Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. WARRANTY WGL warrants that each battery product manufactured by WGL and delivered to the user (a) shall meet the WGL specifications for such battery product and (b) shall be free of defects in material and workmanship for a period of twelve (12) months from the date of manufacture. WGL's sole obligation under this Warranty is the repair or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USER, IN CONNECTION WITH THE PERFORMANCE THEREOF, OR FROM THE SALE, DELIVERY, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACED.

Warranty and Limitation of Liability. WARRANTY WGL Seller warrants that each battery product manufactured all goods, services and work supplied by WGL and delivered Seller (collectively referred to the user (a) shall meet the WGL specifications for such battery product and (bthroughout as “Goods”) shall be free of defects in material and workmanship for a period of twelve (12) months from the date of manufacture. WGL's sole obligation under this Warranty is the repair or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal usetype stated on the corresponding sales invoice issued by Seller, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery productexcept as otherwise set forth in these Terms. THIS THE FOREGOING WARRANTY IS IN LIEU OF SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS. ALL OTHER WARRANTIES (EXCEPT OF TITLE)WARRANTIES, EXPRESSED, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVEBuyer waives all warranty claims, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD if any, related to Goods not raised within 30 days of delivery of such Goods. Buyer is encouraged to test any Goods at Seller’s facility, during normal business hours, to confirm the Goods meet Buyer’s expectations. Buyer acknowledges it is not relying on Seller to select the Goods or determine the appropriateness of the Goods for Buyer’s intended use. Goods purchased on the basis of weight are subject to customary quantity variations recognized by practice in the industry. Seller’s liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed a sum equal to the amount of the purchase price paid by Buyer for the Goods at issue. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE USEROTHER FOR ANY SPECIAL, IN CONNECTION WITH THE PERFORMANCE THEREOFINDIRECT OR CONSEQUENTIAL DAMAGES. The price stated for the Goods is consideration for limiting Seller’s liability. The parties intend the exclusion of consequential damages as an independent agreement apart from the sole and exclusive remedy herein. Buyer’s sole remedy, OR FROM THE SALEwhether in contract, DELIVERYtort, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACTunder any warranty, WARRANTYin negligence or otherwise, NEGLIGENCEshall be a refund of the purchase price paid by Buyer or replacement of the Goods, INDEMNITYat Seller’s election. This remedy is intended to be the sole and exclusive remedy of the Buyer under this Agreement and for any breach of warranty, STRICT LIABILITYif any. No action by Buyer, OR OTHERWISEregardless of form, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDarising out of this transaction, may be brought by Buyer more than one (1) year after the date of this Agreement. Nothing contained in this section is intended to be a warranty extending to the future performance of Goods.

Warranty and Limitation of Liability. WARRANTY WGL warrants Services provided by ICT hereunder will be performed in a professional and xxxxxxx like manner and shall substantially conform with the description of Services set forth on the attached Service Definition Worksheet. Should ICT breach this warranty, the Customer shall so notify ICT in writing, and ICT shall use reasonable diligence to remedy such breach within 15 days of receipt of Customer's notice. Should ICT fail to remedy a breach within that each battery product manufactured by WGL and delivered to the user (a) shall meet the WGL specifications for such battery product and (b) time, Customer shall be free entitled to a reasonable abatement of defects in material and workmanship for a period of twelve (12) months from the date of manufacturefees hereunder. WGL's sole obligation under this Warranty is the repair or replacementEXCEPT AS PROVIDED IN THIS PARAGRAPH, at its electionALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, of any battery cell or pack in place of any such product which is found upon WGL's inspectionINCLUDING, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided thatWITHOUT LIMITATION, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION CUSTOMER'S SOLE REMEDY FOR ICT'S BREACH OF LIABILITY THE REMEDIES ALL WARRANTIES HEREUNDER IS AS SET FORTH IN THIS PARAGRAPH. IN NO EVENT SHALL ICT BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE USER FEES ACTUALLY PAID BY CUSTOMER TO ICT FOR SERVICES PROVIDED HEREUNDER. IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVENO EVENT SHALL ICT BE LIABLE FOR INDIRECT, AND THE TOTAL LIABILITY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USER, IN CONNECTION WITH THE PERFORMANCE THEREOFPROFITS, OR FROM THE SALEDAMAGES FOR INTERRUPTION OF BUSINESS, DELIVERYWHETHER SUCH DAMAGES ARE ALLEGED IN TORT, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, INDEMNITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE EVEN IF ICT HAS BEEN APPRISED OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH POSSIBILITY OF SUCH LIABILITY IS PLACEDDAMAGES. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter. No modifications, amendments, or supplements to this Agreement shall be effective for any purpose unless in writing signed by an officer of ICT and a duly authorized representative of the Customer. The prevailing party in any legal proceeding brought by one party against the other party and arising out of or in connection with this Agreement shall be entitled to recover its legal expenses, including court costs and attorneys' fees. The laws of the State of Georgia shall govern the validity, interpretation, performance and enforcement of this Agreement.

