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such claim or allegation of infringement and (ii) uses the product under ordinary
conditions and for their intended purposes. PAC makes no warranty, express or implied, as
to the design, sale, installation or use of its products. PAC's warranties will not be enlarged
by, nor will any obligation or liability of PAC arise due to PAC providing technical advice,
facilities or service in connection with any product. PAC disclaims any and all other
warranties and representations and PAC provides no warranty on the oral representations
made by its personnel while they are undertaking Services for BUYER.
There is no warranty by PAC with respect to any product's: (i) uninterrupted or error-free
operation; (ii) actual performance, other than the product's capability to meet PAC's
specifications therefor; (iii) removal or installation from a worksite or process;
(iv) electronic components or associated accessories (including without limitation circuit
boards and integrated circuits); (v) maintenance (including without limitation gasket and
seal replacements, adjustments, minor repairs and other inspection requirements,
preventative or otherwise); (vi) use under inappropriate conditions or not in accordance
with operating instructions; or (vii) use in connection with the operation of a nuclear
facility. There is no warranty for products determined to be, in PAC's sole discretion,
damaged or impaired as a result of (a) misuse, neglect or accident; (b) improper
application, installation, storage or use; (c) improper or inadequate maintenance or
calibration; (d) operation outside of the published environmental specification;
(e) improper site preparation or maintenance; (f) unauthorized repairs or replacements;
(g) modifications negligently or otherwise improperly made or performed by persons other
than PAC; (h) BUYER-supplied software or supplies; (i) use in conjunction with or
interfacing with unapproved accessory equipment; (j) use of ABC-style or dry powder fire
suppression agents; or (k) leaked sample materials. To the extent a PAC product is used in
connection with the operation of a nuclear power facility, BUYER agrees to indemnify and
hold PAC harmless from any and all actions, claims, suits, damages and expenses arising
from such use. PAC provides no warranty on the oral representations made by its
personnel while they are attempting to assist BUYER in the operation of a product. This
Standard Limited Warranty does not apply to items consumed by the products during
their ordinary use, including but not limited to fuses, batteries, paper, septa, fittings,
screws, fuses, pyrolysis, dryer or scrubber tubes, sample boats, furnaces or lamps.
This warranty is valid only if genuine PAC parts, consumables and standards are used in
PAC products.
4. Resale products are goods (that are sold with PAC's products) which are not
manufactured by PAC and which are supplied as an accommodation to BUYER. PAC
MAKES NO WARRANTY FOR RESALE PRODUCTS, EITHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE SOLE WARRANTY SHALL BE THAT OF
THE RESALE PRODUCT MANUFACTURER.
BUYER agrees that PAC has no liability for resale products beyond the services within
PAC's direct control necessary to reasonably discharge the above stated responsibility and
that PAC shall not be liable for delays caused by resale product manufacturer. PAC does