Warranty

Goods and part(s) (excluding consumables) manufactured by Seller are warranted to be free from defects in workmanship and material under normal use and service for a period of twelve (12) months from the date of shipment by Seller. Consumables, glass electrodes, membranes, liquid junctions, electrolyte, o-rings, etc., are warranted to be free from defects in workmanship and ma- terial under normal use and service for a period of ninety (90) days from date of shipment by Seller. Goods, part(s) and consumables proven by Seller to be defective in workmanship and/or material shall be replaced or repaired, free of charge, F.O.B. Seller's factory provided that the goods, part(s) or consumables are returned to Seller's designated factory, transportation charges prepaid, within the twelve (12) month period of warranty in the case of goods and part(s), and in the case of consumables, within the ninety (90) day period of warranty. This warranty shall be in effect for replacement or repaired goods, part(s) and the remaining portion of the ninety (90) day warranty in the case of consumables. A defect in goods, part(s) and consumables of the com- mercial unit shall not operate to condemn such commercial unit when such goods, part(s) and consumables are capable of being renewed, repaired or replaced.

The Seller shall not be liable to the Buyer, or to any other person, for the loss or damage directly or indirectly, arising from the use of the equipment or goods, from breach of any warranty, or from any other cause. All other warranties, expressed or implied are hereby excluded.

IN CONSIDERATION OF THE HEREIN STATED PURCHASE PRICE OF THE GOODS, SELLER GRANTS ONLY THE ABOVE STATED EXPRESS WARRANTY. NO OTHER WAR- RANTIES ARE GRANTED INCLUDING, BUT NOT LIMITED TO, EXPRESS AND IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Remedy. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DE-

LAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WAR- RANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT UNDER THE STANDARD WARRANTY CLAUSE. IN NO CASE, REGARDLESS OF THE FORM OF THE CAUSE OF AC- TION, SHALL SELLER'S LIABILITY EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED BY SELLER GIVING RISE TO THE CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY EXTEND TO INCLUDE INCIDEN- TAL OR CONSEQUENTIAL DAMAGES. CONSEQUENTIAL DAMAGES SHALL INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVE- NUE, COST OF CAPITAL AND DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT. IN NO EVENT SHALL SELLER BE OBLIGATED TO INDEMNIFY BUYER IN ANY MANNER NOR SHALL SELLER BE LIABLE FOR PROPERTY DAMAGE AND/OR THIRD PARTY CLAIMS COVERED BY UMBRELLA INSURANCE AND/OR INDEMNITY COVERAGE PROVIDED TO BUYER, ITS ASSIGNS, AND EACH SUCCESSOR INTEREST TO THE GOODS PROVIDED HEREUNDER.

Force Majeure. Seller shall not be liable for failure to perform due to labor strikes or acts beyond Seller's direct control.