Specifications

Buyer agrees to cooperate fully with Seller in the filing of any financing statements, including Uniform Commercial
Code (UCC) filings or other documents necessary to perfect such interests and liens. If Buyer defaults in its
obligations under the Order Acknowledgement before the price (including any notes given therefore) of the
equipment has been fully paid in cash, Seller may take any and all actions permitted by law to protect its interests
including, where permissible, repossession of such equipment.
SHIPMENTS: All sales are Ex-Works Factory (as such term is defined by the International Chamber of Commerce
as of the date hereof). Shipping contracts made by Seller shall be to Buyer's account. All claims for loss or damage
after risk of loss has passed to Buyer shall be filed by Buyer with the carrier. Buyer shall be liable to Seller for the
full price of the goods, irrespective of loss or damage in transit. Seller shall not be required to provide freight cost
receipts to Buyer at the time of invoice. Buyer shall bear all risk and expense for delivery of goods, including
without limitation, shipping, loading, unloading, storage, freight, and insurance. Goods may be shipped to Buyer in
whole or in part. Title to goods shall pass to Buyer when delivered to the carrier or the Buyer, whichever occurs
first, even if the goods are shipped freight prepaid. Among other things, a signed delivery receipt or bill of lading
will constitute proof of delivery. The choice of carrier is made solely at the discretion of Seller, and Seller makes no
representation as to the acceptability of a particular carrier. Except when Seller expressly agrees in writing, Seller
does not guarantee shipment or delivery by a certain date or time, although Seller will strive to deliver goods by the
date that it may communicate to Buyer. Seller shall not be liable to Buyer, or any other person, for any loss or
damage of any kind which results from delay in shipment, delivery, or failure to give notice of delay, whether or not
such delay was caused by Seller or otherwise. Seller reserves the right to backorder any goods and to ship from
backorder in such order as Seller determines.
LIMITED WARRANTY: Seller warrants, to its original Buyer, that goods manufactured by Seller are free from
defects in material and workmanship for 12 months from date of shipment (except for specified products with
warranties that supercede this limited warranty. Please consult factory for these products). The Buyer hereby
acknowledges and agrees, though free from defects in material and workmanship at the time of shipment, that the
useful life of goods manufactured by Seller will vary depending upon the Buyer's frequency of use, application, and
other factors, with regard to such goods. In that respect, notwithstanding any other provision to the contrary in the
Agreement, these Terms and Conditions, or the Order Acknowledgement, the Seller specifically does not warrant
the useful life of any product. If a failure to conform to specifications or a defect in materials or workmanship is
discovered within this period, Seller must promptly be notified in writing within thirty (30) days, which notification, in
any event must be received no later than 12 months from the date of shipment. Within a reasonable time after such
notification, Seller will correct any failure to conform to specifications or any defect in materials or workmanship, or
in lieu of such repair, and at its sole option, shall replace the equipment. THE ABOVE ARE THE BUYER'S
EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. Seller does not warrant: (a) defects caused by failure to
provide suitable installation environment for the product, (b) damage caused by use of the product for purposes
other than those for which it was purchased, (c) damage caused by disasters such as fire, flood, wind, and
lightning, (d) damage caused by unauthorized attachments, or modification, (e) any other abuse or misuse by the
Buyer, including improper installation; or (f) goods which have been damaged or altered by Buyer or its customers.
Each good sold by Seller to Buyer shall be deemed to be without defect and in conformity with its specifications
and the terms of this Agreement and the associated Order Acknowledgement even though reasonable variances
may exist. As a result, Seller cannot and does not guarantee that goods sold hereunder, whether in whole or in
part, will exactly match in specification or otherwise, and Buyer acknowledges that reasonable variance is
permissible. Additionally, Seller shall have no liability if a good does not conform to any applicable state, county or
local ordinance, as the conformity of a good to each state, county and local ordinance is the sole responsibility of
the Buyer. Seller reserves the right to change its goods and the components of its goods without prior notice to
Buyer, although in circumstances where an order from Buyer has been accepted by Seller, Seller will use
commercially reasonable efforts to ensure that such change will not affect performance of the good in a materially
adverse manner.
EXCEPT AS SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER MAKES
NO OTHER WARRANTIES FOR A PRODUCT OR UNDER THIS AGREEMENT OR ANY ORDER
ACKNOWLEDGEMENT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE,
AND INCLUDING THE WARRANTY OF MERCHANTABILITY. IN NO CASE SHALL SELLER BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON ANY LEGAL THEORY,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF
THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE
EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES INCLUDING
CUSTOMERS, INJURY TO PROPERTY AND, UNLESS PRECLUDED UNDER APPLICABLE STATE LAW,
BODILY AND PERSONAL INJURY.
INDEMNITY; LIABILITY LIMITATION: Buyer hereby agrees to indemnify, reimburse in full, defend and hold
harmless Seller, its subsidiaries, affiliates, officers, directors, personnel and agents from and against any and all
liability, claims, suits, actions, losses, costs or expenses including (without limitation) reasonable attorneys' fees
relating to or arising out of any claim or demand (a) for any Taxes or related penalties and interest, (b) due to
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