Warranty and Limitation of Liability. WARRANTY WGL warrants that each battery product manufactured Services provided by WGL and delivered to the user (a) shall meet the WGL specifications for such battery product and (b) Kryptronic hereunder shall be free performed in a professional and workmanlike manner and shall substantially conform with the description of defects Services set forth in material the Package selected by Customer for the duration of the Agreement and workmanship for a period any renewals thereof. Should Vendor breach this warranty, Customer shall so notify Vendor in writing, and Vendor shall use reasonable diligence to remedy such breach within thirty (30) days of twelve (12) months from receipt of Customer's notice. Should Vendor fail to remedy the date of manufacture. WGL's sole obligation under this Warranty is the repair or replacementbreach within that time, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL Customer shall be prepaidentitled to a reasonable abatement of fees hereunder. EXCEPT AS PROVIDED IN THIS PARAGRAPH, and (3) any product return sent to WGL without prior written approval will be returned to the senderALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, freight collect. This Warranty does not apply to depletionINCLUDING, wear and/or any failure occurring as a result of any of the following: normal useWITHOUT LIMITATION, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY TITLE, MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES IN NO EVENT SHALL KRYPTRONIC BE LIABLE TO RESELLER OR CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE USER FEES ACTUALLY PAID BY CUSTOMER TO RESELLER FOR SERVICES PROVIDED HEREUNDER. IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVENO EVENT SHALL KRYPTRONIC BE LIABLE FOR INDIRECT, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USERSPECIAL, IN CONNECTION WITH THE PERFORMANCE THEREOFINCIDENTAL, OR FROM THE SALECONSEQUENTIAL DAMAGES, DELIVERYINCLUDING, INSTALLATION WITHOUT LIMITATION, LOSS OF PROFITS OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER INTERRUPTION OF BUSINESS, WHETHER BASED ON SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH POSSIBILITY OF SUCH LIABILITY IS PLACEDDAMAGES. The foregoing limitations include and apply to, without limitation, any liability arising out of the performance or failure to perform of any hardware, software, or Internet connection, from any errors, omissions, interruptions in or failure to provide Internet service; from interruptions in web page availability; from the consequences of computer viruses transferred over the Internet or otherwise; or from communication line failure, breach of security due to use of the Internet, or any loss of information or confidentiality due thereto. Trademarks and Publicity. Reseller agrees not to use any of Kryptronic’s trademarks, trade names, service marks, corporate names or logos or those of its affiliates (“Marks”) on any press release, advertising or marketing materials without Kryptronic’s prior written consent. Xxxxxxxx agrees not to interfere or cause any third party to interfere with Kryptronic’s intellectual property rights. Reseller acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Reseller has not acquired and will not acquire any ownership rights therein. Reseller will not alter the text or graphics in any artwork provided by Kryptronic. Reseller acknowledges Kryptronic’s ownership of the Marks and agrees not to challenge such ownership rights and agrees that all use thereof inures to the benefit of Kryptronic. Kryptronic has the right to discontinue or alter the form, shape or artwork of the Marks. Reseller will maintain high-quality standards in the use of the Marks and not publish illegal materials or engage in illegal business activities in conjunction with any use of the Marks. Reseller will not use the Marks to disparage Kryptronic, its products or services, and agrees to abide by these terms and conditions. If Reseller is unable or unwilling to fully comply with these terms and conditions, Xxxxxxxx’s rights to use any of the Marks will terminate and Reseller will immediately cease all use of the Marks. Kryptronic reserves the right to review any and all of Reseller’s use of the Marks to determine if such use is in compliance with this policy. Both parties may publicly release information related to this Agreement only with the written consent of the other party for each public statement or document.

Warranty and Limitation of Liability. WARRANTY WGL BD represents and warrants that each battery product manufactured by WGL and delivered to at the user (a) time BD ships the Products or performs Services, such Products or Services, as the case may be, shall meet the WGL BD specifications for such battery product relating thereto and (b) shall be free from rightful claim of defects in material and workmanship third parties for a period infringement of twelve (12) months from patent, copyright or trade secret. The foregoing warranty shall be void if the date of manufacture. WGL's sole obligation under this Warranty is Products have been misused, neglected, improperly handled, altered, abused or used for any purpose other than the repair one for which they were manufactured or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, if the Products’ failure to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge conform to the user provided that, (1) prior written approval is required before returning any product, (2) freight foregoing warranty was due in whole or in part to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to other conditions beyond the sender, freight collectcontrol of BD. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THE WARRANTY SET FORTH IN THIS WARRANTY PARAGRAPH IS EXCLUSIVE REGARDING THE PRODUCTS AND IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE)EXPRESS, EXPRESSED, IMPLIED, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUTES OR OTHERWISE ARE EXCLUSIVEHEREBY EXPRESSLY DISCLAIMED. BD’s liability it connection with the Products and the supply thereof shall be limited to the repair or replacement of such Products or the return of the purchase price for such Products at BD’s discretion. Buyer agrees that BD is not responsible for any indirect, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USERconsequential, IN CONNECTION WITH THE PERFORMANCE THEREOFor business damages (including without limitation, OR FROM THE SALEloss of profit or use). which may be suffered as a result of BD’s breach of any contract, DELIVERYrepresentation, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACTor warranty or as a result of your sale or the use of the Products. Buyer further agrees that BD shall not be liable for any damages that may result from a force majeure, WARRANTYwhich shall include acts of God, NEGLIGENCEacts of the public enemy, INDEMNITYwar, STRICT LIABILITYterrorism. Insurrections, OR OTHERWISEriots, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDinjunctions, embargoes, fires, explosions, floods, or other unforeseeable causes beyond the reasonable contra, and without the fault or negligence of, BD.

