Specifications

REFERENCES
9/01/2008 52-1002-5 References A.6
purpose/use or whether or not occasioned by Detector’s negligence. Detector shall not be liable to the Buyer for any claims,
demands, injuries, damages, actions or causes of action whatsoever based on negligence or strict liability.
If, after inspection of the returned equipment, Detector determines that the defect is a result of damage, misuse, mishandling,
installation, abnormal conditions of storage or operation, unauthorized repair or modification, or due to the Buyer’s failure to
install, maintain or operate the equipment in compliance with the written instructions, all expenses incurred by Detector in
connection with the replacement or repair of the equipment shall be for the account of the Buyer. Any equipment returned to
Detector for replacement shall become the property of Detector.
The liability of Detector, its subcontractors or vendors with respect to any contract, or anything done in connection therewith or
from the Field Service; Technical Assistance, manufacture, sale delivery, resale, installation, repair, replacement or use of any
service or equipment covered by or furnished under this Contract, whether in contract, in tort, in warranty, in strict liability, or
otherwise, shall not exceed the original purchase price paid on the contract. If the Contract provides for the furnishing of more
than one unit of equipment or materials, the limitation prescribed hereinabove shall be applied to each individual unit with
respect to which such breach has occurred and “contract price” shall be deemed to mean the unit price specified in the
Contract, or if none is specified, a proportionate part of the total price stipulated for all such units.
The validity, performance and interpretation of the limited warranty shall be governed by the internal laws (and not the laws of
conflicts) of the State of Minnesota. All disputes arising in connection with the limited warranty shall be resolved, if not sooner
settled, by a court of competent jurisdiction located in Hennepin County, Minnesota, USA.
4. ACCEPTANCE STATES THE ENTIRE CONTRACT. The acknowledgment by Detector of the Buyer’s order or offer
to purchase is an acceptance of the Buyer’s order and intended to embody the complete and exclusive contract of sale in
relation to the subject matter hereof, and no understandings or agreements, verbal or otherwise, in relation thereto except as
herein expressly set forth or incorporated herein by reference shall be binding on either party.
The acknowledgment by Detector of the Buyer’s order(s) is accepted on the condition that the terms and conditions set forth
herein shall apply and shall constitute complete agreement between the parties. Any provisions or conditions of the Buyer’s
order forms or any verbal or other understandings or agreements which are in any way in conflict with or in addition to these
terms and conditions shall not be binding on Detector and shall not be applicable, unless expressly agreed to in writing by
Detector herewith or hereafter. Buyer shall be deemed to have assented to the exclusive terms and conditions hereof unless
objection by the Buyer hereto in writing has been received by Detector at its office in Minneapolis, Minnesota within ten (10)
working days after receipt of the acknowledgment by the Buyer, or if a shipment has been requested in less than said ten (10)
working days, then prior to such date shipment, and in the event of such objection and at Detector’s option, the
acknowledgment shall thereupon be revoked and the sale contract terminated.
5. DELIVERY. Delivery of equipment not agreed on the face hereof to be installed by or under supervision of Detector
shall be F.O.B. at Detector’s factory, warehouse or office selected by Detector. Shipping dates are approximate and are based
upon current and anticipated manufacturing capabilities and upon receipt of all necessary information from the Buyer. Detector
reserves the right to make delivery in installments and the contract shall be severable as to each such installment. Delay in
delivery or other default in any installment shall not relieve the Buyer of its obligation to accept and pay for remaining
deliveries. If delivery of goods is delayed due to default in payment of the purchase price or to delay in receipt of shipping
instructions, documents for payment, required inspection, export license or authorization or other cause for which Detector is
not responsible, charges for demurrage and storage shall be paid by the Buyer. All claims for a delay in delivery shall be
deemed waived unless presented to Detector in writing thirty (30) days after the delivery of each shipment.
Unless otherwise indicated on the front side of the invoice, all shipping and insurance charges, any duty and all taxes related
to the Buyer’s order shall be paid by the Buyer. Claims for damages in transit must be asserted against the Carrier. Within (7)
days after receipt of shipment, the Buyer must report to Detector any shortage or damage not due to the carrier, otherwise
claims for such shortage or damage will be deemed waived.
6. FORCE MAJEURE. Fulfillment of this order is contingent upon the availability of materials. Detector shall not be liable
for any delays in delivery, or for non-delivery or nonperformance, in whole or in part, caused by the occurrence of any
contingency beyond the control of either Detector or suppliers of Detector, including but not limited to one or more of the
following causes: fires, destruction of plant; strike; lockout; dispute with workmen; epidemic; flood; accident; delay in
transportation; war (whether declared or undeclared); insurrection; riot; blockage; embargo; acts, demands or requirements of
the United States, or the country in which or through which delivery is to be made or any state or territory thereof, or of any
governmental subdivision of any thereof; restraining orders for decrees of any court or judge; or any other cause whatsoever,
whether similar or dissimilar to those herein before enumerated. The existence of any such cause or causes of delay shall
extend the time of performance by the time or times measured by any such cause or causes of delay. If delivery is not
completed within sixty (60) days after the date stipulated in the acceptance of the order due to any said causes, either
Detector or the Buyer may cancel this contract on ten (10) working days notice to the other. If any contingency occurs,
Detector reserves the right to allocate production and deliveries among its customers.