall be in addition to all the Purchaser's other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on rights under the later terms of the Purchase Order or under these Terms and Conditions or at law. 14.7 The Seller furthermore warrants that the Services will be rendered in a proper and workmanlike manner and that, as at the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller conclusion of this Agreement, it is - and is valid will for the longer duration thereof remain - compliant with all applicable legislation, including but not limited to the Occupational Health and Safety Act, Act No 85 of 12 months or 1993, as well as the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceConstruction Regulations issued under Section 43 thereof.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in design, materials material and workmanship; (ii) conform , when subjected to the required specifications normal, proper and all other requirements of these Terms of Purchaseintended usage by properly trained personnel, (iii) be fit and sufficient for the purpose intendedperiod of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of delivery, and where applicable, one (1) year from successful SAT (the "Warranty Period"). Seller agrees during the Warranty Period, to repair or replace, at Seller's option, defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Buyer shall (a) 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 warranty claim; and (ivb) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunderafter Seller’s review, Seller warrants that will provide Buyer with service data and/or a Return Material Authorization (i) “RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the Services 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 of Products subject to warranty shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingDAP origin. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of Consumables are expressly excluded from this warranty. The warranty Warranty Period does not restart for Goods commences on Products repaired during the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the ServicesWarranty Period. 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’s , but Seller agrees to assign to Buyer any warranty for Goods rights in such Product that Seller may have from the original manufacturer or Services third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall survive such 12 month period and Seller have any termination obligation to make repairs, replacements or expiration of these Terms of Purchase if Counterfeit Workcorrections required, latent defectsin whole or in part, fraud or misrepresentation on as the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach (i) normal wear and tear, (ii) accident, disaster or event of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.force majeure,

Warranty. Seller 12.1. Solectron warrants that it has good titlefor a period of [*] from the date of completion of the manufacture of the Product, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services Product will conform to the specifications applicable to such Product at the time of its manufacture, which are furnished in writing by Brocade and accepted by Solectron; (ii) such product will be of good material (except for material supplied by Brocade) and workmanship and free from defects for which Solectron is responsible in the manufacture; (iii) such Product will be free and clear of all liens and encumbrances and that Solectron will convey good and marketable title to such Product. 12.2. All Products are subject to Brocade's inspection and acceptance at Brocade's facility or facility of the purchasers of the Products before final acceptance. If any Product delivered hereunder fails to conform to the specifications provided by Brocade and accepted by Solectron, then Brocade shall notify Solectron of such failure and Solectron will have up to five (5) business days after receipt of defective Product, to either repair or replace the Product at Solectron's option and cost for Solectron-caused problems. If Solectron fails to repair or replace such Product within such five (5) business day period, then Brocade shall have the right, without liability, to require expedited shipping of the conforming Product at Solectron's sole cost. 12.3. In the event that any Product manufactured shall not be provided in conformity with all due skill and the foregoing warranties, Solectron shall, at Solectron's sole expense, replace, repair or correct such Product within [*] of receipt of such defective Product. Solectron shall waive any charges to Brocade in accordance order to effect the replacement of such defective Products to Brocade. Solectron agrees to maintain a repair capability for products under warranty. If Solectron is unable to repair, replace or correct such product, then Solectron shall credit Brocade for the purchase price paid by Brocade for such Product. 12.4. The foregoing constitutes Brocade's sole remedies against Solectron for breach of warranty claims. 12.5. Solectron shall have no responsibility or obligation to Brocade under warranty claims with these Terms respect to Products that have been subjected to abuse, misuse, accident, alteration, neglect or unauthorized repair. 12.6. Solectron shall have no liability or responsibility for any losses, damages, or failures to the extent that any such claims are a result of Purchase and industry recommended standards and practices; and (i) Solectron's compliance with Brocade's supplied specifications, (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit negligence of Buyer. These warranties shall be Brocade in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace supplying the goods, furnish any material services, or parts * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. information in connection with the design, development, distribution, and configuration of the product, (iii) modification or alteration of product by a party other than Solectron, (iv) incorrect installation required to successfully correct or incorporation of product by either Brocade or Brocade's authorized field representative, (v) inherent design flaws the nonconformanceproduct which may induce intermittent failures, (vi) and transportation damage from approved freight carriers. 12.7 THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, AND SOLECTRON EXPRESSLY DISCLAIMS AND BROCADE WAIVES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR USE.

Warranty. Seller Notwithstanding the provisions of the End User License Agreement, DiabloSport warrants that it has good title, free of encumbrances, the Product to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from all defects in design, materials material and workmanship; (ii) conform workmanship for 2 years from the date of original purchase. This limited warranty app- lies only to the required specifications and all original Purchaser of the Product. This limited warranty does not cover damage caused by modification, al- teration, repair or service of the Product by anyone other requirements of these Terms of Purchasethan DiabloSport, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined physical abuse, misuse, use in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty a manner contrary to the benefit of Buyer. These warranties shall be in addition to all other warrantiesinstructions, express, implied or statutory. Payment for, inspection ofwhich accompany the Product, or receipt any damage caused by acts of Goods God. Contacting your Distributor or Services shall not constitute a waiver by Buyer Dealer may make claims for repair service or replacement of any breach of the Pro- duct pursuant to this limited warranty. The warranty Chip will either be repaired or replaced, at the option of DiabloSport, at no cost to Purchaser, if the defective Product is covered by this limited warranty. DiabloSport’s liability pursuant to this limited war- ranty and for Goods commences on any damages, loss and/or claims associated with the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller Product shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, limited to the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction Product paid by Purchaser, or, at DiabloSport’s option, repair or replacement of the nonconforming services Product. a. DiabloSport offers a 30 day satisfaction guarantee on all products. b. DiabloSport products carry a 2 year warranty against defects in materials or reimbursement workmanship. i. DiabloSports liability under this warranty shall be limited to the correction or replacement of any defective part or product in question which DiabloSport determines to be necessary. ii. Warranty freight charges are the responsibility of the amounts paid dealer distributor and/or customer. iii. This warranty is to the original purchaser and is non trans- ferable. iv. This warranty is void unless proof of purchase is submitted. Product must be purchased at an DiabloSport Authorized Dealer in order to qualify for such serviceswarranty. v. Removal of serial numbers and/or alteration of product or packaging will also void all warranties. c. DiabloSport shall not be held responsible for direct or indirect failures due to our product. d. DiabloSport shall not credit or repair any units that are not properly restored to the original backup upon time of return or may be VIN locked. i. VIN locked units, or improperly restored units, will be re- turned to customer. ii. Seller It is the customers responsibility to check any and all Dia- bloSport product to make sure the original backups have been restored to vehicles before the product shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancebe returned.

Warranty. Seller warrants that it has good title, free of encumbrances, all Products to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder be furnished under this Order shall (i) be free from defects due to faulty workmanship or material for the period of twelve (12) months from the date of delivery to Buyer. Seller neither expressly nor impliedly warrants against defects in design, workmanship and material of parts or materials manufactured by a third party (“Third Party Product”) and workmanship; (ii) conform to the required specifications utilized by Seller in our Products. Third Party Products are not covered by this warranty, and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 avoidance of these Terms of Purchase. If Seller is providing Services hereunderdoubt, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingSELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT. Seller shall pass through give to Buyer (insofar as it is assignable) the benefits of any applicable manufacturer’s express written warranties given to Seller by such manufacturer or other vendors. Seller shall have no obligation to process any warranty to claim against such manufacturer and supplies for the benefit of Buyer. These warranties Seller neither expressly nor impliedly warrants, nor makes any representation whatsoever, as to the service life of our products since conditions of usage and experienced service life are neither within the control of nor knowledge of Seller. This warranty shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences apply only on the later condition that; a. Xxxxx delivers written notice of the date Buyer takes physical possession of the Goods or the Goods have been installed by its claim under this Article to Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard within such warranty period, and the warranty for Services commences on the day of completion within fifteen (15) days of the Services time when Xxxxx discovers or should have discovered the defect which is the basis for its claim; b. Seller is given a reasonable opportunity after receiving notice to examine the Products and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Buyer (if Seller requests) returns such Products to Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and facility at Seller’s cost for such examination; c. Seller reasonably determines (in its sole risk discretion) that such allegedly defective Products are indeed defective and are not the result of normal wear and tear, have not been used by Buyer after giving notice, the Products have not been altered or repaired without Seller’s prior written consent, subject to accident, abuse or misuse, improper installation or removal, improper handling or have not been operated and maintained in accordance with the applicable specifications; and d. The Products have not been the subject of a replication (i.e. reverse engineering) program, either formal or informal, sponsored or supported by Buyer, U.S. Government or other entity. The obligations and liabilities of Seller under this warranty are expressly limited to (i) the replacement, repair or re-performance by Seller of such Products, or (ii) credit or refund of the Price of such Products at the pro rata Price but, if Seller requests, Buyer shall, at Seller’s expense, the prompt repairreturn such Products, replacement or reimbursement to Seller. Buyer may effect warranty repairs of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid confirmed defective Products at its facility only with Seller’s prior written approval. Seller will reimburse Buyer for such servicesrepair at labor rates to be mutually agreed upon, but not exceeding Seller’s own rates. Seller shall promptly comply will reimburse Buyer for its reasonable transportation costs to return such Products which are confirmed by Seller to be defective in accordance with Xxxxx’s direction to repairsubparagraph (8)(c) above when greater than $50.00. THE WARRANTIES PROVIDED IN THIS CLAUSE ARE EXCLUSIVE AND IN SUBSTITUTION FOR, rework or replace the goodsAND SELLER HEREBY DISCLAIMS, furnish any material or parts and installation required to successfully correct the nonconformance.AND BUYER HEREBY WAIVES, ALL WARRANTIES AND LIABILITIES OF SELLER AND ALL CLAIMS AND REMIDIES OF BUYER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN ANY PRODUCS, INCLUDING, WITHOUT LIMITATION, ANY (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE,

Warranty. Seller Vendor represents and warrants that that: (a) it has is transferring good title, free of encumbrances, title to the Goods delivered hereunder. Seller further warrants that all (free and clear of any claims, security interests, liens or encumbrances), it has sufficient right, title and interest to assign the ownership rights and grant the licenses hereunder and the Goods delivered hereunder shall and Services (iand process for making the Goods and use of the Services) be free from defects in design, materials and workmanshipdo not infringe or misappropriate any patent or other proprietary rights of a third party; (iib) the Goods and Services shall conform to the required specifications and all descriptions in the Order and any drawings, samples, designs, or other requirements specified by Pioneer, and be packaged as instructed by Pioneer; (c) the Goods shall be commercially similar to previous goods of these Terms the same type as previously ordered by Pioneer, be free of Purchasecontaminants and be of merchantable quality; (d) Goods and Services shall be new, (iii) be free of defects in materials, workmanship and design and be fit for their intended use and sufficient for the purpose intendedany particular purposes of which Vendor knows or has reason to know; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (ie) the Services shall be provided with all due skill performed in a good, prompt and professional manner by qualified personnel in accordance with these Terms of Purchase the Order and industry recommended standards consistent with best practices. Unless otherwise stated in the Order, Goods and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty conform to the benefit warranties in this Section for a minimum of Buyer12 months from the date of use of Goods or, for Services, the completion of performance of Services. These warranties shall be survive the delivery, inspection, acceptance, or payment of or for the Goods or Services by Pioneer and are in addition to all any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Pioneer’s discovery of the noncompliance of the Goods with any the foregoing warranties. If Pioneer gives Vendor notice of noncompliance with this Section, expressVendor shall, implied at its own expense and at Pioneer’s option, repair or statutory. Payment for, inspection of, replace the defective or receipt of nonconforming Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty or refund the Price for Goods commences on the later of the date Buyer takes physical possession of the such nonconforming or defective Goods or the Goods have been installed by Seller Services, and is valid pay for all related expenses, including without limitation shipping charges for the longer return of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, defective Goods and the warranty for Services commences on the day return of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for repaired or replacement Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancePioneer.

Warranty. Seller 13.1 Supplier expressly warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants and guarantees that all Goods delivered and services furnished hereunder shall (i) conform to all specifications, drawings, appropriate standards and other requirements of PTI and the Order; (ii) will be new; (iii) will be fit for the particular purpose intended by PTI and its customer; (iv) will be of merchantable quality and free from defects in material, workmanship and design. 13.2 Upon, materials and workmanship; (ii) conform only upon, PTI’s written request, Supplier shall promptly replace or adjust nonconforming or defective Goods free of charge or, at PTI’s option, compensate PTI for the value of these Goods or the cost for correction of defects. Supplier shall pay PTI all costs, losses or damages, including all incidental or consequential damages incurred by PTI, arising out of Supplier’s delivery of such nonconforming or defective Goods, including without limitation, all cost of inspection and any costs required to be paid to or on behalf of PTI’s customers. 13.3 PTI may resolve any alleged warranty claim, correct allegedly defective Goods at the Supplier’s expense and/or replace such Goods at Supplier’s cost, all without Supplier’s approval. 13.4 If inspection by PTI of all delivered Goods is affected after discovery of defective Goods, the Supplier shall reimburse PTI the cost of such inspection. 13.5 Supplier shall reimburse PTI its freight costs for the delivery of any defective Goods and, if returned to the required specifications Supplier, the return freight, including any extra costs for urgent delivery. 13.6 Inspection, test, acceptance or use of the Goods or services furnished hereunder shall not affect the Supplier’s obligation under this warranty and all other requirements of these Terms of Purchasesuch warranties shall survive inspection, (iii) testing, acceptance and use. 13.7 Should a hidden defect be fit subsequently discovered in any Goods which were delivered within the warranty period, the Supplier will be responsible hereunder as though discovered and sufficient for properly claimed during the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services warranty period. 13.8 This warranty shall be provided with all due skill and in accordance with these Terms valid for a period of Purchase and industry recommended standards and practices; and fifteen (ii15) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on years calculated from the later of the date Buyer takes physical possession of when the Goods are incorporated or the Goods have been installed by Seller and is valid for themselves are delivered to the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Sellerend customer. 13.9 Supplier’s warranty for Goods or Services shall survive such 12 month period PTI’s acceptance of any Goods and any termination or expiration shall run to PTI, its successors, assigns and customer’s and users of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceGoods sold by PTI.

Warranty. (a) The Seller warrants that it has good titlesupplies delivered under this Contract, including related services, shall be free of encumbrancesfrom defects in workmanship and materials; shall be merchantable and fit for the particular purpose intended by Buyer; shall comply with the requirements and any drawings or specifications referenced herein; and, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) where design is Seller’s responsibility, be free from defects in design. These warranties are provided in addition to any other warranties expressed or implied by law; and they shall survive any inspection, materials and workmanship; acceptance or payment by Buyer. Notice of defect or nonconformance shall be given by the Buyer to the Seller within one year of acceptance of the defective or nonconforming supplies. Within a reasonable time after such notice, the Buyer may either (ii1) by written notice require the prompt correction or replacement of any supplies or part thereof that do not conform to the required specifications requirement of this Contract within the meaning of this General Provisions or (2) retain such supplies whereupon the contract price thereof shall be reduced by an amount equitable under the circumstances and, if applicable, the Seller shall promptly make appropriate reimbursement to Buyer. When return, correction, or replacement is required, the Buyer shall return supplies to the Seller, in which event transportation charges, not exceeding usual charges, from the delivery point to the Seller’s plant and all other requirements return, and responsibility for such supplies while in transit shall be borne by the Seller. Any supplies or parts thereof corrected or furnished in replacement pursuant to this General Provision shall be subject to the provisions of these Terms of Purchase, this clause to the same extent as supplies initially delivered. (iiib) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, The Seller warrants that (i) the Services services delivered under this Contract shall be provided with all due skill performed in a good and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingworkmanlike or professional manner. Seller shall pass through any applicable manufacturer’s This warranty to the benefit of Buyer. These warranties shall be is in addition to all any other warranties, express, warranties expressed or implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller law; and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination inspection, acceptance or expiration payment by Xxxxx. Notice of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller nonconformance shall be liable for and save given by the Buyer harmless from any loss, damage or expense that Buyer may incur as a result to the Seller within one year of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price acceptance of the nonconforming goods and/or services. Within a reasonable time after such notice, the Buyer may either (1) by written notice require prompt correction re-performance of the nonconforming services or reimbursement of (2) reduce the amounts paid for such services. contract price by an amount equitable under the circumstances and, if applicable, the Seller shall promptly comply with Xxxxx’s direction make appropriate reimbursement to repair, rework or replace Buyer. Any re-performed services shall be subject to the goods, furnish provisions of this clause to the same extent as when initially delivered. (c) The rights and remedies provided in this General Provision are in addition to and do not limit any material or parts and installation required to successfully correct rights afforded the nonconformanceBuyer by any other provision of this Contract.

Warranty. Seller Supplier warrants to Company, as defined in this section, that it has good titleMATERIAL furnished will be new, free of encumbrancesmerchantable, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials material and workmanship; (ii) workmanship and will conform to and perform under normal use in all material respects with the required specifications Specifications, drawings and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined samples set forth in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyerthis Agreement. These warranties extend to the future performance of the MATERIAL and shall continue for a period of twelve (12) months from the date of delivery to an end user customer (hereinafter "Customer") but no longer than fifteen (15) from the date of shipment or, for MATERIAL installed by Company or its re-sellers, for a period of twelve (12) months from the completion of installation but no longer than fifteen (15) months from date of shipment. Supplier also warrants to Company that services will be performed in a first class, workmanlike manner. In addition, if MATERIAL furnished contains one or more manufacturer's warranties, Supplier hereby assigns such warranties to Company provided such assignment is expressly permitted under such warranties. Supplier warrants that at the time of delivery to Company such MATERIAL shall be in addition free of any security interest or any other lien or any other encumbrance whatsoever. All warranties shall survive inspection, acceptance and payment. Defective or non-conforming MATERIAL will, at Company's option, either be returned to all other warrantiesSupplier for repair or replacement, expressat no cost to Company, implied or statutory. Payment for, inspection ofwith risk of in-transit loss and damage borne by Supplier and freight paid by Supplier, or be repaired or replaced by Supplier on Customer's site or another site designated by Company at no cost to Company. Unless otherwise agreed upon by Supplier and Company, Supplier shall complete repairs and ship the repaired MATERIAL within [*] of receipt of Goods defective or Services non-conforming MATERIAL, or at Company's option, ship replacement MATERIAL within [*] after verbal notification is given Supplier by Company. Supplier shall not constitute bear the risk of in-transit loss and damage and shall prepay and bear that cost of freight for shipments to Company of repaired or replaced MATERIAL. If requested by Company, Supplier shall begin on-site repairs within [*] after verbal notification is given Supplier by Company. If MATERIAL returned to Supplier or made available to Supplier on site for repair as provided for in this section is determined to be beyond repair, Supplier shall promptly so notify Company and, unless otherwise agreed to in writing by Supplier and Company, Supplier shall ship replacement MATERIAL without charge [*] of such notification. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 28 Agreement No. SC11990054 Sheet 28 of 28 Replacement MATERIAL shall be warranted as set forth above in this "WARRANTY" section. Any MATERIAL which is repaired, modified, or otherwise serviced by Supplier shall be warranted as provided in this "WARRANTY" section for the remainder of the warranty period (based upon the date repair, modification or other service is completed and accepted by Company) or [*] after the MATERIAL is returned to a waiver Customer, whichever is later. Supplier considers MATERIAL year 2000 ready if the MATERIAL's performance and functionality are unaffected by Buyer the processing of any breach of warrantydates prior to, during and through the year 2000 transition, provided that hardware, firmware, software, and databases used in combination with the MATERIAL properly exchange accurate and correctly formatted date data with the MATERIAL. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodMATERIAL defined in APPENDIX A are considered Year 2000 ready. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 76 AND 28, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingMATERIAL IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit WorkAND SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES, latent defectsEXPRESS, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any lossIMPLIED, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall includeAND STATUTORY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceNON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

Warranty. Seller represents and warrants that it has good title, free of encumbrancesto JEG, to JEG's successors and assigns, and to each party to whom JEG must provide a warranty under the Goods delivered hereunderJEG Contract, that (i) Seller has valid and marketable title to the goods covered by the Purchase Order; (ii) all goods covered by the Purchase Order are free from any liens, security interests or other claims; and (iii) all goods and services shall be free from all defects and deficiencies and shall conform to all requirements of the Purchase Order. Seller further warrants that all Goods goods furnished under the Purchase Order shall be new, unless specifically stated otherwise in the Purchase Order, and shall be fit for their intended purpose and use, including without limitation, the use in any system on the Project of which the goods or services provided by Seller are a part. Seller further warrants that it, as well as its employees, agents and subcontractors, has and will maintain all the skills, experience and qualifications necessary to provide the services contemplated by the Purchase Order. The term of the warranty in this provision shall be one (1) year from the later of the date on which all goods have been delivered hereunder and all services have been performed by Seller under the Purchase Order, or the date on which acceptance of any system on the Project of which such goods and services are a part has occurred under the JEG Contract and JEG has received payment in full under that contract. In the event that a longer warranty period is prescribed under any provision of any document forming the Purchase Order, including, without limitation, the JEG Contract, such period shall constitute the warranty period under the Purchase Order. All other warranties set forth shall survive continuously. If any of the goods or services provided by Seller under the Purchase Order fail to perform their intended use properly during the warranty period, Seller shall promptly correct such deficiency in performance (i) be free from defects in designincluding without limitation, providing all labor, materials and workmanship; (iiother things necessary at the Project site and/or the place of manufacture to correct such deficiency) conform to at Seller's sole and exclusive expense. The warranties and remedies provided in the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties Order shall be in addition to all any other warranties, express, warranties or remedies implied or statutory. Payment for, inspection ofby, or receipt of Goods available at, law or Services required by the documents forming the Purchase Order. If the Seller is unable to or refuses to promptly correct or replace such deficiency, then JEG may repair or replace such goods and charge the Seller the cost. The one year warranty shall not constitute a waiver by Buyer of limit or eliminate any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods legal remedy, statutory or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceotherwise.

Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further expressly warrants that all Goods delivered hereunder goods or services furnished under this agreement shall (i) conform to all specifications and appropriate standards, will be new, free from defects in designmaterial or workmanship, materials and workmanship; (ii) will be provided in a safe, workmanlike fashion in full compliance with all applicable laws and regulations. Seller warrants that all such goods or services will conform to any statements made on the required specifications containers or labels or advertisements for such goods or services and that any goods will be adequately contained, packaged, marked and labeled. Seller warrants that all other requirements of these Terms of Purchasegoods or services furnished hereunder will be merchantable, (iii) and will be fit safe and sufficient appropriate for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 for which goods or services of these Terms of Purchasethat kind are normally used. If Seller is providing Services hereunderknows or has reason to know that particular purpose for which Buyer intends to use the goods or services, Seller warrants that (i) such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples. Inspection, tests, acceptance or use of the Services goods or services furnished hereunder shall be not affect the Seller's obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Seller's warranty shall run to Buyer, its successor, assigns and customers, and users of products sold by Buyer. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to Buyer, when notified of such nonconformity by Buyer, provided Buyer elects to provide Seller with all due skill the opportunity to do so. In the event of failure of Seller to correct defects in or replace nonconforming goods or services promptly, Buyer, after reasonable notice to Seller may make such corrections or replace such goods and services and charge Seller for the cost incurred by Buyer in accordance with these Terms doing so. Seller warrants that Seller has absolute and good title to and full right to dispose of Purchase the goods and industry recommended standards and practices; and (ii) that there are no liens, claims, or encumbrances of any kind against the personnel assigned to carry out the Services shall possess the necessary experience and traininggoods. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for indemnify and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies , and no limitations on Buyer's remedies in Seller's documents shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction operate to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancereduce this indemnification.

Warranty. Seller 9.1 Vendor warrants that it has good title, and marketable title to all products delivered to DN. Vendor shall deliver all products to DN free and clear of all liens and encumbrances, to the Goods delivered hereunder. Seller further Vendor warrants that all Goods delivered hereunder products or services shall (i) conform to the description and specification agreed upon by the Parties, be merchantable, and free from any defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchaseworkmanship or material. If Seller is providing Services hereunder, Seller Vendor also warrants that (i) the Services products or services are suited for their intended use. This warranty shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned extend to carry out the Services shall possess the necessary experience and trainingDN’s customers. Seller shall pass through any applicable manufacturer’s This warranty to the benefit of Buyer. These warranties shall be is in addition to all other warrantieswarranties implied in law. 9.2 VENDOR'S WARRANTY SHALL EXTEND FOR A PERIOD OF TWENTY- FOUR (24) MONTHS AFTER THE ITEM IS DELIVERED AND ACCEPTED BY DN. 9.3 Vendor shall remedy any defects within fourteen (14) days of notification from DN or its customer by either (at DN or customer’s option) correcting the defects at its own expense or by furnishing new products or services free of defects. Defective products may be returned to Vendor and repaired and/or replaced by Vendor at its own expense and risk. 9.4 If Vendor refuses, express, implied fails or statutory. Payment for, inspection ofis otherwise unable to correct a defect, or receipt of Goods to furnish new supplies or Services services, DN shall not constitute a waiver by Buyer of be entitled to: (a) terminate the whole or any breach of warranty. The warranty for Goods commences on the later part of the date Buyer takes physical possession contract without paying compensation; (b) demand a reduction of the Goods price; (c) make its own repairs or replacements, or engage a third party to carry out repairs or replacements and recover such costs from the Vendor; or (d) claim damages for non-performance or poor performance of the contract. 9.5 In the event that urgent repairs or replacements are essential to mitigate the costs and expenses and loss and damage suffered by the DN and Vendor is unable or has indicated that it is unable to complete such urgent repairs or replacements, DN may proceed to carry out repairs or replacements on its own or through a third party vendor and recover such costs from Vendor. 9.6 In the event Vendor repairs products, Vendor’s warranty obligations for the repaired products shall extend twelve (12) months commencing from the date of repair or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion end of the Services and original warranty, whichever is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancegreater.

Warranty. Seller warrants 9.1 Unless otherwise agreed, the warranty period for the deliverable is 24 months. This period shall begin to run upon the unloading of the de- liverable at the Purchaser’s delivery site in Switzerland. If shipment is delayed for reasons not attributable to Yunex, the warranty period shall end no later than 30 months from the date of notification that it has good titlethe deliverable is ready for shipment. 9.2 For substituted or repaired parts of the deliverable, free the warranty period is six months from the date of encumbrancessubstitution or repair, if the war- ranty period for the deliverable expires earlier. In any case, the war- ranty period shall end no later than 30 months from the beginning of the original warranty period 9.3 The warranty shall expire prematurely if the Purchaser or a third party makes alterations or repairs without the prior written consent of Yun- ex or if the Purchaser, having identified a defect, fails to take immedi- ately all proper measures to mitigate losses, notify Yunex of the de- fect and grant Yunex the opportunity to correct the same. 9.4 Yunex agrees, upon the written request of the Purchaser, to correct or replace, at its option, as soon as feasible all parts of the Goods delivera- ble that become damaged or unusable because of poor material, faulty construction, or defective execution until the expiry of the war- ranty period. The rejected parts must be delivered hereunderto Yunex upon re- quest. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designWhere Yunex does not request such return, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services parts shall be provided with all due skill and disposed of by the Purchaser. 9.5 The only warranted qualities are those expressly designated as such in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantyorder confirmation. The warranty for Goods commences on the later is deemed to have been ful- filled if proof of the date Buyer takes physical possession relevant quality has been provided at the time of the Goods or acceptance; otherwise, the Goods have been installed by Seller and is valid for warranty applies until the longer expiry of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and no longer. Unless the warranty for Services commences on warranted qualities are satisfied in full, the day of completion Purchaser shall initially have the right to correction by Yunex. Unless this correction is fully successful, the Purchaser has the right to a reasonable reduction of the Services price. If the defect is so serious that it cannot be corrected within a reasonable period, and is valid if the deliverable cannot be utilised for 12 months following completion the agreed use, the Purchaser has the right to decline acceptance of the Servicesdefective part or, if it is un- reasonable for the Purchaser to accept a partial delivery, the Pur- chaser may withdraw from the Agreement. Notwithstanding Yunex may only be re- quired to refund the foregoingamounts it has been paid for the parts of the de- liverable affected by this withdrawal. 9.6 The warranty and liability of Yunex do not cover losses that have not demonstrably arisen from poor material, Seller’s warranty for Goods defective construction or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Workfaulty execution, latent defectse.g., fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach normal wear and tear, faulty maintenance, non-compliance with operating rules, undue strain, in- appropriate equipment, chemical or electrolytic effects, construction or assembly work not performed by Yunex, or for other reasons not attributable to Yunex. 9.7 In the event of these warrantiesdefective software, a prerequisite for correction of defects is that the defect must be documented in detail, where possi- ble, and reproducible in the unaltered original version on the contrac- tually specified reference or target hardware. Remedies Defects in the software shall includebe corrected initially via upgrade or update where this is possi- ble at reasonable costs. If the defect prevents the Purchaser from completing important, at Buyer’s election time-sensitive tasks, Yunex shall find a worka- round where this is possible within a reasonable time and at Seller’s sole risk and expenseeffort. In the event of loss of or damage to data and/or data media, the prompt repairxxxxxx- xx only covers the installation of backed-up data. 9.8 The Purchaser has no rights and claims other than those expressly indicated in paras 9.1 through 9.7 in respect of defects in materials, replacement construction or reimbursement execution, as well as in respect of the purchase price absence of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancewarranted qualities.

Warranty. Seller warrants shall provide Buyer/distributor with a standard warranty as provided on Attachment A hereto for each Product purchased by buyer. Buyer shall pass through such standard warranty to all parties that it purchase the Products from Buyer, without varying any of its terms or provisions. The Seller may change the standard warranty on new products by giving the Buyer at least 60 days’ prior to its effective date. For a period of twelve (12) months, products are warranted against defects in material and workmanship. The warranty does not cover abuse, alterations, improper application or installation, accident or negligence in use, storage or handling, or exceeding ratings. Seller's obligation and Buyer's exclusive remedy under this warranty will be limited to the repair or replacement of, or the reimbursement for, nonconforming products, at Seller's option, and will be conditioned upon Seller's receiving written notice of any alleged nonconformity or defect during the applicable warranty period and the return of defective products to Seller at Seller’s expense provided Seller designates the shipper and shipment method. Return authorization must be granted by Seller, and unauthorized returns will be refused. Products shall be returned to Seller with transportation and insurance prepaid by Buyer. Seller will have a reasonable period of time to repair or replace nonconforming or defective products and to remedy defects in services. If Seller determines that any product or service is not defective or that Seller is not liable for the defect, Buyer will be notified; thereafter, Seller will repair or replace such product upon Buyer's written consent and at prevailing prices. Every product has good titlea date code which determines the date of warranty expiration for products. Standard products may have an earlier date code which is recorded at the time of shipping to initiate the warranty period. If the date code is removed, free the warranty may be voided at the Seller's option. This warranty applies only to the original Buyer and is not transferable except at the discretion of encumbrancesthe Seller. Repairs and replacements made under this warranty are not warranted beyond the remainder of the warranty period. Buyer's sole and exclusive remedy with respect to the warranty given by Seller shall be strictly limited, at Seller's sole election, to the Goods delivered hereunderremedy or remedies provided for in the manufacturer's product warranty. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform is not responsible for products to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied which repairs or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods changes have been installed by Seller and is valid for the longer of 12 months or the length of made without Seller’s or the manufacturer’s standard warranty period's prior written consent. THERE ARE NO WARRANTIES, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingEXPRESS, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit WorkIMPLIED OR STATUTORY (INCLUDING THE WARRANTIES OF MERCHANTABILITY, latent defectsFITNESS FOR A PARTICULAR PURPOSE, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any lossINTENDED USE, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall includeNON-INFRINGEMENT, at Buyer’s election and at Seller’s sole risk and expenseOR ARISING OUT OF A COURSE OF PERFORMANCE, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceDEALING OR TRADE USAGE) THAT EXTEND BEYOND THE WARRANTY SET FORTH IN THIS ORDER OR IN ANY SCHEDULE OR ADDENDUM ATTACHED HERETO.

Warranty. Seller warrants 9.1 Unless otherwise agreed, the warranty period for the deliverable is 12 months. This period shall begin to run upon the unloading of the de- liverable at the Purchaser’s delivery site in Switzerland. If shipment is delayed for reasons not attributable to Yunex, the warranty period shall end no later than 30 months from the date of notification that it has good titlethe deliverable is ready for shipment. 9.2 For substituted or repaired parts of the deliverable, free the warranty period is six months from the date of encumbrancessubstitution or repair, if the war- ranty period for the deliverable expires earlier. In any case, the war- ranty period shall end no later than 30 months from the beginning of the original warranty period 9.3 The warranty shall expire prematurely if the Purchaser or a third party makes alterations or repairs without the prior written consent of Yun- ex or if the Purchaser, having identified a defect, fails to take immedi- ately all proper measures to mitigate losses, notify Yunex of the de- fect and grant Yunex the opportunity to correct the same. 9.4 Yunex agrees, upon the written request of the Purchaser, to correct or replace, at its option, as soon as feasible all parts of the Goods delivera- ble that become damaged or unusable because of poor material, faulty construction, or defective execution until the expiry of the war- ranty period. The rejected parts must be delivered hereunderto Yunex upon re- quest. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designWhere Yunex does not request such return, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services parts shall be provided with all due skill and disposed of by the Purchaser. 9.5 The only warranted qualities are those expressly designated as such in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantyorder confirmation. The warranty for Goods commences on the later is deemed to have been ful- filled if proof of the date Buyer takes physical possession relevant quality has been provided at the time of the Goods or acceptance; otherwise, the Goods have been installed by Seller and is valid for warranty applies until the longer expiry of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and no longer. Unless the warranty for Services commences on warranted qualities are satisfied in full, the day of completion Purchaser shall initially have the right to correction by Yunex. Unless this correction is fully successful, the Purchaser has the right to a reasonable reduction of the Services price. If the defect is so serious that it cannot be corrected within a reasonable period, and is valid if the deliverable cannot be utilised for 12 months following completion the agreed use, the Purchaser has the right to decline acceptance of the Servicesdefective part or, if it is un- reasonable for the Purchaser to accept a partial delivery, the Pur- chaser may withdraw from the Agreement. Notwithstanding Yunex may only be re- quired to refund the foregoingamounts it has been paid for the parts of the de- liverable affected by this withdrawal. 9.6 The warranty and liability of Yunex do not cover losses that have not demonstrably arisen from poor material, Seller’s warranty for Goods defective construction or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Workfaulty execution, latent defectse.g., fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach normal wear and tear, faulty maintenance, non-compliance with operating rules, undue strain, in- appropriate equipment, chemical or electrolytic effects, construction or assembly work not performed by Yunex, or for other reasons not attributable to Yunex. 9.7 In the event of these warrantiesdefective software, a prerequisite for correction of defects is that the defect must be documented in detail, where possi- ble, and reproducible in the unaltered original version on the contrac- tually specified reference or target hardware. Remedies Defects in the software shall includebe corrected initially via upgrade or update where this is possi- ble at reasonable costs. If the defect prevents the Purchaser from completing important, at Buyer’s election time-sensitive tasks, Yunex shall find a worka- round where this is possible within a reasonable time and at Seller’s sole risk and expenseeffort. In the event of loss of or damage to data and/or data media, the prompt repairxxxxxx- xx only covers the installation of backed-up data. 9.8 The Purchaser has no rights and claims other than those expressly indicated in paras. 9.1 through 9.7 in respect of defects in materials, replacement construction or reimbursement execution, as well as in respect of the purchase price absence of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancewarranted qualities.

Warranty. Unless otherwise stated in a customer master agreement, quotation documents or product literature provided with the Product at the time of sale, Products manufactured by Seller warrants that it has good title, free of encumbrances, are warranted solely to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from original Buyer against defects in design, materials material and workmanship; , when paid for and properly installed and maintained under normal use and service, for eighteen (ii18) conform months from date of shipment or one (1) year from date of installation, whichever occurs first, except SHURJOINT couplings and fittings, for which the warranty period shall by 10 years from the date of shipment, In all cases, this warranty will expire not later than ten (10) years from date of shipment by Seller. Warranty will be immediately voided by substitution of non-Seller provided parts. This warranty specifically excludes a) products or components manufactured by companies not affiliated by ownership with Seller and not bearing Seller’s or its affiliates’ brand name, b) for Products and components that have been subject to the required specifications normal wear and all other requirements of these Terms of Purchasetear, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereundermisuse, Seller warrants that (i) the Services shall be provided with all due skill and improper installation, corrosion, exposed to incompatible chemicals or materials, or c)that have not been installed, maintained, modified or repaired in accordance with these Terms applicable Standards of Purchase and industry recommended the National Fire Protection Association and/or the standards and practices; and (ii) the personnel assigned of any other Authorities Having Jurisdiction. Materials found by Seller to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties be defective shall be in addition to all other warrantieseither repaired or replaced, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expenseoption. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the prompt repair, replacement sale of Products or reimbursement parts of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesProducts. Seller shall promptly comply with Xxxxxnot be responsible for system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s direction 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 repairlost profits and labor charges, rework or replace regardless of whether Seller was informed about the goodspossibility of such damages, furnish any material or parts and installation required in no event shall Seller’s liability exceed an amount equal to successfully correct the nonconformancesales price. THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Warranty. Without limiting any express warranties, Seller hereby warrants to Buyer that it has good titlethe material, free of encumbrancesmerchandise and/or services to be furnished under this Order shall, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designas applicable, materials and workmanship; (ii) fully conform to the required specifications and all specifications, drawings, samples or other requirements of these Terms of Purchasedescriptions furnished to Buyer by Seller or furnished or adopted by Buyer, (iii) shall be fit and sufficient for the purpose intended; , merchantable, of first grade quality and (iv) be workmanship and free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasedefects. If This warranty shall survive acceptance and payment. At Buyer’s option, Seller is providing Services hereundershall replace or redo, at Seller’s sole cost and expense, any material, merchandise or services, or portion thereof, found by Buyer within twelve (12) months after acceptance to be defective. Additionally, Seller warrants that (i) the Services all goods or services ordered under this Purchase Order shall be provided comply with and obey all due skill Federal, State, and in accordance local laws and ordinances, including without limitation compliance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warrantiesOSHA regulations, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodMassachusetts General Laws c. 23K, and the warranty for Services commences on the day of completion regulations of the Services Massachusetts Gaming Commission (“MGC”)(205CMR). Seller warrants and is valid represents that, if required, it will register as a vendor in good standing or that it has applied for 12 months following completion of and received permission from the ServicesMGC to do business with Purchaser. Notwithstanding This Purchase Order shall not obligate Buyer to Seller unless Seller has obtained all licenses, registrations or other approvals required by the foregoing, Seller’s warranty for Goods or Services MGC and shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation terminate without liability on the part of Buyer if the MGC shall disapprove of Seller exists.. or any person associated therewith for any reason. This Purchase Order shall, if required, be presented to the MGC for review, and shall terminate without liability on the part of Buyer if disapproved. If any certificates, permits or licenses are required, Seller shall be liable for and save Buyer harmless from any lossshall, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expensecost furnish Buyer with such certificates, the prompt repair, replacement permits or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for licenses from such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation governmental departments (including zoning authorities having jurisdiction) before final payment is required to successfully correct the nonconformancebe made by Buyer.

Warranty. Seller Vendor warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants Services performed on Buyer’s Unit(s) shall be performed in a workmanlike manner and that all Goods delivered hereunder shall (i) the parts used therein will be free from defects defect in design, materials material and workmanship; (iimanufacturer when provided by Vendor. Vendor further warrants the Services performed on Buyer’s Unit(s) conform to shall fit for its particular purpose and shall be merchantable. This Section shall not limit the required specifications any and all other requirements warranties granted to Buyer under statute. If any Services performed by Vendor for Buyer prove to have been performed in a defective manner, then Vendor is obligated and liable, with respect to each defect, to correct or replace such defect in the individual part(s) directly affected. Buyer agrees to advise Vendor within thirty (30) days of these Terms the reported failure providing the: i. Date of Purchase, installation; ii. Date of failure and hours of operation; iii. Aircraft Tail Number (iii) be fit and sufficient for the purpose intendedif Unit was installed on an aircraft); iv. Nature of failure; and Unless otherwise agreed to by the Parties, Buyer shall report such warranty claims within the timeframe below: Overhauled Units: twenty-four (iv24) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of after completion of the Services and is valid for 12 Unit or installation date of work performed Repaired Units: twelve (12) months following after completion of the ServicesUnit repair or installation date of work performed In the event vendor elects to repair the Unit subject to Buyer’s warranty claim, Vendor is limited to the corrective action listed below: i. by specialist at the Vendor’s repair facility or at another location as determined by BUYER; ii. in situ by Vendor; or iii. by a third party approved beforehand by Buyer and at Vendor’s expense. Cost of removal, incoming transportation, and reinstallation is included in the price listed in the Agreement. Notwithstanding the foregoing, Seller’s Vendor will cover the cost of return transportation for repairs deemed to be covered under the warranty for Goods policy. Vendor hereby gives to Buyer, insofar as Vendor or Services shall survive such 12 month period Buyer is entitled, the benefits under parts warranties which may exist in favor of Vendor or Buyer by manufacturers, and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation will process warranty claims with manufacturers on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Sellerbehalf. Any allowance given by manufacturers on warranty claims will be credited to Buyer’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceaccount promptly.

Warranty. Seller GOODS: SELLER warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that against defects on all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and GOODS in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable original equipment manufacturer’s written warranty. PARTS: SELLER warrants against defects on all PARTS for a period of ninety (90) days from the date of DELIVERY. 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 warranty period shall be BUYER’S sole and exclusive remedy and SELLER’S sole liability arising under this warranty or any warranty claim made by BUYER. In order to be entitled to the benefit of Buyer. These warranties shall be in addition to all other foregoing warranties, express, implied or statutory. Payment for, inspection of, or receipt BUYER must notify SELLER in writing of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later defects within thirty (30) days of the date Buyer takes physical possession of discovery of same during the applicable warranty period. EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN WRITING HEREIN, THIS WARRANTY IS PROVIDED IN LIEU OF, AND SELLER EXPRESSLY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE. BUYER shall bear any and all costs of providing free and clear access to the GOODS and PARTS (including removal and replacement of systems and structures), de-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 accident, neglect, damage during transport, improper installation, use, handling, or maintenance, including installation by unauthorized third parties, or by operation in violation of rated operating conditions, internal or otherwise, or normal wear and tear or defects or damages resulting from the use of parts not authorized by the original equipment manufacturer or from BUYER’S failure to store, install, maintain, and/or operate the GOODS or PARTS in accordance with SELLER’S operating manuals, service manuals, instructions, drawings, and good engineering practice. None of the Goods GOODS or PARTS furnished by SELLER shall be deemed defective by reason of chemical or abrasive action, excessive heat or failure to resist the action of excessive heat, erosive or corrosive gases or liquids or the Goods have been installed by Seller and is valid for the longer deposition of 12 months foreign material from such gases or the length liquids. SELLER’S receipt of Seller’s or the manufacturer’s standard payment in full of all sums due to SELLER shall be a condition precedent to SELLER’S warranty periodobligations, and the making of any warranty for Services commences on the day claim by BUYER shall not excuse BUYER’S obligation to make timely payment of completion of the Services and is valid for 12 months following completion of the Servicesall sums due to SELLER. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt No repair, replacement or reimbursement of reperformance by SELLER shall extend the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceapplicable warranty period.