Warranty and Limitation of Liability. WARRANTY WGL Seller warrants that each battery product goods manufactured by WGL it have been manufactured in accordance with its standard manufacturing practices and delivered conform to the user (a) shall meet description on the WGL specifications for such battery product face hereof. Unless expressly agreed upon by Seller and (b) Purchaser, all goods and materials shall be free furnished subject to Seller’s standard tolerances and variations. If the products manufactured by seller, as sold hereunder, fail to function properly under normal and proper use because of defects in material or workmanship and workmanship for a period of twelve written notice thereof is given to seller no later than six (126) months from the after date of manufacture. WGL's sole obligation under this Warranty is receipt of such goods by Purchaser, Seller (reserving the repair right either to inspect such defective products in Purchaser’s hand or replacementrequest the return to Seller) will, at its electionsole option, of any battery cell credit, repair, or pack in place of any such product which is found upon WGL's inspection, replace products determined by Seller to be defective in material defective, provided that the product shall not have been altered or workmanship during the repaired after shipment to Purchaser by anyone except Seller’s authorized agents or employees. THE FOREGOING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER AND THE SOLE AND EXCLUSIVE LIABILITY OF SELLER FOR DEFECTIVE PRODUCT. WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Any claim no made within this period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaidconclusively deemed waived by Purchaser; provided, and however, notwithstanding the notice requirement contained in the preceding sentence. Purchaser shall be conclusively deemed to have waived any claim based upon, arising out of, or related to any defect that was ascertainable upon inspection of the goods by Purchaser, if Purchaser failed to inspect the goods or to send Seller written notice of all such claims within ten (310) any product return sent days after receipt of goods as set forth in the preceding subsection. No goods are to WGL without prior written approval will be returned to the senderSeller without written authorization, freight collectSeller shall not be liable for any expense incurred by Purchaser in order to remedy any defect in its goods. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made Products manufactured by others but furnished by Seller are limited to the product without express written consent of WGLoriginal manufacturer’s warranty. Title to all products that have been replaced shall thereafter vest in Seller, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific where Purchaser had previously acquired title pursuant to the battery provisions hereof. To the extent that part furnished hereunder are to Purchaser’s specifications and then used or combined by Purchaser with other apparatus or things not furnished herein, the Purchaser agrees to indemnify and save harmless the Seller from all claims resulting from the use or incorporation of said parts in the Purchaser’s product. “IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES (EXCEPT OF TITLE)AND LIABILITIES, EXPRESSED, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY MERCHANTABLITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF ANY PURPOSE AND ANY LIABILITY THE REMEDIES FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USER IN USE OF THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO HEREUNDER. THE USER, FORGOING STATES SELLER’S ENTIRE AND EXCLUSIVE SOLE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE PERFORMANCE THEREOFSALE OF THE PRODUCTS HEREUNDERWHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SELLER WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR CONTINGENT DAMAGE OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS GOODS OR FROM THE SALEUSE AO ANY DEFECTIVE GOODS, DELIVERY, INSTALLATION NOR IS ANY OTHER PERSON AUTHORIZED TO ASSUME FOR SELLER ANY SUCH LIABILITY. SELLER’S LIABILITY FOR LOSSES OR REPAIR COVERED BY DAMAGES ARISINGOUT OF THE SUPPLYING OR FURNISHED UNDER ANY SALE USE OF ITS PRODUCT SHALL IN NO EVENT EXCEED THE PRICE CHARGED FOR THE PRODUCT. THIS WARRANTY SHALL EXTEND ONLY TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, FIRST PURCHASER OF SUCH GOODS FROM SELLER AND SHALL NOT EXCEED THE PURCHASE PRICE BR ASSIGNED OR TRANSFERRED. UNDER NO CIRCUMSTANCES SHALL THIS WARRANTY EXTEND TO A ‘CONSUMER’ AS DEFINED IN SECTION 2301 OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDXXXXXXXX-XXXX WARRANTY- FEDERAL TRADE COMMISSION IMPROVEMENT ACT, 15 U.S.C. SECTION 2301 ET SEQ” DEVIATIONS IN AMOUNT MANUFACTURED: Goods manufactured by Seller to meet Purchaser’s instructions, specifications, or requirements which are not included in Seller’s standard line of products are subject to a plus or minus deviation of ten percent (10%) in quantity and Purchaser will accept and pay for such goods at the unit price stated on the face hereof and goods are subject to manufacturer’s AOL standards. CLAIMS: Claims for error in weight or shortage of goods must be presented within ten (10) days from the date of receipt of goods and must state the packing slip number and claim of shipment. Any claim for error in weight or shortage not presented in accordance with this provision will be conclusively deemed waived. CORRECTIONS: Typographical or clerical errors contained in the contract, including prices, are subject to correction by Seller. TAXES: Prices specified do not include sales, excise or other taxes arising out of or relating to this order or the goods delivered except as otherwise specifically stated on the face hereof. All such taxes are the responsibility of the Purchaser claims it is exempt from tax, it shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

Warranty and Limitation of Liability. WARRANTY WGL 10.1 Supplier warrants that each battery product manufactured Product sold to Distributor hereunder will (i) be free from defects in materials and workmanship, (ii) be in compliance with ISO 9001 standards by WGL *** , (iii) be manufactured, packaged, and delivered to labeled in accordance with the user (a) shall meet the WGL specifications for such battery product then prevailing Product Specifications, and (biv) shall be free of defects in material and workmanship for have a period of twelve (12) months from remaining shelf-life at the date of manufactureshipment of at least twenty-four (24) months (the "Warranty Period"). WGLIf Distributor provides notice to Supplier during the Warranty Period that a Product breaches this warranty, Distributor shall, if requested by Supplier, return such Product to Supplier, or if not so requested, dispose of such Product in accordance with Supplier's instructions. The sole obligation under this Warranty is and exclusive remedy in the repair or replacement, at its election, event of any battery cell breach of the foregoing warranty is either (i) for the Distributor to so return or pack dispose of the defective Products to Supplier (delivery or postage prepaid by Supplier) for replacement in place accordance with its standard warranty procedures, or (ii) for a refund of any the price paid by the Distributor for the defective Product if the Supplier is unable to replace such product which is found upon WGL's inspection, to be defective in material Products within a reasonable time period or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collectat a commercially reasonable cost. This Warranty warranty does not apply extend to depletionany damage or failure which results from alteration, wear and/or any failure occurring as a result of any of the following: normal useaccident, theft, misuse, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installationabnormal use, or any other use inconsistent with the specifications improper storage or warnings or recommended operating practices specific to the battery productmaintenance by Distributor. THE DISTRIBUTOR ACKNOWLEDGES THAT SUPPLIER'S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE PRODUCTS AND THE DISTRIBUTOR'S APPOINTMENT ARE EXHAUSTIVELY DEFINED IN THIS WARRANTY IS AGREEMENT. THE DISTRIBUTOR AGREES THAT THE EXPRESS OBLIGATIONS AND WARRANTIES MADE BY SUPPLIER UNDER THIS AGREEMENT SHALL BE IN LIEU OF ALL AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER WARRANTIES (EXCEPT -------------------- ***Confidential treatment requested 11 WARRANTY, CONDITION, TERM OR UNDERTAKING OF TITLE)ANY KIND, EXPRESSED, EXPRESS OR IMPLIED, STATUTORY OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OTHERWISE RELATING TO ANYTHING SUPPLIED UNDER OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USER, IN CONNECTION WITH THE PERFORMANCE THEREOFTHIS AGREEMENT INCLUDING (WITHOUT LIMITATION) AS TO CONDITION, OR FROM THE SALEMERCHANTABILITY, DELIVERY, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDAND QUALITY.

