Warranty

days aer receipt of the defecve goods by Buyer, a period which the pares agree is reasonable for this purpose. All
other claims under the Seller’s warranty must be made within ten (10) days of the discovery of the defect. Buyer must
obtain shipping instrucons and a Return Material Authorizaon (RMA) number from Seller prior to returning the goods
to Seller for repair or replacement. Unless otherwise agreed, returned goods must be shipped freight prepaid or they
will not be accepted by Seller.
8. PAYMENT. Payment terms are generally Net 30 Days from date of invoice or shall be made at the me specied
by Seller. Addionally, unpaid past due balances for goods that have been delivered shall bear interest at the rate of 1.5%
per month unl paid. Buyer will be responsible for all costs of collecon, including and not limited to aorney’s fees.
9. CANCELLATIONS. Buyer may cancel an order prior to receipt only upon prior wrien noce by Buyer to Seller
and upon payment to Seller of reasonable and proper cancellaon charges which will, in accordance with good account-
ing pracces, sasfy all costs incurred by Seller, together with its proporonate prot of such costs.
10. WARRANTY. Seller warrants to the Buyer that its products are free from defects in materials and workmanship
for one year from the date a product is shipped to Buyer (the “Applicable Warranty Period”), unless specied otherwise.
No claims under this warranty will be valid unless Buyer noes Seller in wring within thirty (30) days of its discovery
of the defect, but in any event prior to the expiraon of the Applicable Warranty Period for such product. This warranty
does not cover ordinary maintenance, wear and tear within the normal consumable life of a product, abuse, improper
use, alteraons, repairs and installaons which have not been performed by an authorized Seller’s representave, and
products which have not been maintained or operated in accordance with Seller’s wrien instrucons. THE FOREGOING
WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller
will repair or replace, at its opon, any products (or parts thereof) which are covered by this warranty and which are
found by Seller to be defecve. Seller may provide a substute product of equal or higher value to resolve a warranty
claim. No such repair, substuon or replacement will extend the Applicable Warranty Period. When a warranty claim
arises, Buyer must contact Seller to arrange return shipment to Seller, with freight prepaid by Buyer. The risk of loss or
damage to any products returned to Seller will be with Buyer. THE REMEDY OF REPAIR OR REPLACEMENT PROVIDED
FOR HEREIN IS BUYER’S EXCLUSIVE REMEDY IN THE EVENT OF AN ALLEGED BREACH OF THIS WARRANTY.
11. IN ADDITION, SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR
FOR ANY LOSS, INCLUDING LOSS OF LIFE, DAMAGE, INCLUDING DAMAGE TO PERSONAL PROPERTY OR THE PROPERTY
OF OTHERS, OR ANY OTHER EXPENSE ARISING FROM THE SALE, USE OR INSTALLATION OF THE PRODUCTS OR FROM ANY
OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON
CONTRACT, OR ON TORT, OR REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT MAY HAVE BEEN RENDERED BY
SELLER OR ITS AGENTS OR REPRESENTATIVES CONCERNING THE SALE, USE OR INSTALLATION OF THE PRODUCTS.
12. LIMITATION OF LIABILITY. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LABOR COSTS, ARIS-
ING FROM THE SALE, USE OR INSTALLATION OF THE PRODUCTS, FROM THE PRODUCTS BEING INCORPORATED INTO OR
BECOMING A COMPONENT OF ANOTHER PRODUCT, FROM ANY BREACH OF THIS AGREEMENT OR FROM ANY OTHER
CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CON-
TRACT, OR ON TORT OR OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTATIONS THAT
MAY HAVE BEEN RENDERED BY SELLER OR SELLER’S AGENTS OR REPRESENTATIVES CONCERNING THE SALE, USE OR
INSTALLATION OF THE PRODUCTS.
13. FORCE MAJEURE. Seller shall not be liable for any failure or delay in manufacture or delivery resulng from any
cause beyond the reasonable control of Seller, including by way of illustraon and not by way of limitaon, compliance
by Seller with any Government or military regulaon, or from acts of God, res, or other casualty or accident, strikes,
lockouts, factory shutdowns, or alteraons, embargoes, riots or other disorders, delays or shortages in transportaon,
or inability to obtain sucient quanty of fuel, power, labor, manufacturing facilies of materials or other supplies from
the usual sources of Seller. Neither shall the Seller be held to the price of the product in his quotaon and/or order
acknowledgement, in the event cost of materials needed for the Seller’s manufacturing process of the product, as the
result of events listed in this paragraph, and being beyond the reasonable control of the Seller, would increase beyond
what can normally be expected during the life of the contract. Should such cost increases occur, the Seller and the Buyer
agree to re-negoate the price for the product based on the actual cost increases to the Seller for the Buyer’s product as
a result of said price increases of materials used in the manufacturing of the product in queson.