Warranty. Seller TOMRA hereby represents, warrants that it has good title, free of encumbrances, and undertakes to the Purchaser during the Warranty Period: (a) that the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall shall: (i) be free from defects fit for the purposes for which they are intended, as specified in design, materials and workmanshipthe Agreement; (ii) conform to comply in all material respects with the required specifications and all other requirements of these Terms of Purchase, Agreement; (iii) be fit new and sufficient for the purpose intended; free from Defects, and (iv) comply with all applicable laws (including environmental laws) as are prevailing when the relevant Goods are delivered; i. The warranty contained in Clause 7.2(a) does not cover normal maintenance nor normal wear and tear, use under circumstances exceeding specifications, abuse, unauthorised repair or alteration, lack of proper maintenance or damages caused by natural causes such as fire, storm or flood, lightening, improper electrical current, power surges or other causes beyond the control of TOMRA. In case of manufacturing in conformity with drawings supplied by Purchaser, the foregoing warranty shall be free limited to construction of the items strictly in conformity with the indications of such drawings. This warranty is void when a non-certified technician (i.e. not certified by TOMRA) maintains or repairs the Goods. ii. The warranty contained in Clause 7.2(a) does not apply if: (1) the Goods are not strictly maintained and operated as instructed in documentation provided by TOMRA; (2) the Goods are operated by personnel who do not have access to operational documentation provided by TOMRA nor knows its content; and (3) one month has elapsed since discovery of the Defect, without having notified the TOMRA. iii. Warranty labour is covered during regular business hours from “Counterfeit Work” Monday through Friday (06:00 am to 08:00 pm). Warranty labour outside these hours or on days that are not Business Days is billable at the surcharge for overtime. iv. This warranty does not cover additional work on other Goods that are no longer under warranty. v. In order to make a claim under the warranty in Clause 7.2(a), Purchaser must notify TOMRA in writing immediately after discovery of the Defect or other warranty issue, which shall include: the date of the discovery, the nature and a description of the defect as defined in Section 33 of these Terms of Purchase. If Seller is providing other as other relevant circumstances and information. (b) that the Services hereunder, Seller warrants that (if any) shall: (i) the Services shall be provided with all due skill and performed in accordance with these Terms of Purchase and industry recommended standards and practicesthe Agreement; and (ii) be performed in accordance with Good Industry Practice; and (iii) comply with all applicable laws (including environmental laws) as are prevailing when the personnel assigned relevant Services are performed; (c) that the warranty set out in Clause 7.2(a) shall apply on equivalent terms to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession elements of the Goods that are remedied or replaced by TOMRA, with effect from the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day date of completion of the Services and is valid for 12 months following completion relevant remedial work or supply of the Services. Notwithstanding replacement Goods (as the foregoingcase may be), Seller’s warranty for Goods or Services shall survive such 12 month a period of twelve (12) months, after delivery of the Goods. (d) the warranties set forth herein are the only warranties made by TOMRA in connection with the goods and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur services contemplated as a result of Seller’s breach of these warrantiesthis agreement. Remedies shall include, at Buyer’s election Goods and at Sellerservices sold hereunder are sold only to the specifications specifically agreed to by the parties in writing. Purchaser’s sole risk and expense, the prompt exclusive remedy hereunder shall be repair, replacement or reimbursement re-performance of the purchase price of the nonconforming non-conforming goods and/or the prompt correction of the nonconforming or services or reimbursement repayment of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repairfees by TOMRA, rework or replace the goods, furnish any material or parts as outlined in clauses 7.3 and installation required to successfully correct the nonconformance7.

Warranty. Seller 11.1 SWTS warrants that it has good title, that: (a) Services performed hereunder shall be free of encumbrancesdefects in workmanship or material. Should any failure of the Services to conform to this warranty appear under normal and proper use within one year (or any time period mutually agreed in writing by both parties) after shipment of the repaired or revamped Equipment by SWTS (or in the case of Equipment repaired or revamped on the Purchaser’s Site, to after SWTS has notified the Purchaser that the same is ready for commercial operation) SWTS shall correct the same by replacement or repair, F.O.B. factory of the defective part or parts. (b) If the Goods delivered hereundersold hereunder are the products of manufacturers other than SWTS, SWTS makes no warranty, express or implied concerning such Goods. Seller further warrants that all Such Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from are sold “Counterfeit Workas is” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and faults, but SWTS shall use its best reasonable efforts to obtain from the manufacturer, in accordance with these Terms such manufacturer’s customary practices, the repair or replacement of Purchase any Goods as may prove defective in workmanship or material. 11.2 SWTS shall be under no liability whatsoever:- (a) In respect of any defect arising from fair wear and industry recommended standards and practicestear, wilful damage, negligence, abnormal working conditions, failure to follow SWTS’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without SWTS’s approval in writing or improper or inadequate maintenance by the Purchaser; and or (iib) If the personnel assigned to carry out total price for the Services shall possess and/or Goods has not been paid by the necessary experience due date for payment. 11.3 The warranty expressed in this paragraph is exclusive and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit in lieu of Buyer. These warranties shall be in addition to all other warranties, expressexpress or implied, implied including any warranties of satisfactory quality and fitness for purpose. 11.4 The remedy(ies) provided above shall be the Purchaser’s sole remedy(ies) for any failure of SWTS to comply with the warranty provisions, whether claims by the Purchaser are based in contract or statutory. Payment forin tort (including negligence) or otherwise, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences time) on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancenext working day.

Warranty. 9.1 The Seller warrants that it has good title, clear title to all Goods furnished hereunder and that the same are being delivered free and clear of any encumbrances, to the Goods delivered hereunder. . 9.2 The Seller further warrants that all such Goods delivered hereunder shall (i) conform to the Purchaser's specifications, the requirements of the Purchase Order and approved sample or samples, if any, and that such items shall be free from defects in design, materials material and workmanshipworkmanship (collectively, the Seller's Warranty). 9.3 The Seller's Warranty shall remain in effect for a one (1) year period after acceptance of the Goods by the Purchaser, or for such longer period of time as the item is normally warranted. 9.4 Neither approval by the Purchaser of the Seller's design nor acceptance of the Goods shall release or discharge the Seller from liability for damages resulting from any breach of Seller's Warranty. 9.5 If any defect, failure or other non-conformity appears, the Purchaser shall have the right to take the following actions: 9.5.1 To retain such defective items or portion of the Goods, in which event an equitable adjustment will be made in the price for such defective items; 9.5.2 To require the Seller to repair or replace such defective items or portion of the Goods, at the Seller's sole expense, including all Shipping, transportation, and installation costs, if applicable; (ii) conform or 9.5.3 To correct or replace such defective items or portion of the Goods with similar items and recover the total cost thereof from the Seller. 9.6 The aforesaid warranties shall survive acceptance and payment and shall operate in favour of the Purchaser and shall not be deemed to the required specifications and all other requirements of these Terms of Purchasebe exclusive, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties but shall be in addition to all the Purchaser's other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on rights under the later terms of the Purchase Order or under these Terms and Conditions or at law. 9.7 The Seller furthermore warrants that the Services will be rendered in a proper and workmanlike manner and that, as at the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller conclusion of this Agreement, it is - and is valid will for the longer duration thereof remain compliant with all applicable legislation, including but not limited to the Occupational Health and Safety Act, 1993 (Act No. 85 of 12 months or 1993), as well as the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceConstruction Regulations issued under Section 43 thereof.

Warranty. Seller Supplier warrants that it has good title, free the units of encumbrances, to Product supplied under this Agreement will meet the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) mutually agreed upon specifications in effect at the time of manufacture and be free from defects in designSupplier supplied material and workmanship for a period of [***] from the date of manufacture. Parts not meeting the specifications shall be returned to Supplier for replacement, materials and workmanship; repair or credit. Supplier will return all units determined by Supplier to be warranty defectives within ten (ii10) conform to working days of receipt. The repair work will be warranted for a period of [***] from the required specifications and all other requirements date of these Terms of Purchase, (iii) be fit and sufficient repair or for the purpose intended; original warranty date, whichever is longer. Repair of out of warranty returns will be negotiated between Netrx xxx Supplier. Supplier will provide corrective and (iv) be free from “Counterfeit Work” preventive action for all in warranty materials identified as defined in Section 33 not meeting specifications. Replacement, repair or credit of these Terms warranty repairs constitutes Netrx'x xxxe remedies against Supplier for breach of Purchasewarranty claims. If Seller is providing Services hereunder, Seller warrants that (i) the Services Out-of Warranty Products returned to Supplier for repair shall be provided with all due skill evaluated and in accordance with these Terms the cost to repair the unit determined. Within five (5) business days of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer Product Supplier will notify Netrx xx the estimated repair cost and will await written authorization from Netrx xxxore starting work. Out-of-warranty repairs will be completed and returned to Netrx xx end customer within fifteen (15) days of any breach receipt of warrantystart work authorization subject to material availability. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods Products that have been installed by Seller and is valid for subjected to abuse, misuse, accident, alteration, neglect or unauthorized repair will be handled the longer of 12 months or the length of Seller’s or the manufacturer’s standard same as an Out-of-warranty periodrepair. THE WARRANTIES CONTAINED IN THIS SECTION ARE IN LIEU OF, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the ServicesAND SUPPLIER EXPRESSLY DISCLAIMS AND NETRX XXXVES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR USE. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.[***] CONFIDENTIAL TREATMENT REQUESTED ------------------------------------------------------------------------------- Netrx Xxxporation 3860 Xxxxx Xxxxx Xxxxxx Xxx Xxxx Xxxxxxxxxx 00000 408.216.1500 408.000.0000 (Xxx)

Warranty. Seller represents and warrants that it has good title, free of encumbrancesto JEG, to JEG's successors and assigns, and to each party to whom JEG must provide a warranty under the Goods delivered hereunderJEG Contract, that (i) Seller has valid and marketable title to the goods covered by the Purchase Order; ( ii) all goods covered by the Purchase Order are free from any liens, security interests or other claims; and (iii) all goods and services shall be free from all defects and deficiencies and shall conform to all requirements of the Purchase Order. Seller further warrants that all Goods goods furnished under the Purchase Order shall be new, unless specifically stated otherwise in the Purchase Order, and shall be fit for their intended purpose and use, including without limitation, the use in any system on the Project of which the goods or services provided by Seller are a part. Seller further warrants that it, as well as its employees, agents and subcontractors, has and will maintain all the skills, experience and qualifications necessary to provide the services contemplated by the Purchase Order. The term of the warranty in this provision shall be one (1) year from the later of the date on which all goods have been delivered hereunder and all services have been performed by Seller under the Purchase Order, or the date on which acceptance of any system on the Project of which such goods and services are a part has occurred under the JEG Contract and JEG has received payment in full under that contract. In the event that a longer warranty period is prescribed under any provision of any document forming the Purchase Order, including, without limitation, the JEG Contract, such period shall constitute the warranty period under the Purchase Order. All other warranties set forth shall survive continuously. If any of the goods or services provided by Seller under the Purchase Order fail to perform their intended use properly during the warranty period, Seller shall promptly correct such deficiency in performance (i) be free from defects in designincluding without limitation, providing all labor, materials and workmanship; (iiother things necessary at the Project site and/or the place of manufacture to correct such deficiency) conform to at Seller's sole and exclusive expense. The warranties and remedies provided in the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties Order shall be in addition to all any other warranties, express, warranties or remedies implied or statutory. Payment for, inspection ofby, or receipt of Goods available at, law or Services required by the documents forming the Purchase Order. If the Seller is unable to or refuses to promptly correct or replace such deficiency, then JEG may repair or replace such goods and charge the Seller the cost. The one year warranty shall not constitute a waiver by Buyer of limit or eliminate any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods legal remedy, statutory or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceotherwise.

Warranty. Seller warrants that it has good title, free Except for uncompleted items of encumbrances, to Tenant Improvements specified in the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined punchlist described in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder5.3, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodabove, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation Tenant shall be deemed to have accepted all elements of Tenant Improvements on the part date of Seller exists.. Seller Substantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be liable for deemed completed and save Buyer harmless from any loss, damage or expense that Buyer may incur as accepted by Tenant upon the delivery to Tenant of a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement certificate of the purchase price Architect on behalf of the nonconforming goods and/or Contractor that such items have been completed unless the prompt correction certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) Business Days of Landlord’s delivery of the nonconforming services certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or reimbursement cure thereof on the date that is 11 months following the date of Substantial Completion of the amounts paid for applicable work if Tenant has not then given notice of such servicesdefect to Landlord. Seller For the purposes of this Lease, “latent defects” shall promptly comply with Xxxxxmean defects in the construction of the Landlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s direction contractor so to repairremedy, rework repair or replace any such latent defects identified by Tenant within the goodsforegoing time periods, furnish together with any material damage caused to the Landlord Work on account of such defects, such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use of the Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or parts and installation required other claims against contractors, materialmen, architects, suppliers or manufacturers with respect to successfully correct the nonconformanceTenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the Tenant Improvements.

Warranty. Seller a) FLO FAB warrants all new and replacement Equipment of its own manufacture hereunder against defects in workmanship and material for the period of 18 months after the date of delivery or 12 months from commissioning of the Equipment, whichever occurs first and will at its sole discretion, repair or replace on the same INCO terms such products or components as FLO FAB finds defective, Pumps have 5- year warranty and packages 8-year. b) This warranty does not include the replacement of glycol or water from the unit after delivery. c) On Equipment furnished, by FLO FAB, but manufactured by others, FLO FAB will extend the same warranty FLO FAB received from the manufacturer. d) No liability shall be incurred by FLO FAB until said Equipment have been paid for, and then such liability shall be limited to the cost of repairing or replacing said defective product or component. e) FLO FAB warrants that it has shall perform the Services in a good titleand workmanlike manner compliant with industry standards. The Buyer’s sole and exclusive remedy and FLO FAB entire liability for breach of this warranty will be reperformance of Services. Any claim for breach of this warranty must be made in writing and notified to FLO FAB within 90 days of performance of the Services at issue. f) The warranty and liability set forth above are in lieu of all other warranties and liabilities, free express or implied in law or in fact, including the warranties of encumbrances, merchantability and fitness for a particular purpose. The warranties contained here in set forth Buyer’s sole and exclusive remedy in the event of a defect in workmanship or materials. g) The obligations under this Clause 7 are subject to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder following: - That the Buyer shall (i) be free from give written notice to FLO FAB specifying the nature of defects in designthe part or parts of the Equipment alleged to be defective within twenty-one (21) days of any purported failure. - That the Buyer shall make no further use of the Equipment alleged to be defective after the time at which the Buyer discovers that it is defective unless approval in writing is given by FLO FAB. - That the Buyer shall afford FLO FAB a reasonable opportunity to inspect the equipment. - The Buyer shall forward commissioning and startup sheet during initial commissioning to validate the warranty. - The Buyer shall maintain a log with periodic maintenance record and Daily / Weekly equipment records including (not limited) pressure, materials and workmanship; (iiflow, temperatures, water treatment records,….etc., this log should be accessible to Flo Fab upon request. h) conform The warranty is limited to the required specifications above-mentioned coverage only, and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill null and void in any other case, including, without limitation: - Improper storage or handling by Buyer or by a third party. - Corrosion, erosion, or deterioration. - Any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions. - Consumable parts including, without limitation, seals, bearings, filters, oil. - In the event of improper water treatment. - Installation not done in accordance with these Terms the manufacturer specifications and with recognized and accepted engineering Standards. - Modification of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out equipment by the Services shall possess the necessary experience and trainingBuyer or by a third party, without prior written approval from Flo Fab. Seller shall pass through any applicable manufacturer’s warranty - If no maintenance performed or faulty maintenance not to the benefit approved standard performed by Un-Approved maintenance supplier. - Faulty utilization of Buyerthe equipment. These warranties shall be - Unbalanced electric power supply rather than the specified unit name plate power supply. - Undersized or oversized units compared to the application. - Failure to follow FLO FAB instructions (whether verbal or in addition writing), misuse, alteration or repair of the Equipment without FLO FAB approval. - Failure to all other warranties, express, implied furnish FLO FAB operation records and data log for FLO FAB equipment and the whole system. - Failure to allow FLO FAB staff or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The their nominated parties to access the site and inspect the equipment and the system. I) FLO FAB’s obligations and liabilities under this warranty for Goods commences are limited to furnishing on the later of the date Buyer takes physical possession of the Goods or the Goods same sales INCO terms replacement part(s) for its products not conforming to this warranty that have been installed by Seller returned to FLO FAB or, at its sole option, FLO FAB may elect to repair defective part(s), Freight and is valid for the longer return costs of 12 months defective, repaired or the length of Seller’s replacement equipment or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, parts are at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller shall use reasonable endeavors to provide the Services in accordance in all material respects with its quotation. Seller warrants that it has good titlefor 12 months from the date of delivery, free of encumbrances, to the Goods delivered hereundershall comply with the requirements of the Contract. Seller further warrants that all shall not be liable for a breach of the warranty as to Goods delivered hereunder shall unless: (i) be free from defects Buyer gives written notice of the defect to Seller, and, if the defect is as a result of damage in design, materials and workmanship; (ii) conform transit to the required specifications and all other requirements carrier, within 10 days of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) time when Buyer discovers or ought to have discovered the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practicesdefect; and (ii) Seller is given a reasonable opportunity after receiving the personnel assigned notice to carry out examine such Goods and Buyer (if asked to do so by Seller) returns such Goods to Seller’s place of business at Buyer’s cost; and (iii) Buyer provides Seller with full details of the Services shall possess the necessary experience and trainingalleged defect. Seller further shall pass through not be liable for a breach of the warranty if: (i) Buyer makes any applicable manufacturerfurther use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to follow Seller’s warranty oral or written instructions as to the benefit of Buyer. These warranties shall be in addition to all other warrantiesstorage, expressinstallation, implied commissioning, use or statutory. Payment for, inspection of, or receipt maintenance of Goods or (if there are none) good trade practice; or (iii) Buyer alters or repairs such Goods without the written consent of Seller; or (iv) the defect results from fair wear and tear. If Goods/Services do not conform with the warranty, Seller shall not constitute a waiver by at its option repair or replace such Goods (or the defective part) or reperform the Services or refund the price of such Goods/Services at the pro rata Contract rate provided that, if Seller so requests, Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of shall, at Seller’s expense, return the Goods or the part of such Goods have been installed by which is defective to Seller. In the event that no defect is found, Buyer shall reimburse Seller and is valid for the longer of 12 months or reasonable costs incurred in investigating the length of Seller’s or alleged defect. If Seller complies with the manufacturer’s standard warranty periodconditions in the 2 preceding sentences, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable have no further liability for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement warranty in respect of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceGoods/Services.

Warranty. Unless otherwise stated in a customer master agreement, quotation documents or product literature provided with the Product at the time of sale, Products manufactured by Seller warrants that it has good title, free of encumbrances, are warranted solely to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from original Buyer against defects in design, materials material and workmanship; , when paid for and properly installed and maintained under normal use and service, for eighteen (ii18) conform months from date of shipment or one (1) year from date of installation, whichever occurs first, except SHURJOINT couplings and fittings, for which the warranty period shall by 10 years from the date of shipment, In all cases, this warranty will expire not later than ten (10) years from date of shipment by Seller. Warranty will be immediately voided by substitution of non-Seller provided parts. This warranty specifically excludes a) products or components manufactured by companies not affiliated by ownership with Seller and not bearing Seller’s or its affiliates’ brand name, b) for Products and components that have been subject to the required specifications normal wear and all other requirements of these Terms of Purchasetear, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereundermisuse, Seller warrants that (i) the Services shall be provided with all due skill and improper installation, corrosion, exposed to incompatible chemicals or materials, or c)that have not been installed, maintained, modified or repaired in accordance with these Terms applicable Standards of Purchase and industry recommended the National Fire Protection Association and/or the standards and practices; and (ii) the personnel assigned of any other Authorities Having Jurisdiction. Materials found by Seller to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties be defective shall be in addition to all other warrantieseither repaired or replaced, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expenseoption. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the prompt repair, replacement sale of Products or reimbursement parts of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesProducts. Seller shall promptly comply with Xxxxxnot be responsible for system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s direction 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 repairlost profits and labor charges, rework regardless of whether Seller was informed about the possibility of such damages, and in no event shall Seller’s liability exceed an amount equal to the sales price. THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This limited warranty sets forth the exclusive remedy for claims based on failure of or replace defect in Products, materials or components, whether the goodsclaim is made in contract, furnish tort, strict liability or any material other legal theory. This warranty will apply to the full extent permitted by law. The invalidity, in whole or parts and installation required to successfully correct part, of any portion of this warranty will not affect the nonconformanceremainder.

Warranty. Seller 15.1 Howden warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall that: (i) any Goods provided hereunder will be free from defects in design, materials of good material and workmanship; (ii) conform to the required specifications any Services provided by Howden shall be performed by competent and all other requirements of these Terms of Purchase, qualified personnel in a professional and workmanlike manner in accordance with generally established industry standards; and (iii) the Goods and/or Services supplied by Howden hereunder will conform to any applicable technical specifications and/or drawings that have been agreed upon between the parties in writing. 15.2 In the event that defects appear in the Goods under proper use, Buyer’s sole and exclusive remedy thereof shall be fit that Howden will repair or replace, such Goods at Howden’s option and sufficient cost (excluding transportation, removal, reinstallation and/or decontamination costs if so necessary) within the warranty period set forth: 15.3 Howden’s warranty on any Services performed by Xxxxxx will be in effect until ninety (90) days after the date of the performance of any such Services. The Buyer’s sole and exclusive remedy for breach thereof shall be the purpose intendedreperformance of such Services by Xxxxxx. 15.4 Howden’s warranty shall exclude liability for defects arising from: (i) installation, commissioning and/or operation, not in accordance with Howden's O&M manual or good industry practice; (ii) use of unapproved spares, unauthorized modification or alteration of the Goods; (iii) normal wear and tear; (iv) the failure of Buyer and/or the end-user to provide adequate storage; or (v) use of the equipment otherwise than in accordance with the agreed operational parameters (including composition, pressure and temperature of the feed gas). No part shall be free from “Counterfeit Work” as defined in Section 33 deemed defective by reason of these Terms its failure to resist fouling and the action of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the erosive or corrosive gases. 15.5 Any warranty repair or replacement of Goods or re-performance of Services shall be provided with warranted by Howden for the remainder of the original warranty period. 15.6 Howden shall have the sole right to specify the manner and timeframe for such repair/replacement/re-performance of any Goods and/Services. Any defective/non-conforming Goods must be returned to Howden free of all due skill contaminants and, in the event of replacement, will become the property of Howden unless Howden instructs otherwise. If Howden opts to perform any warranty obligations in-place, Buyer shall, without cost to Howden, during a specified time period agreed upon by the parties in writing, provide access by disassembling, removing, replacing, and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through reinstalling any applicable manufacturer’s warranty equipment, structures, or other obstructions to the benefit of Buyer. These warranties shall be in addition extent necessary to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The permit Howden to perform its warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceobligations.

Warranty. Seller Subject to the terms of this Section 3.2(d), Landlord warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) materials and workmanship comprising Landlord’s Work will be free from defects in design, materials and workmanship; (ii) conform or deficiencies. Any portion of Landlord’s Work not conforming to the required specifications and all other requirements previous sentence may be considered defective. Landlord’s warranty excludes remedy for damage caused by abuse by any of these Terms the Tenant Parties or modifications not made by Landlord or any Landlord Party or improper or insufficient maintenance to the extent that such maintenance is not the responsibility of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services Landlord hereunder, Seller warrants it being understood and agreed that normal wear and tear and normal usage are not deemed defects or deficiencies. Landlord agrees that it shall, without cost to Tenant, correct any portion of Landlord’s Work which is found to be defective promptly following the date that Tenant gives Landlord written notice (ia “Defect Notice”) of such defective condition, provided that the Services Defect Notice is delivered to Landlord on or before the date (the “Warranty Expiration Date”) that is three hundred sixty (360) days following the substantial completion of the applicable phase of Landlord’s Work, time being of the essence, it being understood and agreed that there shall be provided a separate Warranty Expiration Date for each phase of Landlord’s Work. Landlord’s obligations under this Section 3.2(d) shall expire on the Warranty Expiration Date and be of no further force and effect except with all due skill respect to any defects or deficiencies in Landlord’s Work disclosed in any Defect Notice delivered before the Warranty Expiration Date. In addition to and notwithstanding the foregoing, Landlord hereby agrees, at no cost to Tenant, to use reasonable efforts to enforce its warranties against any contractor performing any portion of Landlord’s Work and, if Landlord reasonably concludes in good faith that the cost to bring the claim and the resulting benefits to the Building and the occupants therein do not justify pursuing the warranty claim then Tenant may, but is not required to, obtain a non-exclusive assignment of such claim from Landlord and to pursue the same at Xxxxxx’s sole cost and expense. Nothing in this Section 3.2(d) shall be deemed to limit Landlord’s obligations for maintenance and repair in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later Section 10.2 of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceLease.

