Common use of Equipment Warranty Clause in Contracts

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH SECTION 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- non-TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which For a one (1) at year period from date of Acceptance (the Installation Site"Warranty Period"), Seller warrants that the Equipment provided to Buyer pursuant to this Agreement shall be free from defects in material, manufacturing workmanship, and title, and that the Equipment will operate in conformance with the Specifications set forth in Schedule A and will operate as described in all marketing and advertising materials provided to Buyer (2the "Warranty"). The Warranty also shall apply to any replacement part or to any Enhancement. Further, Seller warrants that all service repairs shall be free from defects in materials and workmanship for the greater of (i) have been the balance of the Warranty Period or (ii) ninety (90) days after the date the repair is completed. To enable Seller to properly installed and maintained by authorized personsadminister the Warranty, Buyer shall (i) promptly notify Seller of any claim hereunder, and (3ii) have been operated within provide Seller with the limits of rated opportunity to inspect and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and test parts claimed by Buyer to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completiondefective. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or arrange for Defective Equipment to Seller and Seller will replace without cost to the Unit with a “Loaner” piece of equipment within twenty-four (24) hours of such notification. Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy will have full use of the Buyer under this warrantyLoaner equipment until Defective Equipment has been repaired or replaced and received by Buyer. To facilitate efficient If during the Warranty Period on-site service is required, warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer service will be billed for such Parts at a discount of 5% off available from Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge, on an appointment basis, Monday through Friday, 8:00 a.m. to 5:00 p.m. SCHEDULE A Visual Entertainment Systems, LLC NetStar Kiosks Components Overview The NetStar Kiosk is where the customer can reveal their sweepstakes entries by playing entertaining games. The warranty described herein is granted NetStar Kiosk also has a user interface where a customer can browse easily to various web sites. The customer’s identity and current data are protected via the NetStar Kiosk’s security. The NetStar Kiosk supports the following functionality: · Secure login for the customer by supplying a user id/password or by swiping a player card and entering a password (only where allowed). · Front end support browsing various web sites · Ability to Purchase more internet time, and in turn earn more sweepstakes points · A multitude of entertaining games for revealing sweepstakes entries The NetStar Kiosk displays and tracks the original purchaser of the Goods following critical data: · Customer login information · Remaining internet time · Sweepstakes entries that are still available for revealing sweepstakes · Amount won from revealed sweepstakes entries Cabinet specifications · Custom steel cabinet · Paint Electro-static powder coat with baked-on finish · Graphics decal Hardware specifications · 22" or 19" touch screen monitor (size varies based upon cabinet configuration) · Bxxx acceptor (where applicable) · Printer · Customized CPU · Power supply · All pertinent wiring/cables · Programmed for operation · Video Card/On board video · Hard Drive · OS: appropriate to run software · Internet connection · Card Swipe (only where applicable or required) · Power Single grounded plug (115V/15A circuit). · Overall power consumption <400W typ. · Display Viewable image size: o Resolution: up to 1440 x 900 · Touch screen o Capacitive: Input: finger, stylus. o Touch transmission: 85% +/- 2%. o Resistive: Input: finger, gloved hand, and original purchaser’s specified end-user and is non-transferrablestylus. DISCLAIMER OF OTHER WARRANTIESo Touch transmission: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED91.5% +/- 1.5%.

