Warranty

in any way arise out of, or by reason of, or are claimed to arise out of, or by reason of, the use or
misuse of the products hereunder, excepting only such injuries, damages, costs, losses,
penalties, demands, claims; actions, causes of action, judgments, assessments, obligations,
liabilities, and expenses which have been demonstrated and proven to be resulting from the
sole gross negligence or willful misconduct of macLEDS. The intent hereof is that the buyer shall
indemnify and hold harmless macLEDS, its directors, officers, employees, agents and its affiliates
and their respective directors, officers, employees, and agents to the maximum extent
permitted by law. Buyer shall pay macLEDS expenses, including, without limitation, reasonable
attorneys' fees, incurred as a result of buyer's default in the performance of any of the buyer’s
obligations hereunder.
8. FORCE MAJEURE
macLEDS shall not be responsible or liable for any delay or failure to deliver any of the products
if such delay or failure results directly or indirectly from any act of God, war, riot, insurrection,
embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, strikes,
lockouts, differences with workmen, delays in transportation, shortage of fuel, labor or
materials, delays of suppliers, capacity shortages, infringement claims that cannot be resolved
or can only be resolved through the payment of royalties or incurrence of other monetary
obligations by macLEDS, governmental restrictions, prohibitions or allocations (including any
statute, ordinance, regulation, or order of any governmental body), or any other cause beyond
the reasonable control of macLEDS. Any such event or circumstance shall release macLEDS
without penalty from performance, in whole or in part, of its obligations hereunder.
9. APPLICABLE LAW
The validity, interpretation, and legal effect of these Terms and Conditions shall be governed
and construed in all respects by the laws of the State of New York, without regard to the conflict
of law’s provisions thereof.
10. GUARANTEE
macLEDS products are guaranteed against mechanical, electrical and physical defects for a time
period of three (3) years from the date of shipment to the customer. macLEDS assumes no
responsibility for the improper selection or installation of its products, or for field modifications
of any kind made to its products. macLEDS obligation under this guarantee and under all other
warranties is limited to the repair or replacement of defective parts or products, at its
discretion, providing such defective parts or products are brought to our attention within the
specified warranty time period, and does not include any other costs such as removal of
defective parts or product, installation, labor or consequential damages of any kind, the
exclusive remedy being to require such new parts or products to be furnished. All other
warranties expressed or implied including warranties of merchantability or warranties of fitness
for any particular
11. TAXES