Common use of WARRANTY DISCLAIMER; LIMITATION OF LIABILITY Clause in Contracts

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied with the agreed terms of payment, IDENTEC warrants, subject to the conditions hereunder, that at the time of delivery of the Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in connection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC is willing and able to repair, replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied with the agreed terms of payment, IDENTEC CERTUS warrants, subject to the conditions hereunder, that at the time of delivery of the Products to Customer or usage of the Products, whatever occurs first, they will conform to IDENTECCERTUS’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC CERTUS will use its best efforts to either repair, replace, or refund the purchase price for any Product found by IDENTEC CERTUS to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC CERTUS information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTECCERTUS, in accordance with IDENTECCERTUS’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC CERTUS catalogues, advertisements, or other promotional materials or statements or representations made by IDENTECCERTUS’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTECCERTUS. No employee or sales representative of IDENTEC CERTUS shall have any authority whatsoever to establish, expand or otherwise modify IDENTECCERTUS's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC CERTUS shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or in connection with the Products sold. This warranty shall not be deemed to have failed of its essential purpose so long as IDENTEC CERTUS is willing and able to repair, replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied with Seller will exercise care to have and deliver the agreed terms of payment, IDENTEC warrants, subject Products true to the conditions hereunderOrder. However, no express or implied REPRESENTA- TIONS or warranties of any kind apply to the products that at are the time subject of delivery this agree- ment. All products are provided “as is” and “with all faults.” SELLER HEREBY expressly DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (A) of MER- CHANTABILITY AND FITNESS FOR a particular PURPOSE, AND (B) AS TO THE DESCRIP- TION, QUALITY, PURITY, GENETIC STABILITY, PRODUCTIVENESS, FREEDOM FROM ANY DISEASE, INSECTS, PATHOGEN or VIRUS, OTHER LATENT DEFECT or any other matter relating to the products. PRIOR EXHIBITION OR PROVISION OF PRODUCT SAMPLES, MODELS or pictures of Products to Customer or usage of the Products, whatever occurs first, they SHALL NOT CREATE AN EXPRESS OR IMPLIED XXXXXX- XX THAT THE products being provided will conform to IDENTECsuch samples, models or pictures. Seller will provide to Buyer a 100% credit for vines that fail to grow not to exceed a 2-1/2% loss (calculated from the prior year invoice and assuming the lowest grade vines delivered failed to grow); provided that Buyer notifies Seller of loss in writing no later than August 1st following planting, not to exceed 2-1/2% of vines planted no later than April 30th; and provided further, that all other terms of this Agreement have been met. BUYER AGREES THAT “GREEN-POTTED” or “MIST-PROPAGATED” VINES ARE SOLD AS-IS AND NO REPLACEMENT CREDIT SHALL BE PROVIDED UNDER ANY CIRCUMSTANCES. Seller’s applicable specifications. Each Product liability under this Agreement shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replace, or refund in no event exceed the purchase price paid for any Product found the PRODUCTS by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2buyer. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC Seller shall not be liable for transportationany indirect, labor incidental or consequential damages, including but not limited to, economic loss, lost profits, growing costs, inspection, TRANSPORTA- TION and other charges services and expenses relating to the products provided, HOWEVER CAUSED, INCLUDING EVENTS OF MISDESCRIPTION, INADEQUACY OR FAILURE OF THE PRODUCTS. RETURN POLICY: Except for adjustmentsNonconforming Products (defined Section 7 below), repairsBuyer requests for Product returns are within the sole and absolute discretion of Seller. If Seller agrees to accept Product returns, replacements Products must be in the same condition as when delivered, and in full, undisturbed bundles. CLAIMS: Buyer may reject or revoke its acceptance of partsthe Products delivered only if the nonconformity in such Products is substantial. Nonconformity means Prod- ucts that are clearly unplantable due to defects (“Nonconforming Products”). No nonconformity or defect in any lot, installationinstallment or unit shall constitute grounds for claim- ing breach of the whole Agreement and any lots, installments or units not in dispute shall be paid for separately regardless of dispute as to other workdeliveries or undelivered Products. Because the Product is perishable and subject to rapid deterioration if not properly cared for, Buyer must notify Seller in writing (which may be done upon by facsimile) within 2 business days after receipt of the Products, which period of time is expressly agreed to be reasonable of (a) of any shortage in quantity of Products, or in connection with (b) any claimed Non- conforming Product. If Buyer does not give Seller such notice, including an explanation of the Products sold. This warranty basis of its claim and return such claimed Nonconforming Product to Seller within the 2 day period, Buyer shall not be deemed to have failed irrevocably accepted the Products and receipt of the Order. As soon as practicable, Seller will remedy any shortage in quantity, to the extent feasible pursuant to Section 1 (AVAILABILITY). With respect to noncon- forming Products, Seller will either: (a) replace at its essential purpose so long as IDENTEC is willing and able to repair, replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customer.expense such original Products