Equipment Warranty. Except as otherwise provided The warranty for Plant production rates, product quality, efficiencies and emissions standards is covered in this Section 7Exhibit M. This Exhibit M specifically defines DESIGN/BUILDER’s operating warranty for Plant equipment inside the battery limit. DESIGN/BUILDER reserves the right at its own discretion, to void any Goods sold hereunder which and all warranty if the operation of the Plant and/or its subsystems, exceeds nameplate capacity by five percent (15%) at or more. DESIGN/BUILDER is OWNER’s first point of contact for any claim of warranty by OWNER against DESIGN/BUILDER concerning Plant equipment, during the Installation Sitewarranty period. The cost of labor performed by vendors other than DESIGN/BUILDER to settle a warranty claim situation, (without written permission from DESIGN/BUILDER, will not be covered under any warranty expressed or implied by DESIGN/BUILDER. What is furnished under the warranty: The warranty will furnish replacement consumables and parts covered under the warranty. Labor will only be furnished by DESIGN/BUILDER to repair items warranted for workmanship and originally built by DESIGN/BUILDER. What is covered by the warranty: Workmanship and materials on all plant equipment including pumps, instruments, controls, DCS, switchgear, wiring, conveyors, gearboxes, auger flighting, valves 2) have been properly installed ” size and maintained by authorized personsabove, valve actuators, tanks, vessels, air compressors, boilers, cooling towers, motors, couplers, belts, sheaves, chains, sprockets, heat exchangers, agitators, centrifuges, fans, blowers, Hvac units, and other related equipment. Warranty will cover failures of seals for lack of coolant flush during the seven (37) have been operated within day performance test described in Exhibit G. Warranty will cover failure of seals and couplers caused by misalignment during the limits seven (7) day performance test described in Exhibit G. Warranty will cover failure of rated pump seals caused by product misapplication. Warranty will cover labor and normal usageparts to repair all leakage from pipes, are warranted exchangers and valves during the seven (7) day performance test described in Exhibit G. What is not covered by the warranty: Warranty does not cover damage to conform to Seller’s quoted Technical Specifications and to be free process equipment of defects any kind from improper maintenance, improper operation, operator negligence or abuse. Warranty does not cover catastrophic failures of the critical path equipment by chain reaction, from improper operation, abuse or neglect of other equipment or procedures in material and workmanshipthe process equipment critical path and/or acts of God, as determined whether upstream or downstream. Warranty does not cover damage caused by Seller’s inspection, for a period customer modification of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this equipment included in the warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within list during the warranty period, Seller without the written consent of DESIGN/BUILDER. Warranty does not cover pipe gaskets, sight glasses, valves under 2” in size, door knobs, walk in doors and closers, pipe and border painting, man-way gaskets, countertops and window glasses after the seven (7) day performance test described in Exhibit G. Warranty does not cover pump seals, pump motors and bearings that fail for lack of coolant flush after the seven (7) day performance test described in Exhibit G. Warranty does not cover pump seals or couplers after the seven (7) day performance test described in Exhibit G that fail from misalignment. Warranty will repair not cover failure of any size valve when failure is determined to be a result of owner welding on or replace without cost near the valve. Warranty will not cover failure of any equipment due to Buyer improper grounding of welding equipment as a result of OWNER’s welding operations after Substantial Completion. Warranty will not cover any product equipment damaged by lightning strikes, power surges, power outages or parts poor quality power from the electricity supplier. Warranty will not cover leaking plate and frame exchangers after the seven (7) day performance test described in Exhibit G. Procedure for warranty claim: DESIGN/BUILDER does not expect OWNER to remain out of service with equipment that has failed during the warranty period while trying to settle the warranty claim. DESIGN/BUILDER warrants and represents that whether covered by warranty or not, the plant must and shall operate, and DESIGN/BUILDER shall be responsible for insuring the continued operation of the plant during the warranty which Seller finds period while trying to settle a warranty claim made in good faith by OWNER. Consumable items such as motors, gearboxes, seals, switchgear and similar equipment should be defective in material replaced and the damaged unit returned to DESIGN/BUILDER or workmanship, provided that made available for inspection by DESIGN/BUILDER. DESIGN/BUILDER reserves the Buyer gives right to return the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver item to the Installation Site manufacturer for evaluation before settling a variety of spare warranty issue. Failure to return or produce for inspection the damaged parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer or equipment will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under void any warranty expressed or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDEDimplied.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s PropertySeller’sProperty.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Xxxxx’xXxxxxxxxxxxx Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer Xxxxx will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF TR Service rates in accordance with TRUMPF TR Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF TR spare parts or consumables, unauthorized attempts to repair, or by accident or other orother hazard outside Seller’s control. Use of a non-TRUMPF TR spare part shall void the warranty if the TRUMPF TR spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.

Equipment Warranty. Except as otherwise provided Supplier warrants that the equipment is free from defect in this Section 7workmanship and materials under normal use and service. Supplier will make good, any Goods sold hereunder which (1) by repair, or at its option, by replacement, defects which, under proper use in Supplier’s opinion, appear in the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated equipment within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one yeartwelve (12) months from the date of completion of equipment commissioning, or eighteen (18) months from the date of original delivery (“Warranty Period”), whichever is the earlier. Any goods that are supplied under replacement shall be supplied FCA, Supplier Store, Adelaide, Australia or Malvern, PA, USA, or other Seller’s nominated location. All freight, insurance, taxes, imposts, duties and levies etc. will be to the Customer’s account. Equipment will be repaired during the Warranty Period, free of charge, at our facility providing that it is returned to Supplier, freight paid. Alternatively, any purchased extended periodrepairs necessary may be carried out on-site providing that any travel, coming into effect upon Installation Completionaccommodation and costs incurred are paid by the Customer. The terms Should Supplier be called to carry out work under warranty and find that the fault lies outside Supplier’s responsibility; any cost involved will be charged to the Customer’s account. This warranty is in lieu of this all other warranties expressed or implied, and is Customer’s sole and exclusive remedy in the event of defective equipment. This warranty do does not apply to replacement or repairs which are required as a result of negligent use, improper installation by others, maladjustment, modification or lack of routine maintenance by others. Supplier does not warrant the overall performance of any plant or the result of any process on which their equipment is used. This warranty does not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed items considered to be of potential use in completing consumable nature, i.e. all items listed as "Consumables" and including any other such parts susceptible to wear and tear, e.g. face plates, hoses, rubber and plastic pipes/tubes, impellers, fans, filters, nozzles, liners, etc. This guarantee also does not cover any form of surface coating, e.g. rubber lining, paint coatings, etc. At the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any conclusion of the unused Spare Parts after close of Warranty Services missionwarranty period any site visit for repair, Buyer recommissioning, recalibration, training etc. will be billed charged for such Parts at the prevailing man-day rate for each day spent on-site, plus travel days, with all air fares, transit costs, accommodation, meals and on-site transport charged to the Customer at cost +10%. Warranty is not given on the control systems, computer and peripherals, unless the control systems, computer and peripherals are supplied by Supplier. If the Customer purchases the control systems, computer and peripherals from a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, it is the use of non- TRUMPF spare parts or consumables, unauthorized attempts Customer's responsibility to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void arrange for any service and warranty agreements for these items with the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDEDrespective controls &computer agents.

Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- non-TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: . THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.