Warranty and Limitation of Liability. WARRANTY WGL warrants that each battery product manufactured All Goods and Services furnished by WGL and delivered to SRI in accordance with the user (a) shall meet the WGL specifications for such battery product and (b) Order shall be free of material defects in material and workmanship for a period of twelve (12) months one year from shipment or completion of Services. In the date event of manufacture. WGL's sole obligation under any failure to conform to this Warranty is the repair or replacementWarranty, SRI shall at its electionoption and expense either repair the defect, correct the service or provide replacement Goods. SRI shall not be responsible for costs of any battery cell dismantling or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during reassembling the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THE WARRANTIES SET FORTH IN THIS WARRANTY IS IN LIEU OF ALL PARAGRAPH ARE SRI’S SOLE AND EXCLUSIVE WARRANTIES. XXX MAKES NO OTHER WARRANTIES (EXCEPT OF TITLE)ANY KIND WHATSOEVER, EXPRESSEDEXPRESS, IMPLIED, ORAL, WRITTEN OR STATUTORYOTHERWISE INCLUDING WITHOUT LIMITATION, INCLUDING ANY WARRANTY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF WGL AND/NO EVENT SHALL SRI OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USEROF ITS DIRECTORS, IN CONNECTION WITH THE PERFORMANCE THEREOFOFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM THE SALECLAIMS RELATED TO LOSS OF PROFITS OR REVENUE, DELIVERYLOSS OF USE OF EQUIPMENT OR OTHER DOWN TIME COSTS, INSTALLATION OR REPAIR COVERED WHETHER CLAIMED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON REASON OF BREACH OF WARRANTY, BREACH OF CONTRACT, WARRANTYINDEMINITY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, CONTRIBUTION OR OTHERWISE. SRI shall have no liability for, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDand Customer shall indemnify and hold SRI harmless from claims arising from, any roll design, specifications, or other roll conditions or descriptions furnished by Customer or any other party. Customer accepts sole responsibility for the use of any technical information associated with the condition of the roll as delivered to SRI. Customer and SRI acknowledge that industrial roll service life and functionality has extreme variability which is principally a function of Customer’s operation and maintenance of the roll in service. Any warranty by SRI shall be null and void and any claim deemed waived if Customer fails to deliver its claim in writing to SRI within fifteen (15) days of the date the defect to which a claim relates is discovered or should have been discovered.

Warranty and Limitation of Liability. WARRANTY WGL USF shall use reasonable efforts to obtain warranties or representations from its suppliers that the goods to be furnished hereunder are pure, unadulterated, and of first rate quality and that they shall be merchantable and fit for the ordinary purpose for which they are intended. USF warrants that each battery product manufactured by WGL its Exclusive Brand Products are pure, unadulterated, and delivered to the user (a) shall meet the WGL specifications for such battery product of first rate quality and (b) that they shall be free of defects in material merchantable and workmanship fit for a period of twelve (12) months from the date of manufactureordinary purpose for which they are intended. WGL's sole obligation USF warrants that the services to be performed by it under this Warranty is the repair or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL Agreement shall be prepaidperformed in a professional, workmanlike and (3) any product return sent to WGL without prior written approval will be returned to the sendertimely manner by competent personnel. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 10, freight collect. This Warranty does not apply to depletionALL WARRANTIES, wear and/or any failure occurring as a result of any of the following: normal useGUARANTEES, abuseAND REPRESENTATIONS, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, EITHER EXPRESSED OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING OR STATUTORYOTHERWISE, INCLUDING ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. ------------------ LIMITATION EXCEPT FOR ANY RECKLESS OR WILLFUL VIOLATION OF LIABILITY THE REMEDIES THIS AGREEMENT OR A BREACH BY CUSTOMER OF ITS CONFIDENTIALITY OBLIGATIONS OR RELATING TO USF'S INTELLECTUAL PROPERTY, NEITHER PARTY SHALL IN ANY WAY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, EVEN IF IT IS ADVISED OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVEPOSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USERUSF shall defend, IN CONNECTION WITH THE PERFORMANCE THEREOFindemnify and hold harmless Customer for damage to property or injury or death to persons arising out of the gross negligence or willful misconduct of USF arising under this Agreement, OR FROM THE SALEincluding but not limited to any claim which results from a product that was adulterated or misbranded (when bearing labels furnished by USF) within the meaning of the Federal Food, DELIVERYDrug, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACTand Cosmetic Act, WARRANTYas amended, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDdue to the gross negligence or willful misconduct of USF.