Warranty. Seller warrants 10.1. Unless a different warranty is provided in the Instruction Manual accompanying the Products, the warranty or warranties set forth in Schedule H shall apply with respect to the Products. Any warranty with respect to a Product shall apply only if the Product is properly used in accordance with procedures described in the documentation supplied by PEAK INSTRUMENTS. 10.2. PEAK INSTRUMENTS's exclusive obligation with respect to any nonconforming Product shall be, at PEAK INSTRUMENTS's option, to repair or replace such Product so that it has good title, free substantially conforms with its specifications published on the date of encumbrances, the order. The foregoing is the DISTRIBUTOR's and/or the buyer's sole and exclusive remedy for breach of warranty by PEAK INSTRUMENTS with respect to the Goods delivered hereunderproduct. 10.3. Seller further warrants that all Goods delivered hereunder No warranty shall apply to any Product which has been modified, repaired or altered, except by PEAK INSTRUMENTS or by DISTRIBUTOR (if DISTRIBUTOR has been trained and authorized by PEAK INSTRUMENTS) or which has not been maintained in accordance with any handling or operating instructions supplied by PEAK INSTRUMENTS, or which has been subjected to unusual physical or electrical stress, misuses, abuse, negligence or accidents. No warranty shall apply to any component of my Product which by its nature is intended to fail before the expiration of the warranty period unless such component does not give reasonable service for a reasonable time, and PEAK INSTRUMENTS shall in its sole discretion determine whether such component (i) be free from defects in designhas been shipped, materials handled and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and stored in accordance with these Terms of Purchase and industry recommended standards and practices; PEAK INSTRUMENTS's instructions, and (ii) is not suitable for use until the personnel assigned expiration date stated on the package. 10.4. Except for the warranties expressly set forth herein on in any other product literature delivered to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty DISTRIBUTOR or a buyer, PEAK INSTRUMENTS disclaims all other warranties relating to the benefit PRODUCTS, express or implied, and expressly excludes and implied WARRANTIES of Buyermerchantability, fitness for a particular purpose, or non-infringement of third party rights. These warranties PEAK INSTRUMENTS's liability to the DISTRIBUTOR and/or any buyer under the warranty shall be in addition limited to all other warranties, express, implied repair or statutoryreplacement of the PRODUCT. Payment for, inspection of, or receipt In no event shall PEAK INSTRUMENTS be liable for the cost of Goods or Services procurement of substitute goods by the BUYER. 10.5. PEAK INSTRUMENTS shall not constitute a waiver by Buyer of be liable for any breach of warranty. The warranty for Goods commences on loss or damage resulting from the later use, operation or performance of the date Buyer takes physical possession Products or related in any way to their acquisition, regardless of the Goods form of action, except for loss or damage caused solely by the Goods have gross negligence of PEAK INSTRUMENTS. In no event, including termination of this agreement by PEAK INSTRUMENTS or DISTRIBUTOR, shall PEAK INSTRUMENTS be liable to DISTRIBUTOR or any BUYER for any special, indirect, incidental or consequential damages or any damages resulting from loss of use, interruption of business or lost profits, even if PEAK INSTRUMENTS has been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion advised of the Services and is valid for 12 months following completion possibility of the Servicessuch damages. Notwithstanding the foregoing, Seller’s in no event shall PEAK INSTRUMENTS's liability to DISTRIBUTOR or any BUYER exceed the value of products purchased under this agreement. 10.6. DISTRIBUTOR agrees to inform all Buyers in writing, in accordance with all requirements relating to warranty for Goods disclaimers and liability limitations set forth in the Uniform Commercial Code or Services shall survive such 12 month period any other applicable law, of the warranty and any termination or expiration of these Terms of Purchase if Counterfeit Workliability limitations set forth in this Section 10. DISTRIBUTOR agrees to indemnify PEAK INSTRUMENTS for, latent defectsand to defend and hold it harmless against, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage liability, or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repairincluding attorney's fees, replacement arising out of or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly resulting from DISTRIBUTOR 's failure to comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancerequirements of this Section 10.6.

Warranty. Seller warrants that it has good titleall items or services or both furnished under this Purchase Order will conform to all samples, free of encumbrancesspecifications, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) drawings, proposals, performance guarantees, warranties, and appropriate standards will be free from defects in design, materials material and workmanship. Seller warrants that all such items and services will conform to all statements made on the containers or labels for such items or services or both, and that all items will be adequately contained, packaged, marked and labeled. Seller warrants that all such items when used and maintained. In accordance with Seller’s instructions will be safe and appropriate for the purpose for which items of that kind are normally used. Seller warrants that such items or services or both will be fit for the purpose set forth in this Contract. Seller’s warranty will survive Buyer’s inspection, testing, acceptance and use. Seller’s warranty runs to Buyer and its successors and assigns. Upon notice from Buyer, Seller will replace or correct defects of any nonconforming items or services or both, promptly and without expense to Buyer. If Seller fails promptly to correct defects in, or to replace, nonconforming items or services or both, Buyer, after reasonable notice to Seller, may make such corrections or replace such items and services and charge Seller for the reasonable costs of doing so. All these obligations will survive the termination of this Purchase Order. Summary – Soy Energy Biodiesel The warranties of this paragraph 7 will continue for a period of twelve (12) months from the date of Buyer’s initial commercial operation or production using the Seller’s furnished equipment but not more than eighteen (18) months from the date of delivery of the equipment (unless Buyer elects to use Seller’s maintenance program in which even the warranties will continue for twenty-four (24) months from initial operation but not more than thirty (30) months from the date of delivery) provided that: (a) the equipment is installed in accordance with Seller’s specifications and instructions and is used and maintained normally and properly in accordance with Seller’s instructions as to maintenance and operation, set forth in written operation and maintenance manuals and instruction sheets furnished by Seller; (b) the equipment is used for processing feed stock consistent with the feed stock characteristics and using the utilities and chemicals set forth in Seller’s proposal or elsewhere in this Contract; (c) the equipment has not been changed without the prior written approval of Seller; (d) Buyer gives prompt written notice to Seller before the end of the warranty period specifying all alleged defects in the equipment purchased; and (e) Buyer preserves and turns over to Seller and permits reasonable inspection by Seller of all allegedly defective equipment, parts or items and access to the equipment to observe its startup, operation and maintenance. This warranty shall not cover (i) any equipment furnished by Buyer or any third party (other than a subcontractor of Seller), (ii) conform to the required specifications and all other requirements any defects arising from corrosion, abrasion, use of these Terms of Purchaseunsuitable lubricants, or negligent attendance or faulty operation, (iii) be fit ordinary wear and sufficient for the purpose intended; and tear, or (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver defects caused by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation errors on the part of Seller exists.. the Buyer in not providing suitable premises in which the equipment is to be located, adequate foundation works, or adequate protection against influences within or outside the premises which may affect the equipment, or its operation. Notwithstanding the warranty set forth above, Seller shall be liable not warrant any equipment, where the vendor of such equipment (other than Seller and including, without limitation, the designated Standard Equipment Vendors) is specified by Buyer, for and save Buyer harmless from a period longer than warranted by the vendor. UNLESS OTHERWISE EXPRESSLY STATED IN ANY DOCUMENT ATTACHED TO THIS PURCHASE ORDER, THIS WARRANTY OF MATERIAL AND WORKMANSHIP IS THE ONLY WARRANTY MADE BY SELLER AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER DISCLAIMS ON BEHALF OF ITSELF, ITS SUBCONTRACTORS AND SUBSUPPLIERS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE (OTHER THAN THE PURPOSE STATED IN THE BUYER’S SPECIFICATIONS OR THIS CONTRACT), SUITABILITY OR PERFORMANCE. No other promise or affirmation of fact (including, but not limited to, statements regarding capacity or performance of the equipment) shall constitute a warranty of Seller or give rise to any loss, damage liability or expense that Buyer may incur as a result obligation on the part of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller The following warranties apply: For equipment rentals by a Participating Entity, Supplier warrants that it has upon delivery the equipment rented hereunder will be in good titleworking condition. If the equipment is not in good working condition upon delivery, free Supplier shall promptly repair or replace the equipment at its sole cost and expense. If the equipment requires repair or replacement during the rental period, Supplier will promptly repair or replace the equipment at its sole cost and expense; provided, however, if the repair or replacement is necessary due to Participating Entity’s abuse, misuse, or neglect, then Participating Entity will be responsible for the cost of encumbrancessuch repair or replacement. EXCEPT AS SET FORTH HEREIN SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL OF EQUIPMENT. For equipment purchases by a Participating Entity, the only warranty provided with the equipment sold herein is the warranty provided by the original equipment manufacturer (“OEM”). Supplier will pass through all warranties, to the Goods delivered hereunder. Seller further warrants extent allowable, that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of PurchaseOEM provides. If Seller a warranty claim is providing Services hereunder, Seller warrants that (i) approved by the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, OEM and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction OEM authorizes Supplier to repair, rework repair or replace the goodsequipment, furnish Supplier will do so. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. For services provided to a Participating Entity, Supplier warrants the services will be performed in a good and workmanlike manner. The duration of the warranty shall be 30 days after the service is completed. If during the 30-day warranty period the equipment requires additional service, because of defective original service or a defective replacement part(s), then Supplier will re-perform the defective service and/or replace the defective part at its sole cost and expense. If the equipment has been subject to abuse, misuse, or neglect, Supplier shall have no obligation to re-perform the service or replace any material part(s). The only warranty on replacement parts provided with Supplier’s service herein is the warranty provided by the original equipment manufacturer (“OEM”). Supplier will pass through all warranties, to the extent allowable, that the OEM provides. If a warranty claim on such replacement part is approved by the OEM and the OEM authorizes Supplier to repair or parts and installation required to successfully correct replace the nonconformancepart, Supplier will do so. EXCEPT AS SET FORTH HEREIN SUPPLIER DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO REPLACEMENT PARTS AND SERVICE OF EQUIPMENT.

Warranty. Seller Subject to the terms of this Section 3.2(e), Landlord warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) materials and workmanship comprising Landlord’s Work will be free from defects in design, materials and workmanship; (ii) conform or deficiencies. Any portion of Landlord’s Work not conforming to the required specifications previous sentence may be considered defective. Landlord’s warranty excludes remedy for damage caused by abuse by any of the Tenant Parties or modifications not made by Landlord or any Landlord Party or improper or insufficient maintenance to the extent that such maintenance is not the responsibility of Landlord hereunder, it being understood and all other requirements agreed that normal wear and tear and normal usage are not deemed defects or deficiencies. Landlord agrees that it shall, without cost to Tenant, correct any portion of these Terms Landlord’s Work which is found to be defective promptly following the date that Tenant gives Landlord written notice (a “Defect Notice”) of Purchasesuch defective condition, provided that the Defect Notice is delivered to Landlord on or before the date (iiithe “Warranty Expiration Date”) that is three hundred sixty (360) days following the substantial completion of such portion of Xxxxxxxx’s Work, time being of the essence, it being understood and agreed that there shall be fit and sufficient separate Warranty Expiration Dates for the purpose intended; Initial Portion of Landlord’s Work and (ivthe Balance of Landlord’s Work. Landlord’s obligations under this Section 3.2(e) with respect to each portion of Landlord’s Work shall expire on the applicable Warranty Expiration Date and be free of no further force and effect except with respect to any defects or deficiencies in Landlord’s Work disclosed in any Defect Notice delivered before the applicable Warranty Expiration Date. In addition to and notwithstanding the foregoing, Landlord hereby agrees, at no cost to Tenant, to use reasonable efforts to enforce its warranties against any contractor performing any portion of Landlord’s Work and, if Landlord reasonably concludes in good faith that the cost to bring the claim and the resulting benefits to the Building and the occupants therein do not justify pursuing the warranty claim then Tenant may, but is not required to, obtain a non-exclusive assignment of such claim from “Counterfeit Work” as defined Landlord and to pursue the same at Xxxxxx’s sole cost and expense. Nothing in this Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i3.2(e) the Services shall be provided with all due skill deemed to limit Landlord’s obligations for maintenance and repair in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later Section 10.2 of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceLease.

Warranty. (a) In addition to warranties from Seller, the manufacturer or otherwise, Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) will conform strictly to the required specifications specifications, drawings, and/or sample(s) specified or furnished, will be new and all other requirements of these Terms of Purchaserecent manufacture and original equipment not refurbished unless otherwise indicated, (iii) and will be fit and sufficient for the purpose intended; , of merchantable quality, of good material and workmanship free from defect for a period of eighteen (iv18) months from the date the Goods are accepted by Purchaser pursuant to Paragraph 8, or twelve (12) months from the date Purchaser first uses the Goods in its operations, whichever is longer, or such other time as may be specified on the PO, and shall be in conformity with all applicable federal, state and local laws respecting the Goods. Material cannot be fraudulent or counterfeit. (b) Seller further warrants that the Goods furnished hereunder shall conform to all terms, addenda, representations, affirmations, promises, descriptions, samples or models forming the basis of this PO. Seller further warrants that all services performed for or on behalf of Purchaser will be performed in a competent workmanlike manner and shall be free from “Counterfeit Work” as defined in Section 33 faults and defects. None of these Terms of Purchase. If Seller is providing Services hereunderthe foregoing warranties and no other implied or express warranties may be disclaimed, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingor excluded, or modified except by written agreement signed by an authorized Purchaser representative. Seller shall pass through any applicable manufacturer’s warranty agrees to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer hold Purchaser harmless from any lossall losses, damages or expenses, including, but not limited to, damage or expense that Buyer to collateral equipment and attorney’s fees, which Purchaser may incur as a result of Seller’s suffer from breach of these warranties. (c) All manufacturer’s warranties and guaranties relating to the Goods are transferred and assigned to Purchaser upon delivery of the Goods even if prior to payment for such Goods. Remedies The warranties in this Paragraph 10 shall includesurvive any inspection, at Buyer’s election and at delivery or acceptance of, or payment for, the Goods by Purchaser. Upon any claim by Purchaser under Seller’s sole risk and expensewarranties in this Paragraph 10, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply replace such Goods with Xxxxx’s direction Goods conforming to repair, rework or replace the goods, furnish any material or parts specifications and installation required to successfully correct the nonconformance.warranties,

Warranty. Seller Offeree expressly warrants that it has good title, free of encumbrancesGoods shall be merchantable; shall conform to this Offer, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder specifications, drawings, and other descriptions referenced in this Offer, and to any accepted samples; shall (i) be free from defects in materials and workmanship; shall be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) shall be fit and sufficient safe for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasetheir intended purposes. If Seller is providing Services hereunder, Seller Offeree further warrants that (i) the Services it has clear title to Goods and that Goods shall be provided with delivered free of any and all due skill liens and in accordance with these Terms encumbrances. Goods that meet the preceding standards are collectively called “conforming Goods.” The Warranty Period will be for a period of Purchase and industry recommended standards and practices; and thirty six (ii36) months from the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty date of delivery to the benefit end user or such longer period of Buyertime as may have been accepted by Offeror from Offeror’s customer or the date on which any longer or broader government requirement covering the Goods ends. These warranties will survive any delivery, inspection, acceptance or payment by Offeror for the entire Warranty Period. Claims for breach of warranty and the applicable statute of limitations do not accrue until discovery of noncompliance, even if the Goods were previously inspected. All these warranties and other warranties as may be prescribed by law shall be in addition extend to all other warrantiesOfferor, expressits successors, implied or statutory. Payment forassigns, inspection ofand customers, or receipt and to users of Goods or Services and shall not constitute a waiver by Buyer of run through any breach of expiration date stated in Offeree's warranty. The warranty If Offeree is unable, within fifteen (15) days, to remedy the nonconformance or to deliver replacements or such measures are delayed for Goods commences on the later an unreasonable period of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodtime, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall includethen Offeror may, at Buyer’s election and at Seller’s sole risk and expenseits election, rescind the prompt repairOffer, replacement or reimbursement demand a reduction of the purchase price and/or claim damages from Offeree. If conforming Goods are not furnished or are delivered late, then Offeror may, at its election and in addition to any other rights or remedies it may have at law or in equity, have the Goods repaired, replaced, corrected or sourced from a third party, at Offeree’s expense. Offeree is also responsible for all related expenses and damages including without limitation, the costs of removal, disassembly, failure analysis, fault isolation, reinstallation, re-inspection and retrofit of the nonconforming goods and/or the prompt correction Goods or of the nonconforming services Offeror’s affected end-product; all freight charges; all customer charges; and all corrective action costs (i.e., costs of additional inspection or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancequality control systems).

Warranty. Seller The following warranty applies to Lydall’s Products only and excludes Lydall’s Services. If full payment for the Products is received, Lydall warrants that it has good titleat the time of shipment and for a period of one (1) year thereafter (unless a different period is specified by Lydall) its Products (not including any parts, materials or equipment not manufactured or supplied by Lydall) shall be substantially free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from material defects in designworkmanship and material under normal use and service and shall substantially conform to contract specifications, materials subject to Lydall's standard tolerances for variations. Buyer agrees to inspect the Products prior to acceptance and workmanship; upon receipt and to give written notice within fifteen (ii15) days to Lydall of any claim that the Products breach any warranty provided herein. Lydall will be afforded a prompt opportunity to inspect the Products. If Buyer shall fail to give such notice or provide such opportunity to inspect, the Products shall be deemed accepted and to conform to the required specifications terms of this Agreement and all other requirements of these Terms of Purchase, (iii) Buyer shall be fit bound to accept and sufficient pay for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and Products in accordance with these Terms the terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out Agreement. Use or processing of the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties Products shall be deemed an unconditional acceptance. Defects in addition part of the Products shipped do not entitle rejection of the entire shipment. Complaints do not affect Buyer’s obligation to all other warranties, express, implied or statutorypay for the Products. Payment for, inspection of, or receipt of Goods or Services Buyer’s failure to provide timely notice shall not constitute a waiver by of its claims. Buyer of expressly waives any rights Buyer may have to revoke or refuse acceptance after such fifteen (15) day period. For a breach of warranty. The warranty for Goods commences on claim, Lydall may, at its option, repair or replace the later of nonconforming Products or credit the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid account for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price value of the nonconforming goods and/or Products. The aforesaid obligations of Lydall are expressly agreed by the prompt correction Parties to be the limit of Lydall's liability and Buyer's sole and exclusive remedy under this Agreement. Should this sole and exclusive remedy fail of its essential purpose, however, Lydall will return Buyer’s purchase price minus the reasonable value of Buyer’s use of the nonconforming services Product. Notwithstanding anything herein contained to the contrary, the liability of Lydall for any and all claims for direct damages arising out of or reimbursement in connection with the Products and the use thereof shall under no circumstances exceed the sum of Buyer’s payments for the Goods that are the subject of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repairxxxxx.XX NO EVENT SHALL LYDALL BE LIABLE FOR LOSS OF USE OR LOSS OF PROFITS OR FOR ANY INDIRECT, rework or replace the goodsSPECIAL, furnish any material or parts and installation required to successfully correct the nonconformance.INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES, EXCEPT AS REQUIRED BY LAW.ALL OTHER WARRANTIES, DIRECT OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE

Warranty. Seller expressly warrants that all goods or services furnished under this agreement shall conform to all specifications and appropriate workmanship standards.. Seller warrants that it has good titleall such goods or services will conform to any statements made on the containers or labels or advertisements for such goods or services, free of encumbrancesand that any goods will be adequately contained, to the Goods delivered hereunderpackaged, marked, and labeled. Seller further warrants that all Goods delivered goods or services furnished hereunder shall (i) will be free from defects in design, materials merchantable and workmanship; (ii) conform to the required specifications will be safe and all other requirements of these Terms of Purchase, (iii) be fit and sufficient appropriate for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 for which goods or services of these Terms of Purchasethat kind are normally used. If Seller is providing Services hereunderknows or has reason to know the particular purpose for which Purchaser intends to use the goods or services, Seller warrants that (i) such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples. Inspection, test, acceptance, or use of the Services goods or services furnished hereunder shall not affect the Seller's obligation under this warranty and such warranties shall survive inspection, test, acceptance, and use. Seller's warranty shall run to Purchaser, its successors, assigns and customers, and users of products sold by Purchaser. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to Purchaser, when notified of such non conformity by Purchaser, provided Purchaser elects to prove Seller with the opportunity to do so. In the event of failure of Seller to correct defects in or replace nonconforming goods or services promptly, Purchaser, aller reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for the cost incurred by Purchaser in doing so. Price Warranty: Seller warrants that the pricing for the articles sold Purchaser hereunder are not less favorable in those currently extended to any other customer for the same or similar articles in similar quantities. In the event Seller reduces its price for such article during the term of this order, Seller agrees to reduce the prices here of correspondingly. Seller warrants that prices shown on this purchase order shall be provided with all due skill complete, and in accordance with these Terms no additional charges of Purchase any type shall be added without Purchaser's express written consent. Such additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingcrating. Force Majeure: Purchaser may delay delivery or acceptance occasioned by causes beyond its control. Seller shall pass through any applicable manufacturer’s warranty to hold such goods at the benefit direction of Buyerthe Purchaser and shall deliver them when the cause affecting the delay has been removed. These warranties Purchaser shall be responsible only for Sellers direct additional costs in addition holding the goods or delaying performance of this agreement at Purchaser's request. Causes beyond Purchaser's control shall include government action or failure of the government to all act where such action is required, strike or other warrantieslabor trouble, express, implied or statutory. Payment for, inspection offire, or unusually severe weather. OF 2.06.01-4 Rev C Patents: Seller agrees upon receipt of Goods or Services shall not constitute a waiver by Buyer notification to promptly assume full responsibility for defense of any breach suit or proceeding which may be brought against Purchaser or its aqents, customers, or other vendors for alleged patent infringement, as well as for any alleged unfair competition resulting from similarity in design, trademark, or appearance of warrantygoods or services furnished hereunder, and Seller further agrees to indemnify Purchaser, its agents and customers against any and all expenses, losses, royalties, profits, and damages including court costs, and attorney's fees resulting from any such suit or proceeding, including any settlement. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods Purchaser may be represented by and actively participate through its own counsel in any such suit or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodproceeding if it so desires, and the warranty for Services commences on the day cost of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller representation shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of paid by the Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller warrants that it has good titlefor the period provided by applicable law, free of encumbrances, or for such longer period as provided by Buyer to its Customers with respect to the Goods, that all Goods delivered hereundercovered by this Purchase Order will conform to all specifications, standards, drawings, samples and/or descriptions, quality requirements, and, if applicable, performance requirements, and fit, form and function requirements furnished to Seller by Buyer, and all industry standards, laws and regulations in force in countries where the Goods or finished products incorporating the Goods are to be sold. Seller further warrants that all Goods delivered hereunder shall will be merchantable, safe, of good material (iif Seller is providing any material) be and workmanship and free from defects in designdefects. In addition, materials Seller acknowledges that Seller knows of Buyer’s and workmanship; (ii) conform to its Customer’s intended use of the required specifications Goods and expressly warrants that all other requirements of these Terms of Purchase, (iii) Goods will be fit and sufficient for the particular purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchaseintended by Buyer or its Customer. If Seller is providing Services hereunder, Seller warrants that (i) Seller will keep the Services shall be Goods free and clear of all liens, claims, interests and other encumbrances. The warranties provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be this Section 9 are in addition to all warranties imposed on Buyer by its Customers (which are incorporated herein by reference) and all other warranties, express, implied implied, statutory and common law, and will survive Buyer’s or statutoryits Customer’s inspection, test, delivery, acceptance, use and payment of and for the Goods, and inure to the benefit of Buyer, its successors and assigns, and Buyer’s Customers and the users of Buyer’s or its Customers’ products. Payment forThe warranties provided for in this Section 9 may not be limited or disclaimed by Seller. Buyer’s approval of Seller’s designs, inspection ofmaterials, processes, drawings, specifications or receipt the like will not be construed to relieve Seller of Goods or Services shall not constitute any warranties, nor will a waiver by Buyer of any breach required specification as to any particular Goods constitute a waiver of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid any such requirements for the longer remaining Goods to be delivered unless so stated by Buyer in writing. Seller will immediately notify Buyer in writing if Seller learns of 12 months any fact, circumstance or the length of Seller’s condition that may cause or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of threaten to cause Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement any warranty or reimbursement any delay or interruption in delivery of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceGoods.

