The products sold under the Contract are used, oftentimes with the expected dents, wear and tear, and degradation inherent in used equipment. Subject to such condition, Seller warrants to Buyer that products and any services furnished hereunder will be free from material defects in material, workmanship and title and will be of the kind and quality specified in Seller's written quotation. The foregoing shall apply only to failures to meet said warranty that appear within a period of ninety (90) days from the date of receipt of a product or performance of a service (the "warranty period"). This warranty is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT SHALL APPLY. Seller does not warrant any products or services of others that Buyer has designated.

If any product or service fails to meet the foregoing warranty, Seller shall correct any such failure at its option, (i) by repairing any defective part of the product either at Buyer's facility, or Seller's facility with shipping at Buyer's expense, or by providing advice to Buyer as to how Buyer can make such repairs; or (ii) by making available, any necessary repaired or replacement parts; or (iii) by giving Buyer notice to return such defective product to Seller after which Buyer shall have ten (10) days to send such product to Seller, with shipping, insurance, and packaging prepaid by Buyer, so that after Seller's receipt of such product in the same condition as when it was sent to Buyer, Seller will return such portion of the purchase price received, less Seller's original costs of shipping, insurance and packaging. If the costs of shipping, insurance and packaging are greater than the portion of the purchase price received, Buyer will promptly pay Seller the difference.

The preceding paragraph sets forth the exclusive remedies for claims based on defect in or failure of products or services, whether the claim is in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise and however instituted. Upon the expiration of the warranty period, all such liability shall terminate and Buyer shall have a reasonable time, within ten (10) days after the warranty period, to give written notice of any defects that appear during the warranty period.

The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be represented at, all tests that may be made. Seller's obligations under this Article shall not apply to any product, or part thereof, which (i) is normally consumed in operation, or (ii) has a normal life inherently shorter than the warranty period, or (iii) is not properly stored, installed, used, maintained or repaired or is modified other than pursuant to Seller's instructions or approval, or (iv) has been subjected to any other kind of misuse or detrimental exposure or has been involved in an accident. In addition, this warranty shall be void if the Buyer makes any repairs to, or effects any changes in, products or parts thereof, which have not been authorized by the Seller in writing.

Seller does not warrant that the products or services sold hereunder conform with any plans or specifications or meet any requirements, industry specifications, codes, standards, laws, rules, regulations and ordinances of any federal, state or local government authority of any country, including the United States Occupational Safety and Health Administration ("OSHA") requirements pertaining to safety or insurance. Any descriptions or illustrations of products contained in Seller's catalogues, price lists, internet site, or other advertising materials are intended merely to present a general description of the products and shall not form a part of the Contract. As the end use of the products cannot be predetermined, Seller takes exception to any and all requirements as are, or may be set forth by OSHA (and any other similar entity in any country) with respect to the products and Seller will not be bound thereby. In the event that OSHA (and any other similar entity in any country) requires additions or modifications to the products before they may be used, it shall be the obligation of Buyer, at its expense, to make such additions and modifications.