Warranty and Limitation of Liability. WARRANTY WGL The Company warrants that each battery product manufactured by WGL and delivered it has title to the user (a) shall Product sold hereunder and warrants that the Product meet the WGL Company's internal specifications, unless alternative specifications have been agreed to in writing by the Company. The conditions of any tests designed to resolve any alleged breach of warranty shall be mutually agreed upon and the Company shall be notified and may be represented at all such tests. If any Product delivered hereunder fails to meet the above stated warranties within sixty (60) days of delivery to the Distributor or resale, whichever is first to occur, and the Company is immediately notified, then the Company shall replace the items of Product which fail to meet the warranty, F.O.B. the Company's plant or, in the Company's discretion, refund the purchase price for such battery product and (b) shall be free items of defects in material and workmanship for a period of twelve (12) months from Product which fail to meet the date of manufacturewarranty. WGL's sole obligation under this Warranty is the repair or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. -- THE WARRANTIES STATED IN THIS WARRANTY IS SECTION 11 ARE IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE)WARRANTIES, EXPRESSEDWRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES USE, OR SUITABILITY OF THE USER PRODUCT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, PURPOSE AND USES OF THE DISTRIBUTOR (OR ANY PARTY CLAIMING BY OR THROUGH THE DISTRIBUTOR). -- THE TOTAL LIABILITY OF WGL AND/THE COMPANY ON ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR ANY WGL DISTRIBUTOR PATENT INFRINGEMENT), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, CONNECTED WITH RESPECT TO PRODUCT SOLD TO THE USER, IN CONNECTION WITH OR RESULTING FROM THE PERFORMANCE THEREOF, OR NON-PERFORMANCE OF THIS AGREEMENT OR FROM THE MANUFACTURE, SALE, DELIVERY, INSTALLATION RESALE, REPAIR, REPLACEMENT OR REPAIR COVERED BY USE OF ANY PRODUCT OR FURNISHED UNDER THE FURNISHING OF ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISESERVICE, SHALL NOT EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. Except as to title, any such liability shall terminate upon the expiration of the warranty period specified above. -- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY BE LIABLE FOR LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE BATTERY PRODUCT OR WGL BATTERY ASSEMBLY UPON WHICH ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, LOSS OF PURCHASE POWER, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR CLAIMS OF CUSTOMERS OF THE DISTRIBUTOR FOR ANY OF THE FOREGOING ITEMS. The Distributor shall indemnify the Company against any such claims from its customers. -- If the Company furnishes the Distributor with advice or other assistance concerning any Product, systems or work which is not required pursuant to this Agreement, the furnishing of such advice or assistance will not subject the Company to any liability, whether in contract, indemnity, warranty, tort (including negligence), delict, quasi-delict, strict liability or otherwise. -- In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise shall the Company be liable for any loss or damage to the property of the Distributor which is recoverable from insurance maintained by the Distributor, and the Distributor waives rights of recovery against the Company for such loss or damage to the extent covered by such insurance. -- As used in this Section 11, the term "Company" shall include GE Petrochemicals, Inc., General Electric Company, its affiliated companies (as presently or hereafter constituted) and directors, officers, employees, agents, vendors, subcontractors, or suppliers of General Electric Company and its affiliated companies. -- The provisions of this Section 11 shall not relieve the Company of any obligations under the "Warranties" and "Patents" Articles included in the Conditions of Sale. -- THE DISTRIBUTOR HAS NO AUTHORIZATION TO MAKE ANY REPRESENTATION, STATEMENT OR WARRANTY ON BEHALF OF THE COMPANY RELATING TO ANY PRODUCT SOLD HEREUNDER OTHER THAN EXPRESSLY PROVIDED BY THE TERMS OF THE WARRANTY AND LIMIT OF LIABILITY IN THIS SECTION 11. IF THE DISTRIBUTOR, NEVERTHELESS DOES MAKE ANY SUCH LIABILITY IS PLACEDREPRESENTATION, STATEMENT OR WARRANTY, THE SOLE RESPONSIBILITY THEREFOR SHALL BE THAT OF THE DISTRIBUTOR.

Warranty and Limitation of Liability. WARRANTY WGL warrants that each battery product manufactured by WGL To activate the warranty, Buyer must sign and delivered return to the user TDI (a) shall meet the WGL specifications for such battery product Proposal and (b) shall fully completed warranty registration cards, which Buyer will receive with the System. Seller warrants to Buyer, for a period of one year from the date of delivery of the System to Buyer or for 2000 operating hours, whichever occurs first, that the System or Accessory Product(s) will be free of from defects in material and workmanship for a period workmanship. An extension of twelve (12) months from the date of manufacture. WGL's sole obligation under this Limited Warranty is the repair or replacementavailable for an additional charge. OTHER THAN THE FOREGOING, at its electionNO WARRANTY OR GUARANTEE, of any battery cell or pack in place of any such product which is found upon WGL's inspectionWHETHER STATUTORY, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF AS TO MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSEANY PURPOSE IS MADE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE EXPRESS WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY BY THE TOTAL LIABILITY OF WGL AND/BUYER HEREUNDER FOR ANY SYSTEM OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD ACCESSORY PRODUCTS DELIVERED TO THE USERBUYER WHICH ARE FOUND TO BE DEFECTIVE IN ANY MANNER, WHETHER SUCH REMEDIES BE IN CONNECTION WITH THE PERFORMANCE THEREOF, OR FROM THE SALE, DELIVERY, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITYTORT, STRICT LIABILITY, OR OTHERWISEBY LAW. OTHER THAN AS SET FORTH HEREIN, SELLER SHALL UNDER NO CIRCUMSTANCE BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM SUCH MERCHANDISE, INCLUDING LOST USE, LOST PRODUCT, LOST REVENUE, LOST PROFITS, COST OF CAPITAL, OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. If during the warranty period, the System or an Accessory Product fails to meet the Specifications, Buyer shall notify in writing of the specific nature of the failure and all-pertinent observations related to the failure. Seller does not represent or warrant that Systems or Accessory Products sold by it complies with OSHA or any like state, local, or national law or regulation, and the cost of modification and responsibility for such compliance is imposed upon Buyer. Equipment must be used in a non-condensing, low-humidity, dry environment, unless explicitly exempted by TDI in writing. THE TOTAL CUMULATIVE LIABILITY OF SELLER TO BUYER FOR ANY CLAIM OF ANY KIND, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE SALE OR SERVICING OF THE PRODUCTS HEREIN, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY SYSTEM OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACED.ACCESSORY PRODUCT. BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER FROM ALL CLAIMS ARISING IN WHOLE OR IN PART ON ACCOUNT OF IMPROPER USE, ABUSE, MISUSE, USE NOT IN ACCORDANCE WITH SELLER’S RECOMMENDATIONS SET FORTH IN THE OPERATION, MAINTENANCE AND SYSTEM MANUALS SUPPLIED BY SELLER, OR BUYER’S FAILURE TO PERFORM UNDER THIS AGREEMENT. Warranty coverage excludes cost of delivery to and from Seller’s determined facility. All units that the customer wishes to have repaired under warranty shall be accompanied by a TDI issued Returned Material Authorization (RMA) and must be sent to Xxxxxxxx Direct at Buyer’s expense. A service fee of $500.00 will be charged for products sent to Seller for warranty repair, which are found to comply with the Specifications. Seller reserves the right to suspend any and all warranties if the Buyer has a delinquent account. The System and Accessory Products are sensitive. To qualify for the warranty set forth in this Agreement, the System and Accessory Products warranted must be repaired by knowledgeable and specially trained TDI personnel only. Accordingly, warranty coverage will be void in its entirety upon any sign or evidence of