Warranty. 7.1 Seller warrants that it has good title, free of encumbrances, all Products furnished to the Goods delivered hereunderBuyer will be new unless otherwise approved by Buyer in a signed writing. Seller further warrants good title to all such Products and that all Goods delivered hereunder shall (i) the Products will be free from defects in designany liens or encumbrances. 7.2 Seller warrants that Products shall be merchantable, materials be of good material and workmanship; (ii) conform to the required specifications , be free from defect, and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intendedparticular purposes intended by Buyer and any customer of Buyer. 7.3 Seller warrants that the Products shall conform to all samples furnished by Seller and be in accordance with the Seller’s ratings, drawings, specifications, descriptions and other publications (“Seller’s Specifications”), for such time period (a) as specified in Seller’s Specifications, not less than twelve (12) months; or (b) where such period is not specified in Seller’s Specifications, for twenty-four (24) months. Where a consumable Product has a shelf life, said consumable Product shall not expire and shall be warranted for, a minimum shelf life of no less than twenty four (iv24) be free from “Counterfeit Work” months, unless otherwise agreed to in writing by Seller. Buyer agrees to promptly notify Seller of any failure to conform to the warranty. Seller agrees, as defined in Section 33 of these Terms of Purchasesoon as commercially practicable, to correct the same by repairing or delivering replacement Product to Buyer at Seller’s sole cost and expense. If Seller is providing Services unable to timely repair or replace such non-conformity, Seller shall return to Buyer the purchase price thereof, or, where appropriate, the unit price for such number or quantity of the Products as shall have such non-conformity which Seller is unable to correct. The warranty set forth in this paragraph shall apply both to the Products and to any replacement Products, and warranty periods shall begin at Buyer’s acceptance of the Products. 7.4 Seller further warrants that all services will be performed in a workmanlike manner and that the Seller will use suitably qualified personnel (this warranty shall survive for 90 days following Seller’s completion of the services). 7.5 Seller shall extend any third party warranty(s) for the Products sold hereunder, or any part thereof, to Buyer and/or Buyer’s end user. 7.6 Buyer may assign, transfer, convey or otherwise extend any/all warranty(s) outlined hereunder to any customer or affiliate of Buyer. 7.7 Seller warrants and represents that (i) the Services Products and their use, modification, enhancement or maintenance by Buyer do not infringe any third- party intellectual property rights. Seller shall be provided inform Buyer without undue delay of any intellectual property rights that become known to Seller, where such rights entail the possibility that the Products might interfere with all due skill or infringe upon said third-party intellectual property rights. In case Buyer or any affiliate or customer of Buyer is not able to use, offer for sale, place on the market or sell Products to third parties without interfering with or infringing upon third-party intellectual property rights, Seller shall, according to the choice made by Buyer and in Buyer´s sole discretion, either procure the rights of use of the aforementioned third-party intellectual property rights for Buyer or, in agreement with Buyer and in accordance with these Terms the requirements of Purchase and industry recommended standards and practices; and Buyer, deliver to Buyer, its affiliate or customer (iias identified in writing by Buyer) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty alternative products that are technically equivalent to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied Products and that do not interfere with or statutory. Payment for, inspection of, or receipt of Goods or Services shall do not constitute a waiver by Buyer of infringe upon any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceaforementioned third party intellectual property rights.

Warranty. Seller warrants to Buyer and its Affiliates, its successors, assigns, customers, and users of the goods sold by Buyer that it has good title, free for a period of encumbrances, three years from the date of delivery to the Goods delivered hereunder. Seller further warrants that Buyer’s customer all Goods delivered Products provided hereunder shall be (i) be merchantable; (ii) new; (iii) free from defects in material and workmanship; (iv) with regard to Products designed by Seller, free from defects in design, materials and workmanship; (iiv) conform to the required specifications in compliance with all applicable specifications, drawings, and all other requirements of these Terms of Purchase, performance requirements; (iiivi) be fit and sufficient for the purpose intended; and (ivvii) be free from “Counterfeit Work” liens and encumbrances on title. Delivery, inspection, test, acceptance or use of, or payment for the Products furnished hereunder shall not affect Seller’s obligation under this warranty, and such warranties, and all other warranties, express or implied, shall survive delivery, inspection, test acceptance, payment, and use. Seller agrees to correct defects in, or replace any products not conforming to the foregoing warranty promptly, but in no event, will repair or replacement and delivery be completed more than ten (10) days from notice of such nonconformity by Buyer, provided Buyer elects to provide Seller with the opportunity to make the repair or provide the replacement. A written notice specifying that such goods are corrections or replacements shall accompany deliveries of corrected or replaced goods. Seller shall promptly reimburse Buyer for any expenses or damages incurred by Buyer regardless of the nature of such expenses or damages as defined a result of or relating to Seller’s failure to comply with (i) –(vii) above including but not limited to rework, removal and reinstallation costs, payment withholds, field service costs and shipping. In the event that Seller fails to correct defects in Section 33 of these Terms of Purchaseor replace nonconforming Products promptly, Buyer, after reasonable notice to Seller, shall have the right to correct or replace such Products and charge Seller for the cost incurred by Buyer in doing so, such right to include, without limitation, Buyer’s right to deduct or offset. If Services or technical data are to be provided by Seller is providing Services hereunder, Seller warrants to Buyer that (i) the such Services shall be provided with all due skill and/or technical data have been performed or prepared in a professional and workmanlike manner and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply compliance with Xxxxx’s direction to repair, rework instructions or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceother requirements.

Warranty. 10.1 At Settlement, Seller warrants that it will deliver to Purchaser and executed copy of the limited warranty in the form set forth in the condominium instruments. Unless specified otherwise herein, the condominium unit is sold in “AS IS” condition and all warranties other than those expressly provided in the limited warranty in the condominium instruments are hereby excluded. Purchaser has good titlebeen afforded the opportunity to review the limited warranty prior to execution of this agreement and agrees to accept this warranty as the sole warranty being given by Seller to Purchaser. 10.2 Purchaser hereby waives any and all warranties other than those provided in this Section. Seller is conveying the Condominium Unit in accordance with the warranty obligations set forth in Section 42-1903.16 (b) of the Act. Seller hereby expressly disclaims all other warranties under the Condominium Act, free either express or implied, other than as expressly set forth herein, including any implied warranty of encumbrancesmerchantability, habitability or fitness for a particular use or purpose. Seller makes no other warranties, expressed or implied, by statue or otherwise, to Purchaser, Seller shall not be liable for personal injury or property damage due to or arising from environmental. or ecological conditions. Without limiting the Goods delivered hereundergenerality of the foregoing, no warranty is hereby given or to be implied herefrom or otherwise. After settlement, Purchaser agrees that Seller shall not be liable for any work, whether or not patently incomplete, or any defects not specifically noted in the pre-settlement unit inspection form, unless otherwise specifically provided in the limited warranty. It is further agreed that there shall be no withholding of seller’s funds, or any part thereof, at settlement, for any such items. Seller further warrants that all Goods delivered hereunder shall (i) does not warrant any building material for any such items. For any such items Seller does not warrant any building material used in the unit or the property to be free from defects in design, materials toxicity to occupants or users and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasetherefore disclaims any liability arising therefrom. If Seller is providing Services hereundernot responsible for personal allergic or other health reactions, Seller warrants that (i) or injury or property damage arising from building materials at or in the Services shall be provided with all due skill and in accordance with these Terms vicinity of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingunit. Seller shall pass through makes no warranty, either express or implied, regarding the presence of radon gas or any applicable manufacturer’s warranty other hazardous environmental material, at or in the vicinity of the Condominium or the Unit. Radon gas is a naturally occurring phenomenon and, according to some scientific experts in the benefit field, exposure to radon gas for a period of Buyertime can be hazardous to your health, including increasing the risk of cancer. These warranties shall be in addition to all other warrantiesAs a result of natural geologic conditions, express, implied or statutorysome areas may pose a greater risk than others. Payment for, inspection Seller claims no expertise regarding either the identification of, or receipt methods to reduce the level of Goods radon gas or Services other naturally occurring hazardous environmental materials, or the risk associated with the exposure to radon or other hazardous materials. The United States Environmental Protection Agency and local environmental authorities are best equipped to render advice regarding the risk which may exist in a particular area, the risks associated with radon exposure, methods available to detect and measure radon levels, and what, if any, remedial measures may be advisable in particular circumstances to reduce the risk of radon exposure. Purchaser acknowledges that Seller shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless any damages related to exposure to radon gas, asbestos, mold or other environmental materials. By closing upon the Unit, Purchaser will be deemed to have released Seller from any lossand all claims and liabilities relating to or arising from the presence of radon, damage asbestos, mold or expense other environmental conditions in or on the property or the Unit, and from any and all responsibility for mitigating or remediating any radon gas, naturally occurring asbestos, mold or other environmental conditions that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, be discovered in or on the prompt repair, replacement common elements or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceUnit.

Warranty. Seller shall use reasonable endeavours to provide the Services in accordance in all material respects with its quotation. Seller warrants that it has good titlefor 12 months from the date of delivery, free of encumbrances, to the Goods delivered hereundershall comply with the requirements of the Contract. Seller further warrants that all shall not be liable for a breach of the warranty as to Goods delivered hereunder shall unless: (i) be free from defects Buyer gives written notice of the defect to Seller, and, if the defect is as a result of damage in design, materials and workmanship; (ii) conform transit to the required specifications and all other requirements carrier, within 10 days of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) time when Buyer discovers or ought to have discovered the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practicesdefect; and (ii) Seller is given a reasonable opportunity after receiving the personnel assigned notice to carry out examine such Goods and Buyer (if asked to do so by Seller) returns such Goods to Seller’s place of business at Buyer’s cost; and (iii) Buyer provides Seller with full details of the Services shall possess the necessary experience and trainingalleged defect. Seller further shall pass through not be liable for a breach of the warranty if: (i) Buyer makes any applicable manufacturerfurther use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to follow Seller’s warranty oral or written instructions as to the benefit of Buyer. These warranties shall be in addition to all other warrantiesstorage, expressinstallation, implied commissioning, use or statutory. Payment for, inspection of, or receipt maintenance of Goods or (if there are none) good trade practice; or (iii) Buyer alters or repairs such Goods without the written consent of Seller; or (iv) the defect results from fair wear and tear. If Goods/Services do not conform with the warranty, Seller shall not constitute a waiver by at its option repair or replace such Goods (or the defective part) or reperform the Services or refund the price of such Goods/Services at the pro rata Contract rate provided that, if Seller so requests, Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of shall, at Seller’s expense, return the Goods or the part of such Goods have been installed by which is defective to Seller. In the event that no defect is found, Buyer shall reimburse Seller and is valid for the longer of 12 months or reasonable costs incurred in investigating the length of Seller’s or alleged defect. If Seller complies with the manufacturer’s standard warranty periodconditions in the 2 preceding sentences, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable have no further liability for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement warranty in respect of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceGoods/Services.

Warranty. Each Seller warrants that it has good title, free of encumbrances, all Contract Products sold by such Seller to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in designdefect of materials, materials design or workmanship and workmanship; (ii) to conform strictly to the required specifications specifications, drawings, or samples specified or furnished; to be new and all other requirements of these Terms the most suitable grade of Purchase, (iii) their respective kinds; to be fit and sufficient suitable for the purpose intended; and to meet all of the performance requirements. All warranties shall survive any inspection, design approval, delivery, acceptance or payment by the applicable Buyer or such Buyer’s Material Review Board (iv“MRB”). In case of a conflict, the applicable Seller’s MRB authorities are superseded by the applicable Buyer’s MRB. All warranties shall run to the applicable Buyer, its successors, assigns, customer and the users of the Contract Products. All warranties shall be construed as conditions as well as warranties and shall not be deemed to be exclusive. The applicable Seller agrees to replace or to correct promptly without cost or expense to the applicable Buyer, including without limitation transportation and handling costs, any Contract Products not conforming to the foregoing requirements when notified by the applicable Buyer (x) during a period of twelve (12) months after delivery or (y) until twelve (12) months after final acceptance by the applicable Buyer’s customer under a prime contract. If the applicable Seller, upon notice of any defect, fails to promptly correct or replace Contract Products within a commercially reasonable period of time, the applicable Buyer may, without further notice, correct or replace such Contract Products and the applicable Seller agrees to reimburse such Buyer for all costs incurred thereby. Contract Products which have been rejected shall not thereafter be tendered for acceptance unless the former rejection and correction is identified, and such repaired or replacement Contract Products shall be subject to the provisions of the article to the same extent as the Contract Product. All warranties shall then run from the latter delivery date. In addition to the foregoing, the Seller warrants that all Contract Products delivered by Seller shall be free from “Counterfeit Work” as defined in Section 33 latent defects for a period of these Terms of Purchasefive (5) years from delivery. If during this period a latent defect is discovered either by Buyer or Seller, the Seller is providing Services hereunderwill, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty at no cost or expense to the benefit of applicable Buyer. These warranties shall be in addition to , including without limitation transportation and handling costs, promptly replace or repair all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive Contract Products containing such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller warrants that it has good title, free 10.1 CPW sells the Goods with the benefit of encumbrances, the manufacturer's warranty (if any) subject to the Goods delivered hereunder. Seller terms and conditions of such warranty and CPW shall have no further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform liability to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable Partner. 10.2 Any manufacturer’s warranty shall not apply: 10.2.1 in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Partner; 10.2.2 in respect of any defect arising from fair wear and tear, willful damage, negligence (including improper storage), improper installation or maintenance, abnormal working conditions, failure to follow CPW's instructions (whether oral or in writing), misuse or alteration or repair of the benefit Goods without CPW's approval; and 10.2.3 in respect of Buyer. These warranties shall be in addition any matter regarded as a fault due to all other warrantiesa modification, express, implied or statutory. Payment for, inspection ofalteration, or receipt of Goods or Services shall not constitute replacement required by a waiver by Buyer change in the requirements of any breach of warranty. The warranty for Goods commences on governmental or regulatory society, institute, authority or other body. 10.3 If the later fault arises within 28 days of the date Buyer takes physical possession of delivery of the faulty Goods (the "Warranty Period") CPW shall replace or repair free of charge the Goods (or the part in question), subject to the manufacturer’s warranty. 10.4 CPW shall refund to the Partner the price of the Goods (or a proportionate part of the price) where CPW receives a refund from the manufacturer of the price but otherwise CPW shall have no further liability to refund the Partner. 10.5 For any Goods for which the fault arises after expiry of the Warranty Period the Partner shall be responsible for the cost of carriage and insurance in respect of all Goods returned by the Partner to CPW for repair or replacement. In the case of valid warranty claims CPW shall refund any such reasonable costs. 10.6 CPW reserves the right to levy a surcharge in the event of returned Goods being found not to be defective. 10.7 Except as otherwise set out in this Agreement, on delivery the Goods shall conform in all material respects with any description CPW have been installed specifically provided to the Partner; however the Partner agrees that CPW shall not provide any warranties themselves in respect of the Goods, and that all other warranties and representations, whether express or implied, by Seller and statute, common law or of any other kind are hereby excluded to the maximum extent permitted by law. CPW does warrant that the Goods are suitable for sale in any country other than the UK. If the Partner wishes to sell the Goods outside the UK, it is valid for the longer of 12 months or Partner to ensure that the length of Seller’s or Products comply with the manufacturer’s standard warranty periodlaws of, do not infringe any third party rights, and are otherwise suitable to be sold in any country other than the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceUK.

Warranty. Seller Vendor warrants that it has good titlethe goods, articles and services furnished hereunder (whether materials, parts or equipment) to be (1) as specified, (2) free General Purchase Conditions and clear of all liens or other security interests and encumbrances, good, valid and marketable title thereto being solely in Vendor, (3) made exclusively of new materials, (4) free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall defects of any type (i) be free from defects whether in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchasematerial, workmanship or otherwise), (iii5) be of good and merchantable quality and (6) fit and sufficient for the purpose intended; intended and (iv) be free general purposes for which Voith is purchasing them. Unless a longer time is set forth on the face of the Purchase Order, such goods or services warranty shall last for the longer of 36 months from “Counterfeit Work” as defined in Section 33 the first date of these Terms operation of Purchasethe goods or 48 months from the date of shipment of the goods or completion of the services. If Seller is providing Services hereunderany such goods, Seller warrants that articles or services are found to be in breach of any of the foregoing warranties, Vendor shall at its sole cost promptly, at Voith’s option, either (i1) replace the Services shall be provided with all due skill and goods or articles, DDP named destination of Voith, in accordance with these Terms INCOTERMS 2020, (2) repair the goods or articles or (3) re-perform the services found to be defective. Vendor shall be responsible for all costs arising out of the breach of warranty and repair, replacement or re-performance, including, but not limited to, disassembly, reassembly, transportation, installation, storage, commissioning and re-testing. If Vendor fails to promptly replace or repair the goods or articles or re-perform the services, Voith may have the articles repaired or replaced or the services re-performed by Voith or a third party at Vendor’s expense. Repaired goods, replaced goods and articles and re-performed services shall be warranted in accordance with the terms of this Agreement. If repair, replacement or re-performance is not possible, Voith may terminate the Purchase Order and industry recommended standards Vendor shall refund Voith the full purchase price and practices; be liable for all direct and (ii) indirect expenses, costs and damages incurred by Voith. The foregoing and all other, legal, statutory, express and implied warranties that can have application to the personnel assigned goods, articles and services furnished hereunder shall be deemed conditions of this order and the remedies provided in this paragraph shall be cumulative and in addition to carry out the Services any other or further remedies Voith may have, including under applicable law. The warranties and remedies provided for in this paragraph shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty inure to the benefit of Buyer. These warranties shall be in addition Voith, its successors, assigns and customers and to all other warrantiesthe users of its products and Voith’s inspection, expressapproval, implied acceptance of and/or payment for goods, articles or statutory. Payment for, inspection of, services or receipt of Goods or Services shall any drawings do not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later relieve Vendor of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancewarranties provided herein.

Warranty. Seller ‌ Despite any clause to the contrary, the Contractor represents and warrants that it has good titleits services hereunder shall be performed by competent personnel and shall be of professional quality consistent with generally accepted industry standards for the performance of such services and shall comply in all respects with the requirements of this Agreement. For any breach of this warranty, free the Contractor shall, for a period of encumbrancesninety (90) days from performance of the service, perform the services again, at no cost to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder State, or if Contractor is unable to perform the services as warranted, Contractor shall (i) be free from defects in design, materials and workmanship; (ii) conform reimburse the State the fees paid to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient Contractor for the purpose intended; unsatisfactory services. The rights and (iv) be free from “Counterfeit Work” as defined in Section 33 remedies of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s parties under this warranty to the benefit of Buyer. These warranties shall be are in addition to all any other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later rights and remedies of the date Buyer takes physical possession of parties provided by law or equity, including, without limitation actual damages, and, as applicable and awarded under the Goods law, to a prevailing party, reasonable attorneys’ fees and costs. PAYMENT‌ PROHIBITION AGAINST ADVANCE PAYMENT (Statutory)‌ Neb. Rev. Stat. §§81-2403 states, “[n]o goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller services shall be liable for deemed to be received by an agency until all such goods or services are completely delivered and save Buyer harmless from any loss, damage or expense that Buyer may incur finally accepted by the agency.” TAXES (Statutory)‌ The State is not required to pay taxes and assumes no such liability as a result of Sellerthis solicitation. The Contractor may request a copy of the Nebraska Department of Revenue, Nebraska Resale or Exempt Sale Certificate for Sales Tax Exemption, Form 13 for their records. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor. INVOICES‌ Invoices for payments must be submitted by the Contractor to the agency requesting the services with sufficient detail to support payment. The terms and conditions included in the Contractor’s breach invoice shall be deemed to be solely for the convenience of these warrantiesthe parties. Remedies No terms or conditions of any such invoice shall includebe binding upon the State, at Buyer’s election and at Seller’s sole risk no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract. If the Contractor traditionally includes itemization of applicable taxes and expensefees (e.g. Nebraska Universal Service Fund) on the monthly invoices, the prompt repairContractor must be reminded that the total monthly costs on auto-generated invoices must exactly match the costs as itemized in the bidder’s Cost Sheet. The State will provide detailed billing instructions for each order as placed. In some cases the billed entity will be a consolidated billing to the State in an electronic or print format. For E-rate eligible entities, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesContractor may be instructed to bill each entity directly to ensure that appropriate E-rate processing can be accomplished. Seller shall promptly The Contractor must comply with Xxxxx’s direction all applicable E-rate requirements. The State may request a copy or summary of xxxxxxxx to repair, rework or replace other entities. Billings for the goods, furnish any material or parts and installation required to successfully correct Individual Sites High Speed WAN must comply with the nonconformance.following specific requirements:

Warranty. 12.1 The Buyer acknowledges that the Seller warrants that it has good title, free is not the manufacturer of encumbrances, to the Goods delivered hereunderand that each item of Goods is subject to its own warranty with its Manufacturer. The Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient will either:- 12.1.1 obtain for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to Buyer the benefit of Buyer. These any standard end-user warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession respect of the Goods (whether by assignment from the Seller or directly from the Manufacturer); or 12.1.2 grant the Buyer the same warranties that the Seller receives from the Manufacturer in respect of the Goods subject to the conditions and limitations relating to those warranties contained in contractual documents between the Manufacturer and the Seller. 12.2 Any sums recoverable under Clause 11.1.2 above shall be limited to the sums recovered by the Seller from the relevant Manufacturer in respect of the relevant claim. Details of these warranties and the conditions and limitations applicable to them shall be made available to the Buyer upon reasonable written request. 12.3 The Seller warrants that: 12.3.1 it is entitled to enter into this Contract; and 12.3.2 the Services will be carried out with reasonable care and skill. 12.4 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; and 12.4.1 the Seller shall be under no liability in respect of any defect arising from wilful damage, negligence, abnormal working conditions, failure to follow the Seller's written instructions, misuse or alteration or repair of the Goods without the Seller's approval; 12.4.2 the Seller shall be under no liability under the warranty (or any other warranty or condition or guarantee) if the total price for Goods delivered has not been paid. 12.5 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 12.6 Any claim by the Buyer that the Goods have been installed damaged in transit (whether or not delivery is refused by the Buyer) shall be notified to the Seller giving full details of the notice and extent of the damage suffered in writing within 10 days from the date of delivery. If the delivery is valid not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodsuch damage, and the warranty Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 12.7 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, or any duty at common law, for Services commences on any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the day of completion negligence of the Services and is valid for 12 months following completion Seller, its employees or agents or otherwise) which arise out of or in connection with the Services. Notwithstanding the foregoing, Seller’s warranty for supply of Goods or Services shall survive such 12 month period and any termination their use or expiration of resale by the Buyer, except as expressly provided in these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceConditions.

