Product Warranty

UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR
PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL,
CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE
DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD
BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO
EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S);
NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING
DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME, EXCEPT AS EXPRESSLY
SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS
EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
RECOMMENDATIONS BY SELLER: Buyer acknowledges that Seller does not make and specifically negates, renounces
and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect
to (i) the products sold, their use, design, application or operation, their merchantability, their physical condition or their
fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the products, (iii) the
engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by Seller
and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents
furnished to Buyer. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection
with the sale of its products and/or rendering of its services. Any recommendations made by Seller concerning the use,
design, application or operation of the products shall not be construed as representations or warranties, expressed or
implied. Failure by Seller to make recommendations or give advice to Buyer shall not impose any liability upon Seller.
INDEMNIFICATION: The Buyer shall at its own expense apply for and obtain any permits and inspections required for the
installation and/or use of the products. Seller makes no promise or representation that the products or services will conform
to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed
upon in writing by an authorized representative of Seller. The Seller's products are not for use in or with any nuclear facility
unless specifically so stated by Seller in writing.
Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper
installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and its agents and
employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees)
arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees
and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations
resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the
information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory
negligence of Buyer, Seller, or any of their agents, employees or suppliers. The obligations, indemnities and covenants
contained in this paragraph shall survive the consummation or termination of this transaction.
INSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in shipping must be reported within one (1) day
following delivery to Buyer. Buyer shall have seven (7) days from the date Buyer receives any products to inspect such
products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and
notify Seller, in writing, of any defects, nonconformance or rejection of such products. After such seven (7) day period, Buyer
shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall
have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such seven (7) day
period is a reasonable amount of time for such inspection and revocation. Buyer shall have no right to order any change or
modification to any product or services previously ordered by Buyer or its representatives or cancel any order without
Seller's written consent and payment to Seller of all charges, expenses, commissions and reasonable profits owed to or
incurred by Seller. Specially fabricated or ordered items may not be canceled or returned, and no refund will be made. The
sole and exclusive remedy for merchandise alleged to be defective in workmanship or material would be the replacement of
the merchandise subject to the manufacturer's inspection and warranty.
RETURNS: Buyer may return any product to Seller if: (i) it is in new condition, suitable for resale in its undamaged original
packaging and with all its original parts and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired,
altered or damaged. Buyer's surplus returns, and those not meeting (i) and (ii), above, will be evaluated on an individual
basis after Buyer has contacted Seller's authorized representative for prior written permission. Special orders or non-stock
items may be returned if the manufacturer will accept the return. Any product that the Seller accepts for return which meets
(i) and (ii), above, a credit memoranda will be issued for authorized returns and shall be subject to the following deductions:
(a) cost of putting items in salable condition; (b) transportation charges – for return goods, if not prepaid; and (c) 15%
handling and restocking charges.
SHIPMENTS: All products are shipped FOB, point of shipment. Risk of loss shall transfer to the Buyer upon tender of goods
to Buyer, Buyer's representative, or common carrier. The cost of any special packing or special handling caused by Buyer's
requirements or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if
Seller ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by
Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims for
products damaged or lost in transit should be made by Buyer to the carrier, as Seller's responsibility ceases upon tender of