Warranty and Limitation of Liability. WARRANTY WGL warrants that each battery product manufactured Services provided by WGL and delivered to the user (a) shall meet the WGL specifications for such battery product and (b) Kryptronic hereunder shall be free performed in a professional and workmanlike manner and shall substantially conform with the description of defects Services set forth in material the Package selected by Customer for the duration of the Agreement and workmanship for a period any renewals thereof. Should Vendor breach this warranty, Customer shall so notify Vendor in writing, and Vendor shall use reasonable diligence to remedy such breach within thirty (30) days of twelve (12) months from receipt of Customer's notice. Should Vendor fail to remedy the date of manufacture. WGL's sole obligation under this Warranty is the repair or replacementbreach within that time, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL Customer shall be prepaidentitled to a reasonable abatement of fees hereunder. EXCEPT AS PROVIDED IN THIS PARAGRAPH, and (3) any product return sent to WGL without prior written approval will be returned to the senderALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, freight collect. This Warranty does not apply to depletionINCLUDING, wear and/or any failure occurring as a result of any of the following: normal useWITHOUT LIMITATION, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY TITLE, MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES IN NO EVENT SHALL KRYPTRONIC BE LIABLE TO RESELLER OR CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE USER FEES ACTUALLY PAID BY CUSTOMER TO RESELLER FOR SERVICES PROVIDED HEREUNDER. IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVENO EVENT SHALL KRYPTRONIC BE LIABLE FOR INDIRECT, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USERSPECIAL, IN CONNECTION WITH THE PERFORMANCE THEREOFINCIDENTAL, OR FROM THE SALECONSEQUENTIAL DAMAGES, DELIVERYINCLUDING, INSTALLATION WITHOUT LIMITATION, LOSS OF PROFITS OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER INTERRUPTION OF BUSINESS, WHETHER BASED ON SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH POSSIBILITY OF SUCH LIABILITY IS PLACEDDAMAGES. The foregoing limitations include and apply to, without limitation, any liability arising out of the performance or failure to perform of any hardware, software, or Internet connection, from any errors, omissions, interruptions in or failure to provide Internet service; from interruptions in web page availability; from the consequences of computer viruses transferred over the Internet or otherwise; or from communication line failure, breach of security due to use of the Internet, or any loss of information or confidentiality due thereto. Trademarks and Publicity. Reseller agrees not to use any of Kryptronic’s trademarks, trade names, service marks, corporate names or logos or those of its affiliates (“Marks”) on any press release, advertising or marketing materials without Kryptronic’s prior written consent. Reseller agrees not to interfere or cause any third party to interfere with Kryptronic’s intellectual property rights. Reseller acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Reseller has not acquired and will not acquire any ownership rights therein. Reseller will not alter the text or graphics in any artwork provided by Kryptronic. Reseller acknowledges Kryptronic’s ownership of the Marks and agrees not to challenge such ownership rights and agrees that all use thereof inures to the benefit of Kryptronic. Kryptronic has the right to discontinue or alter the form, shape or artwork of the Marks. Reseller will maintain high-quality standards in the use of the Marks and not publish illegal materials or engage in illegal business activities in conjunction with any use of the Marks. Reseller will not use the Marks to disparage Kryptronic, its products or services, and agrees to abide by these terms and conditions. If Reseller is unable or unwilling to fully comply with these terms and conditions, Reseller’s rights to use any of the Marks will terminate and Reseller will immediately cease all use of the Marks. Kryptronic reserves the right to review any and all of Reseller’s use of the Marks to determine if such use is in compliance with this policy. Both parties may publicly release information related to this Agreement only with the written consent of the other party for each public statement or document.