Warranty. Seller warrants that it has good title, free Except for uncompleted items of encumbrances, to Tenant Improvements specified in the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined punchlist described in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period5.3 above, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation Tenant shall be deemed to have accepted all elements of Tenant Improvements on the part date of Seller exists.. Seller Substantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be liable for deemed completed and save Buyer harmless from any loss, damage or expense that Buyer may incur as accepted by Tenant upon the delivery to Tenant of a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement certificate of the purchase price Architect on behalf of the nonconforming goods and/or Contractor that such items have been completed unless the prompt correction certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) business days of Landlord’s delivery of the nonconforming services certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or reimbursement cure thereof on the date that is eleven (11) months following the date of Substantial Completion of the amounts paid for applicable work if Tenant has not then given notice of such servicesdefect to Landlord. Seller For the purposes of this Lease, “latent defects” shall promptly comply with Xxxxxmean defects in the construction of the Landlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s direction contractor so to repairremedy, rework repair or replace any such latent defects identified by Tenant within the goodsforegoing time periods, furnish together with any material damage caused to the Landlord Work on account of such defects, such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use of the Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or parts and installation required other claims against contractors, materialmen, architects, suppliers or manufacturers with respect to successfully correct the nonconformance.Tenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the Tenant Improvements. 176640186.8 373606-000050

Warranty. 1. The Seller warrants that it has good title, free of encumbrances, to shall provide the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient warranty for the purpose intended; laser system for a period of 24 months, the warranty for the crystals 2000 hours of operation and (iv) be free from “Counterfeit Work” as defined in Section 33 4000 hours of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) operation for the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantyoptics. 2. The warranty for Goods commences period shall commence on the later date of the date Buyer takes physical possession signature of the Goods Handover Protocol. However, if the Device is taken over with defects or deficiencies, the Goods have been installed warranty period shall commence on the date of the removal of the last defect or deficiency by Seller and is valid the Seller. 3. If the Device which contains its own warranty documents then the warranty period shall be the period specified in such documents, unless does not exceed the warranty period stipulated in the Contract. 4. The Buyer shall raise a claim for removal of a defect of the longer Device without undue delay after discovering the defect, but not later than on the last day of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, by means of a written notice sent to the Seller’s authorised representative for technical matters set out herein (hereinafter the „Warranty Claim“). An email is considered to be an adequate way to initiate a warranty claim. Warranty Claim sent by the Buyer on the last day of the warranty period shall be deemed to have been made in time. 5. In the Warranty Claim the Buyer shall describe the defect and the warranty for Services commences manner in which the defect is to be removed. The Buyer is entitled to: - request the removal of defects by substitute delivery, or - request that the defects are repaired, or - request an appropriate discount on the day of completion Purchase Price. The choice among the above specified claims shall be made by the Buyer. 6. The Seller agrees to remove the defects of the Services Device free of charge. 7. Defects must be removed within the period of fourteen (14) days from the date, on which the Warranty Claim was notified to the Seller, at the latest, unless the Buyer and is valid for 12 months following completion the Seller agree otherwise. 8. The Seller shall remove defects of the ServicesDevice within periods stated in the Contract also in the instances when the Seller is of the opinion that he is not liable for such defects. Notwithstanding In cases when the foregoingSeller will not recognize the defect and the Buyer will not agree with such conclusion, Sellerthe validity of the Warranty Claim shall be ascertained by an expert, which is to be commissioned by the Buyer but on which the Supplier also must agree. In the event the expert declared the Warranty Claim as justified, the Seller shall bear the costs of the expert’s assessment. If the Warranty Claim is raised unjustly (according to expert’s assessment), the Buyers shall reimburse the Seller all reasonably incurred costs associated with removing the defect. 9. The Parties shall execute a record on removal of the defect, in which they shall confirm that the defect was removed. The warranty for Goods period shall extend by the time that expires from the date of exercising the Warranty Claim until the defect is removed. 10. In case the Seller fails to remove the defect within the time period set out in the Contract, or Services within other period as may be agreed by the Parties, or in case the Seller refuses to remedy the defect, the Buyer shall survive such 12 month period be entitled to have the defect removed at his own cost, and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable obliged to compensate the Buyer for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result all reasonably incurred costs associated with removing the defect within 30 days of Seller’s breach of these warranties. Remedies shall include, at the Buyer’s election and at Seller’s sole risk and expenserequest to do so. Under the condition that the repair was professionally done, the prompt repair, replacement or reimbursement scope and length of the purchase price warranty remains unaffected by this provision. 11. The warranty shall not cover defects caused by unprofessional handling, non-compliance with the manufacturers’ rules of operation and maintenance of equipment accepted by the Buyer from the Seller upon handover, or those of which the Seller advised the Buyer in writing. The warranty shall also not apply to defects caused by intentional conduct. 12. Parties exclude application of the nonconforming goods and/or section 1925 (the prompt correction sentence behind semi-colon) of the nonconforming services or reimbursement of the amounts paid for such servicesCivil Code. 13. The Seller shall promptly comply with Xxxxx’s direction provide to repairthe Buyer technical support (consultation of operational, rework or replace maintenance and other issues regarding the goods, furnish any material or parts and installation required to successfully correct Device) free of charge on the nonconformancephone no.: 00000 000 000 000.

Warranty. Seller warrants to Buyer that the Products are free from defects in material and workmanship for a period of 12 months from the date of shipment. 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 has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder performs shall (i) be free from defects in design, materials and workmanship; (ii) conform to workmanship for a period of 90 days after the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller work is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingcompleted. Seller shall pass through receive a reasonable opportunity to review the warranty claim, absent which the Seller is not liable for any applicable manufacturerconsequences resulting from the alleged defect. Seller shall not be responsible for any defect(s) which result from Buyer’s warranty 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 benefit equipment or any part of Buyerthe equipment will resist the action of an erosive or corrosive environment. These warranties Seller’s sole liability and Buyers sole and exclusive remedy shall be in addition to all other warrantiesthe repair or replacement of such equipment by Seller, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of at Seller’s option and cost (transportation, removal and reinstallation are not covered) or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion re-performance of the Services. Notwithstanding The warranty shall not apply if initial operation commences more than 12 months after shipment. No warranty or representation is made as to the foregoinguseful life of the Products or Services. This warranty does not cover springs, Seller’s warranty for Goods rubber components, longitudinal rails and/or wear or Services tear items. The foregoing shall survive such 12 month period constitute the sole remedy of the Buyer and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expenseliability whether in warranty or otherwise. THIS WARRANTY IS EXCLUSIVE AND IS OFFERED IN LIEU OF ALL IMPLIED OR STATUTORY WARRANTIES, the prompt repairINCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceANY OTHER EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION.

Warranty. Seller Supplier warrants to Company that it has good titleMATERIAL furnished will be new, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials material and workmanship; (ii) workmanship and will conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and perform in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of BuyerSpecifications. These warranties shall continue for a period of twelve (12) months from the date of acceptance by Company, but in no event more than 13 months from the date of shipment, with respect to hardware products and three (3) months from the date of acceptance by Company with respect to software products. Supplier also warrants to Company that services will be performed in addition to all other a first class, workmanlike manner. In addition, if MATERIAL furnished contains one or more manufacturer's warranties, expressSupplier hereby assigns such warranties to Company. Supplier warrants that at the time of delivery to Company such MATERIAL shall be free of any security interest or any other lien or any other encumbrance whatsoever. All warranties shall survive inspection, implied acceptance and payment. Defective or statutorynon-conforming MATERIAL will be returned to Supplier for repair or replacement, at no cost to Company, with risk of in-transit loss and damage borne by Supplier and freight paid by Supplier. Payment forUnless otherwise agreed upon by Supplier and Company, inspection ofSupplier shall complete repairs and ship the repaired MATERIAL within ten (10) business days of receipt of defective or non- conforming MATERIAL, or receipt at Company's option, ship replacement MATERIAL within ten (10) business days after verbal notification is given Supplier by Company. Supplier shall bear the risk of Goods in-transit loss and damage and shall prepay and bear that cost of freight for shipments to Company of repaired or Services replaced MATERIAL. If MATERIAL returned to Supplier for repair as provided for in this section is determined to be beyond repair, Supplier shall not constitute a waiver promptly so notify Company and, unless otherwise agreed to in writing by Buyer Supplier and Company, Supplier shall ship replacement MATERIAL without charge within ten (10) business days of any breach of warrantysuch notification. The warranty Replacement MATERIAL shall be warranted as set forth above in this "WARRANTY" section. Any MATERIAL which is repaired, modified, or otherwise 33 33 serviced by Supplier shall be warranted as provided in this "WARRANTY" section for Goods commences on the later remainder of the warranty period (based upon the date Buyer takes physical possession of repair, modification or other service is completed and accepted by Company) or ninety (90) business days after the Goods MATERIAL is returned to a Customer, whichever is later. If Supplier is unable to find any defect or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expensenonconformity, the prompt repairmaterial will be returned to Company at Company's expense. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such servicesSUPPLIER MAKES NO OTHER WARRANTIES REGARDING THE MATERIAL, ANY SOFTWARE INCORPORATED THEREIN OR ANY SERVICES PROVIDED THEREWITH AND HEREBY DISCLAIMS ANY AND ALL SUCH OTHER WARRANTIES, EXPRESS, OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WHICH ARE HEREBY EXCLUDED. Seller shall promptly comply with Xxxxx’s direction to repairSUPPLIER'S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE COMPANY'S PURCHASE PRICE OR REPAIR OF THE MATERIAL. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY THE COMPANY OR FOR ANY SPECIAL, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceCONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF WARRANTY.

Warranty. The Seller warrants is responsible for defects that it the goods have at the time of delivery and is responsible for defects found during the warranty period. The Seller is not liable for defects of the goods caused by the Buyer, third party or force majeure. The quality warranty of the goods is agreed for 12 months. The warranty period does not run for the period during which the Buyer could not use the goods for defects of goods for which the Seller is responsible. If the claim of the goods has good titlebeen settled by the replacement of the goods or part of the goods for the new within the warranty period, free the warranty period for the goods or part of encumbrances, the goods will start again from the date of settlement of the claim. The Buyer is obliged to file a complaint in written form with the Seller without undue delay after the Seller's discovery. The notification (complaint) will be sent to the Goods delivered hereunderaddress of the Seller, at the same time as the e-mail address specified in paragraph 5 of Article IX. Seller further warrants that all Goods delivered hereunder of the Contract, and in the event of an accident preventing proper use, will attempt to contact the contact person on the telephone number provided in the Paragraph 9 of this Article of the Contract. In the claim, the defects must be described or stated how they manifest themselves. Furthermore, in the complaint, the buyer shall specify how he / she request to remedy the situation. Xxxxx is entitled to request: a removal of defects by delivery of substitute performance (i) be free from for defects in designmaterials, materials fixtures, etc.), remedying the defect by repair, if the defect is repairable, a reasonable discount on the agreed price The Buyer’s right under the warranty expires if the Buyer fails to notify the defects of the goods without undue delay after discovering them without undue delay after having determined them with professional care during the inspection at the time of the receipt and workmanship; (ii) conform receipt of the goods without undue delay after having been detected at a later stage, at the latest, by the end of the warranty period Complaints may be filed no later than on the last day of the warranty period, while a claim sent by the Buyer on the last day of the warranty period shall be deemed to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasetimely applied. If The Seller is providing Services hereunder, Seller warrants that (i) obliged to notify the Services Buyer in written form within 30 days after receiving the claim whether or not it accepts the claim. Failure to do so shall be provided with all due skill and deemed to be acknowledged by the Buyer. However, it must always take over the removal of defects in accordance with these Terms Article IX. of Purchase and industry recommended standards and practices; and (ii) this Contract. If, in disputable cases, the personnel assigned Buyer claims to carry out be unjustified, i.e. the Services shall possess defect claimed by the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to Buyer is not caused by the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, fault and the warranty period does not apply to the Buyer, etc., the Buyer is obliged to pay to the Seller any costs incurred by the Seller in remedying the defect. The Buyer is obliged to allow the Seller’s employees access to the premises necessary for Services commences on the day of completion removal of the Services and defect. If he fails to do so, the Seller is valid not in delay with the date of entry for 12 months following completion removal of the Services. Notwithstanding defect or with the foregoing, Seller’s warranty deadline for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement removal of the purchase price defect. The Buyer shall draw up a protocol of the nonconforming goods and/or the prompt correction removal of the nonconforming services or reimbursement claimed defect, confirming the removal of the amounts paid defect or stating the reasons for such services. Seller shall promptly comply with Xxxxx’s direction which it refuses to take over the repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller Valero hereby warrants that the Lubricant Base Oils delivered pursuant to this Agreement will meet the specifications set forth on Exhibit A and certifications set forth on Exhibit B. Valero further wxxxxxxx, that it has will convey good titletitle to all Lubricant Base Oils sold hereunder and that such Lubricant Base Oils will be delivered to Mobil free and clear of any lien, free encumbrance or security interest. Valero further warrants, until the fifth anniversary of encumbrancesthe Effective Date, to its knowledge, and, after the Goods fifth anniversary, without such knowledge qualification, that, at the time of delivery, all Lubricant Base Oils produced by Valero and delivered hereunder. Seller further warrants that all Goods delivered hereunder to Mobil shall (i) be free from defects and clear of any infringement or claim of infringement of any third party U.S. patent, trademark, copyright or, to its knowledge, trade secret rights (other than any infringement claims that might be brought as a consequence of Valero's use, in designaccordance with the terms of the Intellectual Property License Agreement, materials and workmanship; of Mobil Proprietary Technology (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 the Intellectual Property License Agreement referred to in the Asset Sale and Purchase Agreement.)). THE PRECEDING SENTENCE IS VALERO'S SOLE AND EXCLUSIVE WARRANTY FOR ANY INFRINGEMENT OR CLAIM OF INFRINGEMENT OF ANY THIRD PARTY U.S. PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET RIGHTS. In the event that Valero reasonably believes that any Lubricant Base Oils meeting the specifications set forth on Exhibits A infringe, at the time of these Terms delivery, on the rights of Purchase. If Seller is providing Services hereunderany third party U.S. patent, Seller warrants that (i) the Services trademark, copyright or trade secret rights, Valero shall be provided with all due skill notify Mobil and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services Mobil shall not constitute a waiver by Buyer be obligated to take delivery of any breach of warrantysuch Lubricant Base Oils. The warranty for Goods commences Parties shall meet to determine any appropriate actions while minimizing both the economic and legal ramifications to both Parties, provided however, Valero shall not be obligated to produce such Lubricant Base Oils that infringes, at the time of delivery, on the later rights of any third party U.S. patent, trademark, copyright or trade secret rights. In the event that the Parties modify the specifications so that there is no claim of infringement, at the time of delivery, on the rights of any third party U.S. patent, trademark, copyright or trade secret rights, the Lubricant Base Oils produced to meet the modified specification will not be deemed to be Off-Spec Product for purposes of this Agreement (unless the Lubricant Base Oils does not meet the modified specification) nor will delivery of the date Buyer takes physical possession Lubricant Base Oils meeting the modified specification be treated as an Under-Delivery of the Goods or Lubricant Base Oils meeting the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceoriginal specification.

Warranty. Seller warrants that it has good title, free Except for uncompleted items of encumbrances, to Tenant Improvements specified in the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined punchlist described in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period5.3 above, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation Tenant shall be deemed to have accepted all elements of Tenant Improvements on the part date of Seller exists.. Seller Substantial Completion. In the case of a dispute concerning the completion of items of Tenant Improvements specified in the punchlist, such items shall be liable for deemed completed and save Buyer harmless from any loss, damage or expense that Buyer may incur as accepted by Tenant upon the delivery to Tenant of a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement certificate of the purchase price Architect on behalf of the nonconforming goods and/or Contractor that such items have been completed unless the prompt correction certification reasonably is disputed by Tenant by a notice to Landlord given within ten (10) business days of Landlord’s delivery of the nonconforming services certification to Tenant. In the case of latent defects in Tenant Improvements appearing after the Rent Commencement Date, Tenant shall be deemed to have waived any claim for correction or reimbursement cure thereof on the date that is eleven (11) months following the date of Substantial Completion of the amounts paid for applicable work if Tenant has not then given notice of such servicesdefect to Landlord. Seller For the purposes of this Lease, “latent defects” shall promptly comply with Xxxxxmean defects in the construction of the Landlord Work that are not readily observable by visible inspection at the time the punchlist is prepared or cannot be ascertained by reason of seasonality. Landlord shall cause Landlord’s direction contractor so to repairremedy, rework repair or replace any such latent defects identified by Tenant within the goodsforegoing time periods, furnish together with any material damage caused to the Landlord Work on account of such defects, such action to occur as soon as practicable during normal working hours and so as to avoid any unreasonable interruption of Tenant’s use of the Permanent Premises. If timely and adequate notice has been given and if Landlord has other guarantees, contract rights, or parts and installation required other claims against contractors, materialmen, architects, suppliers or manufacturers with respect to successfully correct the nonconformanceTenant Improvements or any portion thereof, Landlord shall also exercise commercially reasonable efforts to enforce such guarantees or contract rights for Tenant’s benefit upon its request. The foregoing shall constitute Landlord’s entire obligation with respect to all latent defects in the Tenant Improvements.

Warranty. Seller warrants may offer or publish certain written warranties that it has good title, free may contain certain exclusions. Those written warranties together with any exclusions thereunder are independent from all other obligations of encumbrances, Seller under this Agreement and shall not limit Seller’s obligations to Buyer whatsoever. Notwithstanding anything in this Agreement to the Goods delivered hereundercontrary, Seller warrants, represents and guarantees the following: a. All materials and products conform and comply with all applicable laws, including but not limited to, the Lacey Act; Consumer Product Safety Act; Xxxxxxxx-Xxxx Warranty Act; Federal Trade Commission Improvement Act; Fair Packaging and Labeling Act; Federal Hazardous Substances Act; all Federal Trade Commission Rules and Regulations and the standards of Underwriters Laboratories, Inc. (including all language requirements) or other such testing laboratory approved by Buyer. b. All materials and products supplied pursuant to this Agreement do not infringe upon any actual or alleged patent, design, trade name, trade dress, trademark, copyright, trade secret or any right or entitlement of a third party. c. All prices and other terms and conditions of sale, including without limitation, the terms on which all promotional and advertising materials are furnished by Seller to Buyer and all weights, measures, legends, guarantees, warranties, labels, packaging, instructions and warnings furnished in connection therewith comply with all applicable laws. d. Seller agrees to provide to Buyer Safety Data Sheets (“SDS”) for each product or SKU that has chemical ingredients. This SDS shall be in the format and contain the content required by The Hazard Communication Standard, 29 CFR 1910.1200(g), as revised from time to time, and shall provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200. Safety Data Sheets shall be provided to Buyer prior to the first shipment of applicable materials and products. Seller’s SDS shall be updated periodically as Seller’s products are changed from time to time and communicated to Buyer concurrent with such changes. Seller further warrants that all Goods delivered hereunder shall will provide Buyer with any instructions or warnings for said products or goods as required by applicable law. e. All employees, agents or representatives of Seller performing services for Buyer are in compliance with the Immigration Reform and Control Act of 1986 (i“IRCA”) be free from defects in design, materials and workmanship; (ii) conform to Seller will comply fully with the required specifications record keeping and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined IRCA. f. Seller conducts its business in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided compliance with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancelaws.

