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7.1.D. - Page 16
<br /> III. SALES ACKNOWLEDGMENT
<br /> 3. Buyer hereby understands and acknowledges that this Purchase Agreement shall not be
<br /> binding or enforceable until Seller has reviewed and delivered a fully executed copy of the Purchase
<br /> Agreement to Buyer,which delivery shall occur on or before thirty(30)days from Buyer's receipt of same.
<br /> Seller's acceptance of this Purchase Agreement is expressly conditioned on Buyer's acceptance of the
<br /> Terms and Conditions of this Purchase Agreement. Seller may deliver the fully executed copy of the
<br /> Purchase Agreement to Buyer by regular mail, facsimile transmission or hand-delivery.
<br /> IV. LIMITED WARRANTY
<br /> 4. Seller warrants to the Buyer only, for a period of one(1)year from the date of delivery of
<br /> the Equipment to Buyer ("Warranty Period"), that the Equipment (excluding Consumables) shall
<br /> (i) perform in accordance with the specifications set forth in SCHEDULE A and (ii) shall be free from
<br /> defects in materials and workmanship.Except as provided below, Seller's obligation under this warranty is
<br /> limited to, at Seller's option, repairing or replacing the Equipment or defective part at Seller's or Buyer's
<br /> facility, at Seller's cost in a timely manner. Buyer shall be responsible for the transport and delivery of the
<br /> Equipment or defective part to Seller for repair and/or replacement unless the problem or defect was due to
<br /> defect in materials and or workmanship and covered by this Limited Warranty, in which event Seller will
<br /> reimburse Buyer for the reasonable cost of freight to ship same. The foregoing Limited Warranty shall not
<br /> apply to any Equipment or part(i) which has been used or operated in a manner inconsistent with the use
<br /> intended by Seller as set forth in SCHEDULE A, (ii) modified, repaired, or tampered with in a manner
<br /> which adversely affects its operation or reliability, or(iii)to repair of damage because of accident,neglect,
<br /> improper maintenance,abuse or misuse by anyone other than Seller's personnel. In additions the foregoing
<br /> warranties do not apply to any components not installed or manufactured by Seller. EXCEPT AS
<br /> STATED ABOVE,THE EQUIPMENT IS PROVIDED WITHOUT WARRANTY OR CONDITION
<br /> OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
<br /> IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
<br /> PURPOSE. EXCEPT AS PROVIDED BELOW, BUYER'S SOLE AND EXCLUSIVE REMEDY,
<br /> WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY OR TORT,
<br /> INCLUDING NEGLIGENCE, SHALL BE LIMITED TO, AT SELLER'S ELECTION, THE
<br /> REPAIR OR REPLACEMENT OF THE EQUIPMENT OR DEFECTIVE PART(S) WHICH DO
<br /> NOT CONFORM TO SELLER'S SPECIFICATIONS. BUYER HEREBY DISCLAIMS ANY
<br /> RELIANCE OR INDUCEMENT BASED UPON ANY EQUIPMENT BROCHURES,
<br /> LITERATURE, ON-LINE CONTENT OR OTHER WRITTEN OR VERBAL STATEMENTS OR
<br /> DESCRIPTIONS WITH RESPECT TO EQUIPMENT, EXCEPT TO THE EXTENT SUCH
<br /> STATEMENTS OR DESCRIPTIONS ARE EXPRESSLY SET FORTH IN THIS LIMITED
<br /> WARRANTY.
<br /> "Consumables"are excluded from warranty and include materials,parts and other items which are designed
<br /> or expected to be replaced periodically, including without limitation hoses, filters, seals, lubricants, and
<br /> other expendable, wear or consumable items. Consumables are the Buyer's responsibility, which shall
<br /> replace them at its own cost as the need arises and as may be recommended by Seller.
<br /> Provision of repair, service, replacement or upgrade parts or service under the Limited Warranty will not
<br /> trigger a new Warranty Period for the Equipment or for the parts,and shall be subject to warranty under the
<br /> original one(1) year Warranty Period from initial Equipment delivery.In all cases,Seller reserves the right
<br /> to utilize refurbished or used parts or products in performing repairs, which may include reconditioned
<br /> assemblies provided they do not adversely affect the operation or reliability of the Equipment. Use of non-
<br /> Seller(or non-manufacturer) approved service,accessories,parts, devices or consumables or in connection
<br /> Buyer's Initials
<br /> REV:07-22-14 MLG
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