Warranty and Limitation of Liability. WARRANTY WGL Seller warrants that each battery product manufactured by WGL and delivered to the user (a) shall meet the WGL specifications for such battery product and (b) shall be free of defects in material and workmanship for a period of twelve (12) months two years from the date of manufactureshipment all of the goods delivered will be of the kind designated or specified (normal wear and tear excepted). WGL's sole obligation under this Warranty is the repair or replacement, at its election, on batteries of any battery cell or pack kind, including rechargeable batteries, lasts one year from the date of shipment. Seller shall be promptly notified in place writing by Purchaser of any failure to meet this warranty. The conditions of any test designed to resolve any alleged breach of warranty shall be mutually agreed upon, and Seller shall be notified of and may be represented in all such product which is tests that may be made. Seller’s obligation to Purchaser with respect to any goods found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaidlimited to (at Seller’s sole option) replacing or repairing such goods at Seller’s facility (labor charges not included) or such other point as Seller may designate, and (3) provided that written notice of such defect is received by Seller from Purchaser within two years from the date of shipment by Seller. Any claim not made within such two year period shall be conclusively deemed waived by Purchaser; provided, however, notwithstanding the notice requirement contained in the preceding sentence, if Purchaser failed to inspect the goods or to send Seller written notice of all claims within ten days of receipt of goods, as set forth in the preceding subsection, Purchaser shall be conclusively deemed to have waived any product return sent claim against Seller based upon, arising out of, or related to WGL without prior written approval will any defect that was ascertainable upon adequate inspection of the goods. No goods are to be returned to the senderSeller without its written authorization. There will be a twenty percent (20%) restocking fee in addition to any shipping costs incurred as well as Seller’s technician’s expense and repair costs, freight collectif applicable, for any returned product. This Warranty does If warranty service is required at Purchaser’s location, labor and travel charges shall apply. Seller shall not apply be liable for any expense incurred by Purchaser in order to depletionremedy any defect in its goods. Title to all goods that have been replaced shall thereafter vest in Seller, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made where Purchaser had previously acquired title pursuant to the product without express written consent provisions hereof. If goods furnished to Purchaser's specifications are used or combined by Purchaser with other products or items not furnished herein, Purchaser shall indemnify and hold harmless Seller from all claims resulting from the use or incorporation of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery such goods in Purchaser's product. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES (EXCEPT OF TITLE)AND LIABILITIES, EXPRESSED, EXPRESSED OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF ANY PURPOSE AND ANY LIABILITY THE REMEDIES FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USER IN USE OF THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, GOODS SOLD HEREUNDER. THE FOREGOING STATES PURCHASER'S SOLE AND THE TOTAL EXCLUSIVE REMEDY AND SELLER'S SOLE AND EXCLUSIVE LIABILITY FOR ANY CLAIM OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USER, DAMAGES IN CONNECTION WITH THE PERFORMANCE THEREOFSALE OF GOODS HEREUNDER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR CONTINGENT DAMAGE OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS GOODS OR FROM THE SALEUSE OF ANY DEFECTIVE GOODS, DELIVERY, INSTALLATION NOR IS ANY OTHER PERSON AUTHORIZED TO ASSUME FOR SELLER ANY SUCH LIABILITY. SELLER'S LIABILITY FOR LOSSES OR REPAIR COVERED BY DAMAGES ARISING OUT OF THE SUPPLY OR FURNISHED UNDER ANY SALE USE OF ITS GOODS SHALL IN NO EVENT EXCEED THE PRICE CHARGED FOR THE GOODS. THIS WARRANTY SHALL EXTEND TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, FIRST PURCHASER OF SUCH GOODS FROM SELLER AND SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY BE ASSIGNED OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACED.TRANSFERRED. 00 Xxxx Xxxx, Huntington, NY 11743 Tele: 000-000-0000 Fax: 000-000-0000 Visit our website: xxx.xxx-xxx.xxx 0000 Xxxxxx Xxxxxxxx Parkway Hudson, OH 44236 Tele: 000-000-0000 Fax: 000-000-0000 Visit our website: xxx.xxxx-xxx.xxx EQUIPMENT SALES AND INSTALLATION TERMS AND CONDITIONS‌‌ The Equipment Distributor and the Equipment Purchaser, intending to be legally bound hereby, each in consideration of the representations, covenants, and agreements of the other as set forth herein, mutually represent, covenant, and agree as follows:

Warranty and Limitation of Liability. WARRANTY WGL Seller warrants that each battery product manufactured all goods, services and work supplied by WGL and delivered Seller (collectively referred to the user (a) shall meet the WGL specifications for such battery product and (bthroughout as “Goods”) shall be free of defects in material and workmanship for a period of twelve (12) months from the date of manufacture. WGL's sole obligation under this Warranty is the repair or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal usetype stated on the corresponding sales invoice issued by Seller, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery productexcept as otherwise set forth in these Terms. THIS THE FOREGOING WARRANTY IS IN LIEU OF SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS. ALL OTHER WARRANTIES (EXCEPT OF TITLE)WARRANTIES, EXPRESSED, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR OF AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVEBuyer waives all warranty claims, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD if any, related to Goods not raised within 30 days of delivery of such Goods. Buyer is encouraged to test any Goods at Seller’s facility, during normal business hours, to confirm the Goods meet Xxxxx’s expectations. Buyer acknowledges it is not relying on Seller to select the Goods or determine the appropriateness of the Goods for Buyer’s intended use. Goods purchased on the basis of weight are subject to customary quantity variations recognized by practice in the industry. Seller’s liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed a sum equal to the amount of the purchase price paid by Buyer for the Goods at issue. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE USEROTHER FOR ANY SPECIAL, IN CONNECTION WITH THE PERFORMANCE THEREOFINDIRECT OR CONSEQUENTIAL DAMAGES. The price stated for the Goods is consideration for limiting Seller’s liability. The parties intend the exclusion of consequential damages as an independent agreement apart from the sole and exclusive remedy herein. Buyer’s sole remedy, OR FROM THE SALEwhether in contract, DELIVERYtort, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACTunder any warranty, WARRANTYin negligence or otherwise, NEGLIGENCEshall be a refund of the purchase price paid by Buyer or replacement of the Goods, INDEMNITYat Seller’s election. This remedy is intended to be the sole and exclusive remedy of the Buyer under this Agreement and for any breach of warranty, STRICT LIABILITYif any. No action by Xxxxx, OR OTHERWISEregardless of form, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDarising out of this transaction, may be brought by Buyer more than one (1) year after the date of this Agreement. Nothing contained in this section is intended to be a warranty extending to the future performance of Goods.