Warranty. Seller (a) Supplier warrants that it shall have title to all of the goods furnished hereunder and the rights to sell such goods. Supplier warrants and represents that it has good title, free developed or obtained all of encumbrances, the rights and licenses necessary for such goods and/or services to conform to the Goods delivered hereunderPurchase Order and any related agreements as well as cover any reasonably anticipated use by Owner. Seller further Supplier warrants and represents that it has acquired such licenses, if any, and that such licenses allow for the use of the goods and/or services by Owner. Supplier warrants that all Goods delivered Work furnished hereunder shall (i) be performed, produced, and furnished in compliance with all applicable federal, state, and local laws, orders, and regulations. Unless otherwise specified herein, Supplier shall obtain all permits necessary for performance under the Purchase Order. Supplier expressly warrants that all Work performed, produced, and furnished or delivered under the Purchase Order shall be provided in accordance with the requirements of the Purchase Order and performed in accordance with standards of care, skill and diligence consistent with recognized and sound industry practices and procedures, will be new and will be free from defects in design, materials material and workmanship; workmanship and if installed by Supplier, be properly installed and activated, for a period of eighteen (ii18) conform months after acceptance of the Work or designated portion thereof. Supplier warrants and represents that there is no pending, or to Supplier’s knowledge threatened, litigation, except as provided to Owner in writing, involving or relating to the required specifications goods and/or services offered by Supplier relating to this or any related agreements. Supplier agrees to notify Owner within fourteen (14) days of becoming aware of any such pending or threatened litigation during the term and for a period of two (2) years following the expiration or termination of the Purchase Order. Owner shall have the benefit of all warranties implied at law and express warranties made by Supplier. Supplier agrees to promptly replace or correct defects of any Work not conforming to the foregoing warranty, without expense to Owner, including, without limitation, transportation, shipping, and any incidental expenses. If Supplier fails to promptly repair or replace any of the foregoing, Owner, in addition to any other requirements of these Terms of Purchaserights it may have at law or in equity, (iii) be fit may make such corrections or replace such Work, goods or services and sufficient charge Supplier for the purpose intended; and cost incurred by Owner in doing so. (ivb) be free from “Counterfeit Work” as defined Neither payment nor any other provision of this Agreement, nor partial or entire use of the Work by Owner shall relieve Supplier of its liability with respect to the warranties contained in Section 33 of these Terms of Purchase. this Agreement. (c) If Seller Owner prefers to accept Work that is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and not in accordance with these Terms the requirements of Purchase this Agreement, Owner may do so instead of requiring its removal and industry recommended standards correction, in which case the Agreement price will be reduced as appropriate and practices; equitable. Such adjustment shall be affected whether or not final payment has been made. (d) Supplier represents and (iiwarrants that it does not manufacture or subcontract for the manufacture of any products for which conflict minerals are necessary to the functionality or production of that product. For purposes of this Article 12(d) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warrantiesterm “conflict minerals” means minerals such as cassiterite, expresscolumbite-tantalite, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodgold, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoingwolframite, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration derivatives of these Terms minerals (including tin, tantalum and tungsten) and other minerals that the US Secretary of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.State

Warranty. Seller warrants 11.1 Subject to that it has good titleset out in sub-clauses 11.2 and 11.4, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services no claim shall be provided with all due skill and recognised unless received by Hawker in accordance with these Terms of Purchase and industry recommended standards and practices; and writing, within fourteen (ii14) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later days of the date Buyer takes physical possession of delivery of the Goods or the Goods have been installed Asset worked on by Seller and is valid for the longer of 12 months Hawker or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion performance of the Services. Notwithstanding Such claim notification shall be accompanied by the foregoing, Sellerevidence that proves Hawker’s warranty for faulty workmanship or deficient services. The Customer shall at all times follow Hawker’s instructions and procedures in respect of the disposition and return of Goods or Services Asset the subject of any claim hereunder Hawker’s liability is limited to either (at Hawker’s sole discretion) replace or remedy the workmanship. 11.2 The conditions applicable to the warranty given by Clause 11.1 are: (a) the warranty shall survive such 12 month period and not cover any termination defect or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud damage which may be caused or misrepresentation partly caused by or arise through: (i) failure on the part of Seller exists.. Seller the Customer to properly maintain the Goods and/or Asset; or (ii) failure on the part of the Customer to follow any instruction or guideline provided by Hawker; or (iii) any use of the Goods and/or Asset otherwise than for any application specified on the corresponding quote or order form; or (iv) the continued use of the Goods and/or Asset after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or (v) fair wear and tear, any accident or act of God. (b) the warranty shall cease and Hawker shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship subject of the claim is repaired, altered or overhauled without Hawker’s prior written consent. (c) in respect of all claims Hawker shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim. 11.3 For Goods not manufactured by Hawker, the warranty shall be liable the current warranty provided by the manufacturer of the Goods. Hawker shall not be bound by nor be responsible for and save Buyer harmless from any lossterm, damage condition, representation or expense warranty other than that Buyer may incur as a result which is given by the manufacturer of Seller’s breach the Goods. 11.4 In the case of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expenserefurbished Goods, the prompt repairCustomer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Hawker as to the quality or suitability for any purpose and any implied warranty, replacement statutory or reimbursement of otherwise, is expressly excluded. Hawker shall not be responsible for any loss or damage to the purchase price of Goods, or caused by the nonconforming goods and/or the prompt correction of the nonconforming services Goods, or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancepart thereof however arising.

Warranty. Seller Landlord expressly warrants to Tenant, which warranty shall run for the twelve (12)-month period from and after the date of Substantial Completion, that it has the Initial Improvements will be constructed in a good titleand workmanlike manner, substantially in accordance with all applicable laws, rules, codes, ordinances and regulations and the Final Plans, that all materials incorporated therein will be of good quality and new unless otherwise required or permitted by the Final Plans, and will be free of encumbrancesmaterial defects (“Landlord’s Warranty”). The Landlord’s Warranty includes labor and materials. If within twelve (12) months after the date of Substantial Completion of the initial Improvements any of the construction performed by Landlord is found to be not in accordance with the standards in the Construction Addendum, Landlord shall correct such defects, and any other damaged materials or finishes that are part of the Initial Improvements, promptly after receipt of written notice from Tenant. Tenant shall give notice promptly after discovery of the condition. Landlord’s Warranty as set forth above is expressly intended to survive Substantial Completion and completion of the construction of the Initial Improvements, acceptance and/or occupancy of the Premises by Tenant, and the payment of Monthly Rent or other amounts payable under this Lease by Tenant, for the full twelve (12)-month period herein set forth. Landlord shall assign to Tenant or make Tenant a co-beneficiary of all warranties (including without limitation statutory and implied warranties, rights and remedies) that are assignable and applicable to those portions of the Initial Improvements (including equipment and systems) that Tenant is obligated to maintain or repair under this Lease; and, to the Goods delivered hereunder. Seller further warrants extent such warranties are not assignable or otherwise enforceable by Tenant, Landlord shall use reasonable efforts to enforce such warranties on behalf of Tenant, if and as applicable; provided, however, that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services such assignment shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods impair or the Goods have been installed by Seller and is valid for the longer of 12 months affect Landlord’s Warranty or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceother obligations hereunder.

Warranty. a) Seller expressly warrants that the goods or services ordered shall be merchantable; shall conform to this order, to specifications, drawings, and other descriptions referenced in this order, and to any accepted samples; shall be free from defects in materials and workmanship; shall be free from defects in design unless the design was supplied by Buyer; and shall be fit and safe for the intended purposes. Seller warrants that it has good title, clear title to the goods and that the goods and services shall be delivered free of liens or encumbrances. b) Seller warrants that the goods or services shall comply with all applicable laws and regulations or other legal requirements concerning the manufacture packaging, packing and delivery of the goods and the performance of the services.. c) All these warranties and other warranties as may be prescribed by law shall extend to Buyer, its successors, assigns, and customers and to users of the goods or services and shall run through any expiration date stated on the goods, or, if no expiration date is stated, then for a period of one (1) year after delivery. Claims under these warranties must be made within the applicable period prescribed by statute. d) If any of the goods or services are found to be defective in material or workmanship, non-conforming to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder warranties made herein or not in conformity with the requirements of this agreement, then the Buyer shall be entitled: (i) be free from defects to require the Seller to supply replacement goods or re-perform the services in designaccordance with this agreement within 14 days, materials and workmanship; or (ii) conform at the Buyer's sole option and whether or not the Buyer has previously required the Seller to supply any replacement goods or re-perform the required specifications services, to reject and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned return such goods at Seller's expense or to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods treat this agreement or the Goods have been installed purchase order as terminated by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach and require the repayment of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement any part of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services which has been paid. The remedies outlines herein are not exclusive and shall not prejudice any other rights and remedies Buyer may have at law or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancein equity against Seller.

Warranty. Seller warrants that it has good title8.1 Notwithstanding Purchaser’s inspection and acceptance of Work delivered, free of encumbrances, to the Goods delivered hereunder. Seller further Vendor expressly guarantees and warrants that all Goods delivered Work furnished hereunder shall (i) be is merchantable, free from any defects (including latent defects) in design, materials and workmanship; (ii) conform , and fully conforms to the required plans and specifications of this Order and the requirements of the Prime Contract applicable to the Work, including any drawings or samples approved by the Purchaser, and that the Work is suitable for the use intended, and conforms to recognized commercial standards of quality and function (“Guarantee of the Work”). Purchaser’s approval of Vendor’s drawings or samples shall not release Vendor from the aforesaid guarantee and warranty obligations. The Vendor’s guarantee and warranty shall extend for one year from the date of substantial completion of the project, or such period as shall be set forth in the Prime Contract, whichever period shall be longer. Upon receiving written notification from the Purchaser that Work ordered hereunder is defective under Vendor’s guarantee and warranty, Vendor shall replace such Work or correct the defect therein at no cost to the Purchaser, in the discretion of the Purchaser. Vendor shall indemnify and hold harmless Purchaser and Owner from any and all other requirements costs, damages, claims, personal injuries, and property damage arising from a failure of these Terms the Work to comply with Vendor’s guarantee and warranty. Purchaser may at its option hold such Work at Vendor’s expense for Vendor’s disposition or shall return the defective Work, in which event all cost and expense of Purchase, (iii) be fit handling and sufficient freight charges incurred for the purpose intended; and (iv) return of defective Work will be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasepaid by Vendor. If Seller defects, including latent defects, are discovered in the Work, whether during or after the warranty period referenced above, the Vendor will correct the defect or provide replacement equipment and materials promptly upon notification or instruction by Purchaser. Vendor will be responsible for all costs associated with any repairs or replacements under this section and will indemnify and save harmless the Purchaser and Owner from any resulting costs, losses, or damages. Other work removed or damaged as a result of or related to a breach of the guarantee or warranty herein shall also be repaired or replaced by the Vendor without additional payment by the Purchaser. 8.2 The Vendor represents that it has taken all reasonable steps to inform itself about the Work, which may include visiting the project site and reviewing all relevant drawings and specifications. Vendor represents that nothing that is providing Services hereunder, Seller warrants that (i) reasonably foreseeable will prevent its performance of the Services shall be provided with all due skill Work. 8.3 Purchaser’s rights and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties remedies under this section shall be in addition to all any other warrantiesrights and remedies that Purchaser may have under this Order or under applicable law. 8.4 These warranties shall survive inspection, expressacceptance, implied or statutory. Payment for, inspection of, or receipt and payment of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantyand for said Work. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services provisions set forth in this Clause 8 shall survive such 12 month period and any termination the termination, cancellation or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancethis Order.

Warranty. The Seller warrants for the warranty periods mentioned below that it has good titlethe Products free from physical defects in material or workmanship at the time of delivery. The warranty period commences from the date of delivery in accordance with the agreed delivery term, free unless otherwise agreed in writing. Warranty Period Products 5 years ARA, PICA, PRO, PRO Wave, PRO Flow, PRO Via, PRO RR, Silence, Saloa, BUBO floodlights, 2 years PRO 1, BUBO Nest, BUBO Cave, all Accessories and spare parts NB: If the Buyer orders a refurbished Product warranty period is 2 years regardless of encumbrances, the Product model. The Seller offers no warranties nor assumes any liability for defects in respect of the Products manufactured by other party than the Seller other than as offered by the manufacturers of such Products. Manufacturers’ warranty terms are separately provided to the Goods delivered hereunderBuyer. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to The warranty is valid only if the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided Product has been used with all due skill care and in accordance with these Terms the instructions for use and for the originally intended purpose of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantyuse under proper conditions. The warranty for Goods commences on defined herein shall not extend to any defects which are attributable to: a) improper installation, non-compliance with the later installation instructions, faulty use, neglecting the required service or maintenance or other omissions by the Buyer; b) an unexpected and unforeseen cause or event, such as vandalism, accident, natural forces or acts of animals; c) power supply conditions, such as overvoltage, power surges, inapplicable guidance systems, other devices causing disturbances; or d) normal wear and tear. The Seller disclaims the date liability in case a party not authorized by the Seller maintains, repairs or in some other way modifies the Product or its features. The Buyer takes physical possession or end customer shall immediately notify the Seller of a defect recovered in a Product during the Goods or warranty period and deliver the Goods have been installed by Seller and defective Product to Seller’ authorized service depot at its own expense. After the warranty service, the product warranty continues as per the original terms defined at the time of purchase. If the defective Product is valid eligible for the longer of 12 months or warranty service, the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall at its discretion either: a) repair the defect within a reasonable period of time and deliver the repaired Product to the Buyer; b) replace the defective Product with equivalent product; or c) refund the price originally paid for the defective Product. The Seller shall not be liable for the cost of exchanging the defective Product with a repaired or replacement Product nor the costs of transportation. If the defective Product is not eligible for the warranty service in accordance with the aforementioned or if the defective Product is not returned to the Seller for inspection within three (3) weeks from the notice of defect or the delivery of a replacement Product to the Buyer, the Seller has the right to charge all costs and save Buyer harmless expenses it has incurred in relation to detection and repairing of a defect, including the price of already delivered replacement Products. Except as expressly set out in these Terms or Contract, the Seller expressly disclaims and excludes all representations, conditions, warranties or guarantees, express or implied, statutory or otherwise, oral or written, with respect to these Terms, the Contract and the Products, including, without limitation, any implied warranty of merchantability, of non- infringement, fitness for a particular purpose, conformity to models or samples of products or materials, all other obligations and liabilities of the Seller with respect to any defect or deficiency applicable to, or resulting directly or indirectly from, the Products or any implied warranty arising from any losscourse of performance, damage dealing or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceusage.

Warranty. Seller 9.1 Unless specified otherwise in the Warranty Terms for a Product, Hiab warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder Product(s) shall (i) be free from defects in design, materials and workmanship; workmanship during a period of twelve (12) months from the date of Delivery (the “Warranty Period”). For Products categorized by Hiab as “accessories”, the Warranty Period shall be twenty-four (24) months from the date of Delivery. Unless specifically agreed otherwise in writing, Hiab makes NO WARRANTIES with respect to used or second hand Product(s) or to any non-Hiab branded parts or products (“Third Party Parts”). Hiab’s sole obligation with respect to Third Party Parts shall be to transfer to the Customer the manufacturer’s warranty for such parts, to the extent transferable. 9.2 Under the above warranty, Hiab agrees to, at its option and as Customer’s sole and exclusive remedy, either repair or replace a defective Product(s) (or part thereof), or credit or refund the price of such Product(s) at the pro rata Contract Price rate. Any defective Product(s) or parts that are replaced shall become the property of Hiab. The Customer shall bear the risk and cost of transportation of the returned Product to Hiab. Any and all costs (including labour time) arising out of or in connection with the installation of any repaired or replacement Products or dismantling or uninstalling any defective Products are expressly excluded under the warranty. The above warranty does not cover any costs and expenses for freight, labor or travel time involved in fulfilling the above warranty obligations by Hiab. 9.3 The Customer shall without undue delay and at latest within fourteen (14) days from the discovery of a defect, notify Hiab in writing of any defect appearing under the above warranty. If the Customer fails to give notice of such defect within the warranty period, the Customer shall lose its rights in respect of the defect. 9.4 A warranty claim must include the (i) original order number, (ii) conform to the required specifications and all other requirements of these Terms of Purchaseoriginal purchase invoice, (iii) be fit and sufficient for the purpose intended; and replacement purchase invoice, as well as (iv) be free the Product and machine serial numbers and hour readings (when applicable). 9.5 Seller’s liability shall apply only to defects that appear under the conditions of normal operation and in proper use. In particular, the warranty does not cover defects arising from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and Customer’s faulty or improper maintenance, installation, handling, service, storing or inspection, (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable non-compliance with manufacturer’s warranty or operator’s manual, operating or maintenance instructions or other instructions relating to the benefit of Buyer. These warranties shall be in addition Product(s) or the equipment to all other warranties, express, implied or statutory. Payment for, inspection ofwhich the Product is installed, or receipt of Goods (iii) from repairs, alterations or Services shall adjustments carried out by the Customer. Furthermore, the warranty does not constitute a waiver by Buyer of any breach of warrantycover defects arising from an accident, theft, vandalism, misuse or negligence, nor does it cover normal deterioration or wear and tear. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller Further exclusions and is valid requirements for the longer of 12 months or warranty coverage may be included and specified in the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, Warranty Terms. 9.6 If defects in Product(s) may cause damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expensedanger, the prompt repairCustomer shall take all immediate measures, replacement which are necessary to prevent or reimbursement reduce such damage or danger. 9.7 In case the Customer is a dealer or distributor of Hiab, further rules and requirements for warranty processing are included in the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repairWarranty Handbook. 9.8 EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION 9, rework or replace the goodsHIAB MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCTS, furnish any material or parts and installation required to successfully correct the nonconformanceINCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Warranty. Seller (a) Manufacturer warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered Product sold hereunder shall (i) will be free from defects in designmaterial (as it relates to Purchaser’s approved vendor list) and workmanship according to IPC 610 Workmanship Standards and other appropriate quality standards for a period of one (1) year from the date of shipment, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that provided that: (i) the Services shall be provided with all due skill and Manufacturer is notified in accordance with these Terms writing by Purchaser within thirty (30) days after Purchaser’s discovery of Purchase and industry recommended standards and practices; and any Product failure, or (ii) the personnel assigned defective Product is returned to carry out Manufacturer no later than ten (10) days following the Services last day of the warranty period. Manufacturer shall possess include serial numbers and/or date stamps, as designated by Purchaser, on each Product to facilitate warranty tracking. Purchaser shall forward defective Products to Manufacturer freight prepaid, and Manufacturer will use its best efforts to return the necessary experience repaired or replaced Products freight prepaid by Manufacturer to Purchaser no later than thirty (30) days from the date Manufacturer received the defective Product. The foregoing warranty shall not be valid if the Product or component parts have been subjected to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation. (b) Subject to Exhibit B, the foregoing warranty provisions set forth Manufacturer’s sole liability and trainingthe Purchaser’s exclusive remedies for claims (except as to title) based on defects in, or failure of, any Product sold hereunder when the claim is based on breach of warranty. Seller Upon the expiration of the applicable warranty for any Product sold hereunder, all such liability shall pass through terminate. (c) The above warranty periods shall not be extended by the repair or replacement of Products pursuant to any applicable manufacturer’s warranty to of the benefit of Buyerabove warranties. These The above warranties shall be apply to Purchaser, its successors, assigns and those who purchase or use Products. Purchaser shall deal directly with Manufacturer for returns and repairs. (d) Except as hereinabove provided, the foregoing warranties are exclusive and in addition to lieu of all other warranties, expressexpress or implied, implied or statutory. Payment for, inspection of, including the implied warranty of merchantability or receipt of Goods or Services shall not constitute fitness for a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceparticular purpose.

Warranty. Seller warrants In addition to other warranties that it has good titlemay be agreed upon between the parties, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller Supplier warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and goods delivered will conform to the agreed specifications, (ii) the personnel assigned to carry out the Services shall possess the necessary experience Supplier has good and training. Seller shall pass through any applicable manufacturer’s warranty marketable title to the benefit goods delivered, and (iii) the goods delivered are free from all claims of Buyerpatent or other intellectual property infringement. These warranties • If defective goods are delivered, Supplier shall first be given the opportunity to sort out as well as rework, repair or replace defective goods unless time constraints placed on Company are prohibitive of rework, repair or replacement. If Supplier is unable to rework, repair or replace defective goods within time limits set by Company, then Company shall be entitled to cancel the purchase order and return the goods at Supplier’s risk and cost. In urgent cases Company may, after consultation with Supplier, accomplish the rework or repair or have it done by a third party, with any costs resulting therefrom being borne by Supplier. • In the event that the same goods are repeatedly supplied in a defective condition, Company shall be entitled to terminate the contract. • In the event that a latent defect is discovered only after the start of production and Company has complied with Article IV, then Company, in addition to the rights stated in the second paragraph of this Article X, shall also be entitled to claim damages for any additional costs incurred. • At Supplier’s request, the parts to be replaced shall be made available immediately to Supplier at Supplier’s cost. • Unless otherwise agreed in writing, the warranty period for all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services goods delivered shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of be 24 months after the date Buyer takes physical possession of the Goods delivery to Company. • A warranty claim will not arise if a defect is attributable to Company’s failure to observe operation, service or the Goods have been installed by Seller and is valid for the longer installation instructions, Company’s inappropriate or unsuitable use of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish Company’s incorrect or careless treatment of the goods, normal wear and tear, or any material changes or parts alterations to the goods made by Company which were not reasonably foreseeable by Supplier. • Any further warranties as to quality shall be designated expressly and installation required to successfully correct the nonconformanceindividually in writing.