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied YOU EXPRESSLY AGREE THAT USE OF NW FERMENTS, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. NW FERMENTS, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NW FERMENTS' LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO TERMINATE THIS AGREEMENT. NW FERMENTS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The material in the site is provided for lawful purposes only. NW Ferments controls and operates this site and uses it for its operations in the state of Oregon, USA. NW Ferments makes no representation that these materials are appropriate or available for use in other locations. If you use the site from other locations, you are responsible for compliance with the agreed terms of payment, IDENTEC warrants, applicable local laws. Price and availability information is subject to the conditions hereunderchange without notice. Indemnification: You agree to defend, that at the time of delivery of the Products to Customer indemnify, and hold NW Ferments harmless from any and all suits, actions, legal or usage of the Productsadministrative proceedings, whatever occurs firstclaims, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedydemands, IDENTEC will use its best efforts to either repairdamages, replaceliabilities, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Productand expenses, including the Product descriptionattorney's costs and costs, invoice number, shipment date, and such allegedly non-conforming Product is returned and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon or arising in connection with the Products sold. This warranty shall not be deemed to have failed a violation of its essential purpose so long as IDENTEC is willing and able to repair, replace this Agreement by you or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made by Customerthrough use of your account.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. 8.1 Once Customer has complied Except for the warranties expressly stated in the Agreement, the Services are provided AS IS. ClearDATA disclaims any implied warranties, including any implied warranties of merchantability and suitability for a particular purpose, and any warranties or representations that arise through a course of dealing. Specifically, but without limitation, ClearDATA does not warrant that the Services or deliverables will be error free or completely accurate. Client acknowledges that the Services do not involve the provision of legal advice or any definitive interpretation of laws or regulations, and ClearDATA does not warrant or represent that the Services or Client’s implementation of any recommendations provided by ClearDATA will result in Client’s full compliance with HIPAA or other legal or regulatory requirements or standards. Client is solely responsible for determining whether it complies with HIPAA and other legal and regulatory requirements applicable to its operations generally. Except for claims arising from a party’s breach of its confidentiality obligations or intentional breach of the other party’s intellectual property rights, neither party nor its affiliates shall be liable to the other for any lost profits, or any indirect, special, incidental, punitive, or consequential loss or damage of any kind arising in connection with the agreed terms of payment, IDENTEC warrants, services provided subject to the conditions hereunderAgreement, that at even if the time party has been advised of delivery or should be aware of the Products possibility of such damages. Notwithstanding anything to Customer or usage of the Productscontrary in the Agreement, whatever occurs firstexcluding: (i) claims arising from a party’s gross negligence, they will conform to IDENTEC’s applicable specifications. Each Product shall be deemed accepted after a period of fourteen (14) days following receipt of the respective Product (defined as “Acceptance”). As Customer’s exclusive remedy, IDENTEC will use its best efforts to either repair, replacerecklessness, or refund the purchase price for any Product found by IDENTEC to have been materially nonconforming at the time intentional tort, (ii) claims arising from a party’s intentional breach of receipt if Customer, promptly (however not later than ten (10) days after Customer’s discovery of the non-conformity) sets forth in writing to IDENTEC information describing in reasonable detail the alleged defect in the Product, including the Product description, invoice number, shipment dateits confidentiality obligations, and such allegedly non-conforming Product is returned (iii) a party’s obligations stated in Section 15 (Indemnification), the maximum aggregate liability of a party and received by IDENTEC, in accordance with IDENTEC’s Hardware Return and Repair Policy as specified in clause 8.12, and within the warranty period pursuant to clause 8.2. Samples, descriptions, representations, and other information concerning Products contained in IDENTEC catalogues, advertisements, or other promotional materials or statements or representations made by IDENTEC’s employees or sales representatives are for general informational purposes only and are not binding upon IDENTEC. No employee or sales representative of IDENTEC shall have any authority whatsoever to establish, expand or otherwise modify IDENTEC's warranty. This limited warranty does not cover normal maintenance or items consumed during normal operation, nor normal wear and tear, misuse, abuse, unauthorized repair or alteration, lack of proper maintenance or damage caused by natural causes such as fire, storm, or flood. IDENTEC shall not be liable for transportation, labor or other charges for adjustments, repairs, replacements of parts, installation, or other work, which may be done upon its affiliates under or in connection with the Products sold. This warranty Agreement shall not be deemed exceed the fees paid and payable for the Statement of Work covering the Services from which the claim arose. The limitations stated in this Section shall apply to have failed any liability arising from any cause of its action whatsoever, whether in contract, tort, strict liability or otherwise, even if the limited remedies stated fail of their essential purpose so long purpose. Nothing in this Subsection precludes a party from seeking specific enforcement, injunctive relief or other equitable remedy. If these limitations as IDENTEC is willing and able written are not permitted by applicable law, they shall apply to repair, replace or refund the purchase price on any defective Products in the manner specified. No allowance will be made for repairs made extent permitted by Customerapplicable law.