Warranty and Limitation of Liability. WARRANTY WGL warrants (For the purposes of this Section 7, Cabletron Systems, Inc. and its software suppliers and licensors are collectively referred to as "Cabletron".) The only warranty Cabletron makes to You in connection with this license of the Licensed Materials is that each battery product manufactured by WGL the media on which the Licensed Software is recorded will be replaced without charge, if Cabletron in good faith determines that the media and delivered proof of payment of the license fee are returned to Cabletron or the user dealer from whom it was obtained within ninety (a90) shall meet the WGL specifications for such battery product and (b) shall be free days of defects in material and workmanship for a period of twelve (12) months from the date of manufacturepayment of the license fee. WGL's sole obligation under this Warranty Cabletron has tested its software with current virus checking technologies. However, because no anti- virus system is 100% reliable, we strongly caution You to write protect and then verify that the repair Licensed Software, prior to installing it, is virus-free with an anti-virus system in which You have confidence. Cabletron makes no representations or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge warranties to the user provided thateffect that the Licensed Software is virus- free. CABLETRON MAKES NO WARRANTY OR REPRESENTATION, (1) prior written approval is required before returning any productEXPRESSED OR IMPLIED, (2) freight to WGL shall be prepaidWITH RESPECT TO THE LICENSED SOFTWARE, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collectAND IT IS LICENSED "AS IS". This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS THE WARRANTY IS AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORYWARRANTIES, INCLUDING ANY WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. ------------------ LIMITATION ONLY TO THE EXTENT SUCH EXCLUSION OF LIABILITY IMPLIED WARRANTY(IES) IS NOT PERMITTED BY LAW, THE REMEDIES DURATION OF ANY IMPLIED WARRANTY(IES) IS LIMITED TO THE USER IN DURATION OF THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVEABOVE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE TOTAL LIABILITY OF WGL AND/LICENSED MATERIALS. IN NO EVENT WILL CABLETRON OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO OTHER PARTY WHO HAS BEEN INVOLVED IN THE USERCREATION, IN CONNECTION WITH THE PERFORMANCE THEREOFPRODUCTION, OR FROM DELIVERY OF THE SALELICENSED MATERIALS BE LIABLE FOR SPECIAL, DELIVERYDIRECT, INSTALLATION INDIRECT, INCIDENTAL OR REPAIR COVERED BY CONSEQUENTIAL DAMAGES TO ANY PARTY, INCLUDING LOSS OF DATA OR FURNISHED UNDER PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF CABLETRON OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CABLETRON OR SUCH OTHER PARTY'S LIABILITY FOR ANY SALE DAMAGES OR LOSS TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, YOU OR OTHERWISE, SHALL NOT ANY OTHER PARTY EXCEED THE PURCHASE PRICE OF LICENSE FEE YOU PAID FOR THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDLICENSED MATERIALS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This warranty gives You specific legal rights, and You may also have other rights which vary from state to state.

Warranty and Limitation of Liability. All Services provided under this Conferencing Agreement are provided on an “as is” And “AS AVAILABLE” basis, and Telava shall not have any liability to any party, including but not limited to Customer, for the content of information transmitted by Customer through the services or any loss, delay, interruption or inaccuracy of such communications. Telava DISCLAIMS any AND ALL representations, warranties or covenants, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement regarding the Services. TELAVA MAKES NO WARRANTY WGL warrants that each battery product manufactured OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY MATERIAL, AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. TELAVA, nor its suppliers, shall in any event be liable for any special, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OTHER MONETARY LOSS; LOSS OR INTERRUPTION OF DATA, COMPUTER TIME OR VOICE TRANSMISSIONS; ALTERATION OR ERRONEOUS TRANSMISSION OF DATA; ACCURACY OF DATA; UNAUTHORIZED ACCESS TO OR USE OF VOICE OR DATA PROCESSED OR TRANSMITTED BY, TO OR THROUGH THE SERVICE; OR PROGRAM ERRORS) EVEN IF TELAVA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Telava shall not be liable for any failure to perform, or delay in performance of, its obligations under this Conferencing Agreement caused by WGL and delivered reasons beyond Telava’ control. In no event shall Telava’ total liability to Customer arising under this Conferencing Agreement, whether such theory of liability is based in contract, tort or otherwise, exceed an amount equal to the user (a) shall meet charges by Telava to customer for the WGL specifications for such battery product and (b) shall be free of defects in material and workmanship for a particular service performed by Telava during the one month period of twelve (12) months from immediately prior to the date of manufacture. WGL's sole obligation under this Warranty is the repair event, act or replacement, at its election, of any battery cell or pack in place of any such product which is found upon WGL's inspection, to be defective in material or workmanship during the period prescribed above. Such product will be repaired or replaced without charge omission giving rise to the user provided that, (1) prior written approval is required before returning any product, (2) freight to WGL shall be prepaid, and (3) any product return sent to WGL without prior written approval will be returned to the sender, freight collect. This Warranty does not apply to depletion, wear and/or any failure occurring as a result of any of the following: normal use, abuse, misuse, any alteration or modification made to the product without express written consent of WGL, attempted disassembly, neglect, improper installation, or any other use inconsistent with the specifications or warnings or recommended operating practices specific to the battery product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. ------------------ LIMITATION OF LIABILITY THE REMEDIES OF THE USER IN THE WARRANTY SET FORTH ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF WGL AND/OR ANY WGL DISTRIBUTOR WITH RESPECT TO PRODUCT SOLD TO THE USER, IN CONNECTION WITH THE PERFORMANCE THEREOF, OR FROM THE SALE, DELIVERY, INSTALLATION OR REPAIR COVERED BY OR FURNISHED UNDER ANY SALE TO THE USER WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE BATTERY OR WGL BATTERY ASSEMBLY UPON WHICH SUCH LIABILITY IS PLACEDliability.