Warranty. Seller 6.1 The Supplier warrants that the Goods will, at the time of delivery, conform to the Specifications and to such of the Buyer's quality standards and technical specifications as may be agreed in writing from time to time between the Parties. 6.2 The warranty period for the Goods shall be 36 months from the date the Goods were duly handed over to the Buyer or third party. The warranty period for services shall be 14 days trouble free operation after installation - from the date the protocol of finishing services was duly handed over to the Buyer (hereinafter referred to as the “Warranty Period”). 6.3 The Supplier is liable for warranty defects (both factual and legal including any rights of third person and particularly relating to intellectual property) of the Goods under the terms of the applicable law, unless the nature of the issue clearly indicates otherwise or unless stipulated otherwise by agreement of the Parties. The Supplier warrants that the Goods will be in full conformity with the requirements of this Contract for Supplies. As the Specifications have been prepared by the Buyer, no implied warranty of fitness for purpose shall apply. 6.4 The Parties further agree that the Buyer will be entitled to an extension of the warranty period under the following rules, provided that the rule that is more advantageous to the Buyer shall always apply: 6.4.1 The warranty period for replaced Goods shall be extended as if it has good titlewas starting from the beginning, free with the same warranty as determined for the original Goods; 6.4.2 The warranty period applicable to repaired Goods shall be extended by the time taken for the repair of encumbrances, the Goods; and 6.4.3 The warranty period applicable to the Goods delivered hereunder. Seller further warrants (or any part of them) shall be extended by the time during which the Goods (or any part of them) cannot be used for their intended purposes due to the warranty defect for which the Supplier is responsible provided that all Goods delivered hereunder such time in aggregate exceeded one week. 6.5 The Supplier will be released from its liability for warranty defects only if the Supplier proves that the warranty defect was caused by incorrect information provided by the Buyer. 6.6 Unless the Supplier is released from this liability, the Supplier is obliged to remove or repair, at Supplier’s option, the detected warranty defect at the Supplier's costs. 6.7 The costs borne by the Supplier pursuant to Article 6.6 hereof shall include the following costs : (i) be free from defects in design, materials Seeking and workmanship; finding the defective item of the Goods; (ii) conform to Excavation and removal of the required specifications and all other requirements defective item of these Terms of Purchase, the Goods; (iii) be fit and sufficient for Installation of the purpose intended; and replacement or repaired item of the Goods; (iv) be free from “Counterfeit Work” Testing of the replacement or repaired item of the Goods; and (v) All transportation related to the replacement or repair procedure. 6.8 The Supplier undertakes to commence works on the removal of warranty defects without undue delay and in no case later than 10 (ten) working days after the defects were notified to it. The Supplier undertakes to remedy, upon a best effort basis, the claimed warranty defect as defined soon as possible and in Section 33 any case within a 6.9 If the Supplier breaches its obligation to remove any defect of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and Goods within the time determined in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) Article 6.8 above, the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty Supplier will pay to the benefit Buyer the contractual penalty in the amount set out in this Contract for Supplies. 6.10 The Parties agree that in some cases it may be more practical, convenient, or operationally efficient (including in the event of an emergency) for the Buyer to repair or correct warranty defects than for the Supplier to repair or correct such warranty defects. The Buyer may therefore elect to repair or correct such warranty defects and the Supplier shall reimburse the Buyer for the reasonable costs incurred by the Buyer in connection with repair of such warranty defects immediately after demand from the Buyer. These warranties The amount of such reimbursement shall be determined on the basis of the calculation of cost agreed during the Acceptance and Repair Procedure meeting under the Contract for Supplies. The limitation of costs set out in addition Article 6.7 shall apply accordingly. The Supplier agrees and acknowledges that the Buyer is qualified to all other warranties, express, implied perform such repair or statutorycorrection. Payment for, inspection of, The Supplier may supervise and/or inspect the repair or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warrantycorrection in process. The warranty for Goods commences on the later obligations of the date Buyer takes physical possession Supplier shall remain in full force and effect for the remainder of the Goods Warranty Period, notwithstanding that the repair or correction was performed by the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller PSI warrants that it has materials and equipment furnished by PSI will be of good titlequality and new; that the Work will be free from defects, free of encumbrances, and to the Goods delivered hereunderextent consistent with the standard of reasonable care and skill ordinarily used and exercised by contractors such as PSI in performing work for projects of the same type, kind, nature, complexity and size as the Project covered by this Contract, and as otherwise not inherent in the quality required or permitted; and that the Work will conform to the requirements of this Contract. Seller further PSI warrants that all Goods delivered hereunder the Work shall (i) be free from defects in designmaterial and workmanship arising from normal usage for a period of one year from the Substantial Completion Date (“Warranty Period”). THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, materials INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. During the Warranty Period, upon fourteen days (14) written notice from the Owner, PSI shall, at its option, repair or replace the defective Work. PSI’s warranty obligations shall lapse after the running of the Warranty Period. These warranties do not extend to any Work that has been repaired by others, abused, altered, misused, or that has not been properly and workmanship; (ii) conform reasonably maintained. PSI shall not be responsible for damage to its work caused by others. Any repair work necessitated by such damage caused by others will be considered as an order for extra work. PSI will not be responsible for special, incidental, or consequential damages. Nothing in the required specifications warranties provided herein are intended to limit any manufacturer’s warranty which provides Owner with greater warranty rights than set forth in this Section. Upon expiration of the Warranty Period, PSI will assign the rights to any manufacturer’s warranty and all other requirements rights against manufacturers of these Terms materials and equipment and Owner accepts such assignment for all materials and equipment incorporated into the Work. The Owner agrees that after expiration of Purchasethe Warranty Period, (iii) be fit its sole remedy for defects in or failure of manufacturers’ warranted materials or equipment is directly against such manufacturers whose warranties have been assigned to Owner by PSI and sufficient Owner waives all rights against PSI for any defects or failures of such manufacturers’ warranted materials or equipment following the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 expiration of these Terms the Warranty Period. In the event of Purchasesuch Owner warranty claim, PSI shall cooperate with Owner to the extent reasonable to facilitate such warranty claim. If Seller is providing Services hereunder, Seller warrants that (i) PSI will provide the Services shall be provided Owner with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These manufacturers’ warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later upon expiration of the date Buyer takes physical possession of Warranty Period. However, PSI's failure to do so does not waive or modify this provision. Nothing in this Section 8 is in any way intended to limit Owner’s other rights and remedies, under law or in equity, in the Goods or event Contractor does not fulfill its obligations under this Contract, including without limitation, those under the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceGuarantee.

Warranty. Seller warrants that it has good titleNotwithstanding anything in the specifications, free drawings or other documents which are part of encumbrances, this Order to the contrary, Seller expressly warrants the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) supplied to be new, merchantable, fit for the purposes for which intended, and to be free from defects all defects. Seller shall perform the services in design, materials a good and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and workmanlike manner in accordance with these Terms the highest industry standards in effect at the time of Purchase this Order. In the event any of the Goods or services are not as warranted herein, Buyer shall, after inspection and industry recommended standards at its option, hold such Goods at Seller's expense for Seller's disposition or shall return them to Seller at Seller's expense or reject the services. Any Goods so rejected shall, at Buyer's option, and practices; and (ii) the personnel assigned without limitation on any other remedies available to carry out the Services shall possess the necessary experience and training. Buyer at law or in equity, either be replaced by Seller at no additional cost to Buyer, or Seller shall pass through refund the purchase price applicable thereto and any applicable manufacturer’s warranty services so rejected shall, at Buyer's option, and without limitation on any other remedies available to the benefit of Buyer at law or in equity, either be reperformed by Seller at no additional cost to Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services Seller shall not constitute a waiver refund the purchase price applicable thereto. If any monies due to Buyer are withheld by any purchaser from Buyer because of any breach of warrantythe warranties contained herein, Xxxxxx agrees to indemnify and hold Buyer harmless from all losses, costs, damages, liabilities and expenses (including attorney's fees) resulting from the withholding of such monies, including the reasonable cost of recovery of said sums. The warranty for Goods commences on the later of the date Buyer takes physical possession of If Xxxxx shall be named a defendant in any legal actions or proceedings before any body in any jurisdiction involving the Goods or services, Seller agrees to defend, indemnify and hold Buyer harmless from all costs, damages, liabilities and expenses (including attorneys' fees) in connection with and in any way resulting from the Goods have been installed claimed breach of warranty, and Xxxxx further is hereby granted the right to join Seller, its successors and assigns as a defendant in such actions or proceedings Seller further agrees to hold Buyer harmless from and to indemnify Buyer against any and all losses, costs, damages (including direct/indirect consequential and incidental damages), liabilities and expenses (including attorneys' fees) resulting from the breach by Seller of the terms and is valid for the longer of 12 months conditions hereof or the length any other acts or omissions of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding any provision hereof to the foregoingcontrary, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for any and save Buyer harmless from all damages, costs and expenses attributable to any loss, damage breach by Seller or expense that Buyer may incur as a result of any wrongful or improper action or omission by Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.

Warranty. Seller The following warranty applies to Lydall’s Products only and excludes Lydall’s Services. If full payment for the Products is received, Lydall warrants that it has good titleat the time of shipment and for a period of one (1) year thereafter (unless a different period is specified by Lydall) its Products (not including any parts, materials or equipment not manufactured or supplied by Lydall) shall be substantially free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from material defects in designworkmanship and material under normal use and service and shall substantially conform to contract specifications, materials subject to Lydall's standard tolerances for variations. Buyer agrees to inspect the Products prior to acceptance and workmanship; upon receipt and to give written notice within fifteen (ii15) days to Lydall of any claim that the Products breach any warranty provided herein. Lydall will be afforded a prompt opportunity to inspect the Products. If Buyer shall fail to give such notice or provide such opportunity to inspect, the Products shall be deemed accepted and to conform to the required specifications terms of this Agreement and all other requirements of these Terms of Purchase, (iii) Buyer shall be fit bound to accept and sufficient pay for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and Products in accordance with these Terms the terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out Agreement. Use or processing of the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties Products shall be deemed an unconditional acceptance. Defects in addition part of the Products shipped do not entitle rejection of the entire shipment. Complaints do not affect Buyer’s obligation to all other warranties, express, implied or statutorypay for the Products. Payment for, inspection of, or receipt of Goods or Services Buyer’s failure to provide timely notice shall not constitute a waiver by of its claims. Buyer of expressly waives any rights Buyer may have to revoke or refuse acceptance after such fifteen (15) day period. For a breach of warrantywarranty claim, Lydall may, at its option, repair or replace the nonconforming Products or credit the account for the value of the nonconforming Products. The warranty for Goods commences on aforesaid obligations of Lydall are expressly agreed by the later Parties to be the limit of Lydall's liability and Buyer's sole and exclusive remedy under this Agreement. Should this sole and exclusive remedy fail of its essential purpose, however, Lydall will return Buyer’s purchase price minus the reasonable value of Buyer’s use of the date Buyer takes physical possession Product. Notwithstanding anything herein contained to the contrary, the liability of Lydall for any and all claims for direct damages arising out of or in connection with the Products and the use thereof shall under no circumstances exceed the sum of Buyer’s payments for the Goods that are the subject of the Goods or claim. IN NO EVENT SHALL LYDALL BE LIABLE FOR LOSS OF USE OR LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES, EXCEPT AS REQUIRED BY LAW. ALL OTHER WARRANTIES, DIRECT OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Our warranties extend only to the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodoriginal Buyer, and you cannot be transferred. This warranty is inapplicable to the warranty for Services commences on extent Buyer has selected materials or designed the day of completion of the Services and is valid for 12 months following completion of the ServicesProduct. Notwithstanding the foregoing, Seller’s warranty for Goods or Services In no event shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall Lydall be liable for any defective good if examination discloses that the good has been taxed beyond its normal capacity or the defective condition of such good was caused by willful damage, failure to follow instructions, abnormal working conditions, misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, storage, transportation or handling. Any advice furnished by Lydall as to any use of the Products by Buyer, any samples provided by Lydall, and save any Services provided by Lydall are offered “as is” without warranty of any kind, and shall not affect the limitations on Lydall's warranties or Buyer's agreement to indemnify. Buyer harmless acknowledges that Lydall shall have no liability to Buyer for any harm or loss caused by advice received by Buyer from any loss, damage of Lydall's agents or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceemployees.

Warranty. Seller warrants that it has good title7.1 Except as specified below, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered Deliverables sold hereunder shall (i) be free from defects in design, materials and workmanship; (ii) workmanship and shall conform to El-Watch’s published specifications or other specifications accepted in writing by El-Watch for the required specifications specific warranty period set out in the order confirmation, calculated from the date of shipment of the Deliverables(s). In the event that no warranty period is set out in the order confirmation, the warranty period shall be one (1) year. 7.2 The foregoing warranty does not apply to any Deliverables which have been subject to misuse, neglect, accident, modification, improper installation, or repair, or which have been altered such that they are not capable of being tested under normal test conditions. El-Watch will in its sole discretion make the final determination as to whether the Deliverables(s) are defective. 7.3 As the sole remedy in the event of a defect in a delivered Deliverables, El-Watch will, at its option and upon having received a notification of non-conformity from the Customer within reasonable time after delivery of the Deliverables, or, in the event of visible defects, within seven (7) days after delivery, either use reasonable efforts to remedy the defect(s) to ensure that the Deliverables can be delivered without defects or replace or issue credit for the defective Deliverables at its own discretion. The Customer cannot return Deliverables or initiate repairs or take other remedial action without the prior written consent of El-Watch and any and all other requirements warranty obligations hereunder are voided in the event of these Terms any unauthorized remedial action by the Customer, ref also section 7.2 above. 7.4 Notwithstanding the foregoing, El-Watch does not warrant that the Deliverables will be compatible or suitable for any and all uses. The foregoing warranty and remedies are exclusive and made expressly in lieu of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, expressexpressed, implied or statutory. Payment forotherwise, inspection ofincluding warranties of merchantability and fitness for a particular purpose. 7.5 For professional services, or receipt of Goods or Services shall software licenses and/or subscription-based services, El- Watch responsibilities and corresponding liabilities for service-quality and accessibility for software services etc is exhaustively governed under the Software Service Terms as attached hereto and referenced in the Order Confirmation. 7.6 The obligations set out herein do not constitute a waiver by Buyer of any breach of warranty. The warranty apply for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty periodPrototype Products, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceref section 2.2 above.

Warranty. Seller warrants that it has good titleAll components, free parts, equipment and related goods are sold subject to the implied warranty of encumbrancesthe Consumer Protection Act of 2011, to the extent that the customer is a consumer as defined in the Act. We warrant that the Goods delivered hereundershall be free from material defects at the time of delivery. Seller further warrants All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in the Agreement are excluded to the fullest extent permitted by law. The warranty given by us does not apply to damage or defects arising from Customer’s use, misuse, alteration or repair of the Goods, fair wear and tear, wilful damage, improper storage conditions or accident or negligence by Customer or any third party. It is essential that all Goods delivered hereunder are fitted or installed by a suitably qualified technician. Proof of compliance is Customer’s responsibility prior to any claim under our warranty being considered. Proof of failure of an electrical or electronic item must be accompanied by a certificate from an independent testing facility or a printout from a diagnostic machine to substantiate the claim. Failure to provide this is an inference that the fitment or installation was done without the correct/necessary equipment and shall (i) be free from defects in designvoid any claim. In respect of any Goods which we agree are defective at delivery, materials we shall, at our election and workmanship; (ii) conform as Customer’s sole remedy, repair the Goods or supply replacement Goods or grant to Customer a credit equal to the required specifications and all other requirements Price of these Terms the Goods, in which event we shall be deemed not to be in breach of Purchase, (iii) be fit and sufficient the Agreement or have any liability to Customer for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchasedefective Goods. If Seller is providing Services hereunderIn each case, Seller warrants that (i) Customer shall, upon request, allow us an opportunity to inspect the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services return the Goods (unaltered) to us for inspection as soon as possible and at its own risk and expense and Customer’s failure to do so shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession acceptance of the Goods or and a waiver of all claims by Customer in relation to the Goods. Our obligations hereunder shall not be enforceable until the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformancein full.

Warranty. Seller warrants to its direct purchaser that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) Products will operate or perform substantially in conformance with Seller’s published specifications and be free from defects in design, materials material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer (the “Warranty Period”). If Seller determines, in its reasonable discretion, after an inspection of an allegedly defective Product (if such an inspection is requested by Seller), that a Product is defective, then Seller agrees during the Warranty Period, to repair or replace, at Seller’s option, defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Buyer shall (a) 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 warranty claim; and (b) after Seller’s review, Seller will provide Buyer with service data and/or a 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. No repair or replacement will extend the original warranty period. Consumables are expressly excluded from this warranty. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) conform to the required specifications and all other requirements accident, disaster or event of these Terms of Purchaseforce majeure, (iii) be fit and sufficient for the purpose intended; and abuse, neglect, misuse, fault or negligence of or by Buyer, (iv) be free from “Counterfeit Work” as defined use of the Products in Section 33 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 storage and handling of these Terms the Products, (vii) use of Purchasethe Products in combination with equipment or software not supplied by Seller, (viii) ordinary maintenance, (ix) alterations, repairs or installations that have not been performed by Seller or its authorized representative or (x) failure to maintain Products in accordance with Seller’s written instructions. If Seller is providing Services determines that Products for which Xxxxx has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller warrants for all costs of investigating and responding to such request at Seller’s then prevailing time and materials rates. If Seller provides repair services or replacement parts that (i) the Services are not covered by this warranty, Buyer shall be provided with all due skill pay Seller therefore at Seller’s then prevailing time and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and trainingmaterials rates. Seller shall pass through any applicable manufacturer’s warranty to the benefit of BuyerANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER OR ITS AUTHORIZED REPRESENTATIVE 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. These warranties shall be in addition to all other warrantiesTHE 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 AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, expressSELLER DISCLAIMS ALL OTHER WARRANTIES, implied WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. No dealer or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length distributor of Seller’s Products is authorized to bind Seller to any representation or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur other than as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceset forth above.

Warranty. Seller Aries Building Systems, LLC warrants for a period of one (1) year from the date of invoice to its’ client that each modular building supplied by it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) will be free from defects in designmaterial and workmanship under normal use and service. Mechanical items such as heater, materials air conditioner, hot water heater and workmanship; (ii) conform other components, which are purchased by Aries Building Systems, LLC from equipment manufacturers, carry their own warranty. The warranty does not cover any modular building that has been subject to misuse, neglect or accident. Further, Aries Building Systems, LLC Limited Warranty is contingent to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for following conditions: This warranty shall not apply unless the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and structure has been installed in accordance with these Terms the plans and specifications and Aries Building Systems, LLC Installation Manual. All claims for warranty must be approved by the Aries Building Systems, LLC Service Department prior to the performance of Purchase work and industry recommended standards contain the following information: • Serial Number • Description of the problem • Location of the unit • Point of Contact with Telephone number and practices; and (ii) email address • Anticipated cost of repair if work will not be performed by Aries Building Systems, LLC service personnel • Labor Rates that will apply to the personnel assigned repair work Any work performed prior to carry out the Services shall possess notification or without the necessary experience information may not be reimbursed. All warranty work must have an Aries Building Systems, LLC Authorization Number prior to commencement of the repair. Aries Building Systems, LLC will approve labor rates that take into consideration the normal time to perform the necessary repair and trainingthe location of the work, however Aries Building Systems, LLC is not bound to prevailing wage or premium time labor costs. Seller Aries Building Systems, LLC attempt to use its own personnel to perform warranty repairs whenever possible. The remedy herein provided is Aries Building Systems, LLC’s only obligation. In no event shall pass through any applicable manufacturer’s Aries Building Systems, LLC be liable for incidental or consequential damages, including by way of illustration and not limitation, loss of profits and loss of other property or equipment, unless such damages are for personal injury. The foregoing warranty to the benefit is expressly in lieu of Buyer. These warranties shall be in addition to all other warranties, expresswhether expressed or implied, implied including but not limited to the applied warranty or statutorymerchantability and fitness for a particular purpose. Payment forAries Building Systems will facilitate all service calls for the client. Below are the steps to correcting your problem fast! Complete Service Ticket with the following information: • Brief description of the issue. • Include in the description of the issue, inspection ofwhere is the issue located such as room name, exterior wall, door hinge, etc. • Please note any schedule restrictions under the “Additional Information" section of the form. • Note the site contact name and telephone number that the Aries Building Systems service coordinator can call once on site • Note if there are any special access requirements to gain entrance to the site and/ or receipt of Goods building in the “About Site" section. Forward the completed service ticket to the Aries Building Systems Service Department via e-mail or Services shall not constitute fax: Service Coordinator Aries Building Systems Service Department E-mail Address: xxxxxxx@xxxxxxxxxxxxxx.xxx Fax: 000.000.0000 Telephone No. 000.000.0000 Once the information is received the Service Coordinator will contact the appropriate service contractor(s) and schedule a waiver by Buyer of any breach of warrantydate and time to address the issue. The warranty for Goods commences on Upon finalizing the later schedule with the service contractor(s), the customer's site contact will be notified of the date Buyer takes physical possession and time of the Goods or service call. Once the Goods service issue has been assessed and the necessary repairs have been installed by Seller and is valid for determined, the longer of 12 months or Service Coordinator will advise the length of Seller’s or customer if the manufacturer’s standard warranty period, and the warranty for Services commences on the day of repairs are / are not under warranty. Upon satisfactory completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expenserepair (s), the prompt repair, replacement or reimbursement of customer will be asked to sign and date the purchase price of Service Ticket acknowledging that the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such serviceswork has been satisfactorily performed. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.DATE: CUSTOMER: CUSTOMER CONTACT: POSITION: LOCATION: PHONE: ALT. PHONE: EMAIL: SERIAL # TYPE: LEASE/SALE: WARRANTY: CHARGE: P.O.: BILL TO: PROBLEM REPORTED: DIRECTIONS: WORK ORDER PACKET SENT: EMAIL REQUEST FROM CUSTOMER: FOLLOW UP EMAIL: SERVICE TECH DISPATCHED: MATERIAL ORDERS: OUTSIDE CONTRACTOR: JOB FINISHED: CUSTOMER FOLLOWUP:

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 it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall its Products: (i) be substantially conform to Seller’s published specifications and (ii) are free from defects in designmaterial or workmanship. Specific products may have a warranty period greater than one year. Any Services provided by Seller are warranted to be performed in a good and workmanlike manner. Should a warranted Product or any Services fail to conform to these warranties, materials Xxxxx must notify Seller in writing no later than thirty (30) days after discovery of the alleged failing. Seller will, at its discretion and workmanshipat no charge to the Buyer: (i) repair the Product or Services; (ii) conform to replace the required specifications and all other requirements of these Terms of Purchase, Product or any Services; or (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 offer a full refund of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement portion of the purchase price allocable to the non-conforming Product or Services. Warranty repair or replacement by Seller shall not extend or renew the applicable warranty period. Buyer shall obtain Seller's agreement on the specifications of any tests it plans to conduct to determine whether a non-conformance exists. Buyer shall bear the costs of access for Seller's remedial warranty efforts (including removal and replacement of systems, structures or other parts of Buyer's facility), de-installation, decontamination and re-installation. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED What is Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the terms hereof without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) dynamic vibrations imposed by the drive system in which such Products are installed unless the nature of such vibrations has been defined and accepted in writing by Company as a condition of operation; (ii) improper or unauthorized repair, installation or maintenance of the nonconforming goods and/or Products by a party other than Seller; (iii) use for purposes other than those for which designed, or other abuse, negligence, misuse, or normal wear and tear; (iv) unauthorized attachments, modifications or disassembly; (v) damage during shipping; or (vi) Products purchased from unauthorized distributors, resellers or internet sites. Buyer’s care in selection, adequate testing at time of installation and proper installation, operation and maintenance of all Products is required for adequate performance. Limitations of Liability. NOTWITHSTANDING ANY PROVISION OF THIS CONTRACT OR THE LAW, IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY FOR ANY DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR RELATED TO THIS CONTRACT OR ITS PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA- CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE ACTUALLY PAID TO SELLER. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY OTHER REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL; OR CHANGE OUT COSTS. BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY LOSS, COST, EXPENSE, DAMAGE, OR CAUSE OF ACTION TO OR BY A THIRD PARTY, THE ALLEGED DAMAGES FOR WHICH EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (30) days net from date of invoice, without set-off for any payment from Seller not due under this Contract. Seller reserves the prompt correction right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty (30) days past due. Xxxxx agrees to pay all fees and costs associated with Seller’s collection efforts (including reasonable attorney’s fees) on any unpaid amounts more than sixty (60) days past due. Compliance with Law. Seller’s obligations under this Contract are conditioned upon Buyer’s compliance with all export laws of the nonconforming services or reimbursement United States and other applicable trade control laws and regulations with regard to the exportation of the amounts paid for such servicesProducts and any technical data associated therewith. Seller Buyer shall promptly comply with Xxxxxnot re-export, divert or direct Products other than in and to the ultimate country of destination declared by Buyer and specified as the country of ultimate destination on Seller’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformanceinvoice.