Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under this Contract and further warrants for a period of one (1) year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Goods specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be substantially in accordance with limited to one of the following, as selected by Seller's specifications : delivering to Purchaser a replacement for any product or part thereof determined by Seller to be defective; repairing such product or part: or refunding the Goodspurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. THIS SELLER MAKES NO WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY WHETHER EXPRESS OR ARISING BY OPERATION OF LAW COURSE OF DEALING USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTIOIN WITH SELLER'S PRODUCTS OR ANY SALE OR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESTHEREOF. Purchaser must notify Seller promptly and within the warranty period of any claim under this warranty. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shippedfirst purchaser of a product from Seller or Seller's authorized distributor. All claims in respect goods not manufactured by Seller are warranted only to the extent of the Goods must be made in writing to warranties of the original manufacturer. Seller within such 60 day period or be barred. This warranty shall not apply to disclaims any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goodsliability arising from tort, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinionstrict liability, and Seller makes no warranty further disclaims any liability (whether arising under this or any other provision of results to be obtained. Buyer assumes all risks this Contract or otherwise) for any costs (including costs of removal and responsibility for results in the use replacement), liabilities, lost profits, loss of good will or handling of the Goodsany other general, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirectdirect, special, exemplary, punitive, incidental or consequential damages incurred by Purchaser in connection with this Contract or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesany product purchased thereunder.

Warranty; Limitation of Liability. Seller ARIS represents and warrants only that its performance of the Services hereunder is not in breach of any agreement or contract, whether written or oral, between itself and any third party. ARIS represents and warrants that the Goods Services provided hereunder will be performed in a professional, workmanlike and skillful manner consistent with the professional standards and the general customs and practices of the industry. ARIS further warrants that all the Deliverables delivered hereunder will conform to the specifications and requirements set forth in the Work Order(s). Customer must report any apparent deficiencies in the Services and accept or reject the Deliverables within thirty (30) days of the later of the completion of the Services or the date that such deficiencies were reasonably discoverable by Customer within 180 days from the date of completion of such Services. Latent defects which were not reasonably discoverable by Customer within the 180 day period shall be substantially in accordance with Sellerreported by Customer to ARIS as soon as practicable after they were discovered by Customer. ARIS shall correct the defects or deficiencies within 15 days of Customer's specifications report or such additional time as agreed by the parties. If ARIS is unable to re-perform the Services as warranted or correct the defects or deficiencies to the satisfaction of Customer within such time frame, Customer shall be entitled to recover the greater of (a) the fees paid to ARIS for the Goodsdeficient Services, and (b) the Customer's costs of engaging a third party to re-perform the Services or correct the deficiencies. THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY IS AGREEMENT ARE ARIS' EXCLUSIVE AND IS IN LIEU OF WARRANTIES. ARIS DISCLAIMS ALL OTHER IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE AND/PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARIS WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR NON-INFRINGEMENT,INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. ARIS' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.5 TIMES THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT; PROVIDED THAT THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ARIS' INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 5 AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes8 OF THIS AGREEMENT.

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications title to each individual product sold under this Contract and further warrants for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIESa period of twenty four (24) months from ship date, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends but only to Buyer the extent and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund limit of the purchase price paid by Buyer for such individual product, that such product conforms to the Goods or, at specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's option, repair or replacement ’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the Goods shown following, as selected by Seller: delivering to Purchaser a replacement for any product or part thereof determined by Seller to be other than as defective, repairing such product or part, or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THERE OF. Purchaser must notify Seller promptly and within the warranty period of any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted or deficient in qualityonly to the extent of the warranties of the original manufacturer. Seller disclaims any liability arising from tort, including strict liability, and Seller shall not be liable further disclaims any liability (whether arising under this or any other provision of this Contract or otherwise) for any costs (including costs of removal or replacement), including for indirectliabilities, lost profits, loss of good will or any other general, special, exemplary, punitive, incidental or consequential damages incurred by Purchaser in connection with this Contract or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesany product purchased there under.

Warranty; Limitation of Liability. Seller warrants only that title to each individual product sold under the Goods shall be substantially in accordance with Seller's specifications Contract and further warrants for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIESa period of one (l) year after shipment, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends but only to Buyer the extent and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund limit of the purchase price paid by Buyer for such individual product, that such product conforms to the Goods or, at specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's option, repair or replacement ’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the Goods shown following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be other than as defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted or deficient in qualityonly to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be liable responsible for, any liability (whether arising under this or any other provision of the Contract or otherwise) for any costs (including costs of removal and replacement), including for indirectliabilities, lost profits, loss of good will or any other general, direct, special, exemplary, punitive, incidental or consequential damages incurred by Purchaser in connection with the Contract or for lost profits or injury to goodwillany product purchased thereunder, in all cases irrespective of whether arising out Seller was advised of breach the possibility of warranty, negligence, strict liability in tort or other causessuch liability.

Warranty; Limitation of Liability. Seller warrants title to each individual product sold under this Contract and further warrants for a period on one (1) year after shipment, but only to the extent and limit of the purchase price paid for such individual product, that such product conforms to the Goods specifications set for the in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be substantially in accordance with limited to one of the following, as selected by Seller's specifications : delivering to Purchaser a replacement for any product part thereof determined by Seller to be defective; repairing such product or part, or refunding the Goodspurchase price (or an equitable portion thereof) paid for such product or part by Purchaser. THIS SELLER MAKES NO WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED FITNESS FOR PARTICULAR PURPOSE OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER'S PRODUCTS OR ANY SALE OR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESTHEREOF. Purchaser must notify Seller promptly and within the warranty period of any claim under this warranty. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shippedfirst purchaser of a product from Seller or Seller's authorized distributor. All claims in respect goods not manufactured by Seller are warranted only to the extent of the Goods must be made in writing to warranties of the original manufacturer. Seller within such 60 day period or be barred. This warranty shall not apply to disclaims any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goodsliability arising from tort, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinionstrict liability, and Seller makes no warranty further disclaims any liability (whether arising under this or any other provision of results to be obtained. Buyer assumes all risks this Contract or otherwise) for any costs (including costs of removal and responsibility for results in the use replacement), liabilities, lost profits, loss of good will or handling of the Goodsany other general, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirectdirect, special, exemplary, punitive, incidental or consequential damages Incurred by Purchaser in connection with this Contract or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesany product purchased thereunder.

Warranty; Limitation of Liability. Seller warrants only that title to each individual product sold under the Goods shall be substantially in accordance with Seller's specifications Contract and further warrants for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIESa period of five (5) years after shipment, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends but only to Buyer the extent and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund limit of the purchase price paid by Buyer for such individual product, that such product conforms to the Goods or, at specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's option, repair or replacement ’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of the Goods shown following, as selected by Seller: delivering to Purchaser a replacement for any product part thereof determined by Seller to be other than as defective; repairing such product or part; or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXRESS OR ARISING BY OPERATIONS OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTSOR ANY SALE OR USE THEREOF. Purchaser must notify Seller within 30 calendar days of discovery and within the warranty period of any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller or Seller’s authorized distributor. All goods not manufactured by Seller are warranted or deficient in qualityonly to the extent of the warranties of the original manufacturer. Seller disclaims, and shall not be responsible for, any liability arising from tort, including strict liability, and Seller further disclaims, and shall not be liable responsible for, any liability (whether arising under this or any other provision of the Contract or otherwise) for any costs (including costs of removal and replacement), including for indirectliabilities, speciallost profits, exemplaryloss of good will or any other general, punitivedirect, special incidental or consequential damages incurred by Purchaser in connection with Contract or for lost profits or injury to goodwillany product purchased thereunder, in all cases irrespective of whether arising out Seller was advised of breach the possibility of warranty, negligence, strict liability in tort or other causessuch liability.

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKS® “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE DATE IT IS PRESENTED AND MAKES NO REPRESENTATION OR WARRANTY IS EXCLUSIVE CONCERNING POWERPERKS® OR ANY SERVICES PROVIDED HEREUNDER AND IS IN LIEU OF DISCLAIMS ANY AND ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/PURPOSE OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESOTHERWISE. Seller's warranty extends only Customer assumes the entire risk related to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect its use of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities information presented in any way PowerPerks® marketing materials or because of accident, negligence, abuse the Confirmation Notice or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical propertiesany Reduction Notice (or cancellation thereof), and surface and internal conditions, and shall also whether or how Confidential – PP.v.06.01.19 Customer utilizes any such information is entirely Customer’s responsibility. There is no guarantee that email transmissions will be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods secure or error-free or will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses corrupted, lost, or applications of the Goods reflect Seller's opiniondestroyed or arrive late or not at all, and Seller AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerks®, any product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no warranty guarantee as to the continuation or ongoing existence of results PowerPerks® or regarding the value of PowerPerks® or any PowerPerks® information. Customer’s decision to be obtainedenter into this Agreement and any other decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or that of its advisors) and not in reliance on information or statements from AEP Energy. Buyer assumes all risks and responsibility for results in the use or handling of the GoodsIN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, whether used singly or in combination with other productsINDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Buyer THE AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (1) TOTAL AMOUNT CREDITED OR PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, AS THE SOLE AND EXCLUSIVE REMEDY. CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall inspect the Goods immediately after delivery. Buyer's continue to apply even if an exclusive remedy and Seller's sole liability hereunder shall be limited to a refund provided herein fails of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesits essential purpose.

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS AEP ENERGY PROVIDES ALL INFORMATION CONTAINED IN POWERPERKSSM “AS IS,” “AS AVAILABLE” AND SPEAKING ONLY TO EVENTS OR CIRCUMSTANCES ON OR BEFORE THE DATE IT IS PRESENTED AND MAKES NO REPRESENTATION OR WARRANTY IS EXCLUSIVE CONCERNING POWERPERKSSM OR ANY SERVICES PROVIDED HEREUNDER AND IS IN LIEU OF DISCLAIMS ANY AND ALL OTHER WARRANTIESWARRANTIES AND REPRESENTATIONS, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING ANY OBLIGATION TO UPDATE OR CORRECT THE INFORMATION PROVIDED OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/PURPOSE OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESOTHERWISE. Seller's warranty extends only Customer assumes the entire risk related to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect its use of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities information presented in any way PowerPerksSM marketing materials or because of accident, negligence, abuse the Confirmation Notice or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical propertiesany Reduction Notice (or cancellation thereof), and surface and internal conditions, and shall also whether or how Customer utilizes any such information is entirely Customer’s Confidential – PP.v.02.01.17 responsibility. There is no guarantee that email transmissions will be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods secure or error-free or will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses corrupted, lost, or applications of the Goods reflect Seller's opiniondestroyed or arrive late or not at all, and Seller AEP Energy is not liable for any loss or damage in connection therewith. AEP Energy is not acting as Customer’s consultant or advisor and does not provide legal, tax, accounting or other advice, and Customer shall not rely on AEP Energy in evaluating the advantages or disadvantages of PowerPerksSM, any product or service, predictions about savings, future energy prices or any other matter. Customer hereby acknowledges and agrees that AEP Energy makes no warranty guarantee as to the continuation or ongoing existence of results PowerPerksSM or regarding the value of PowerPerksSM or any PowerPerksSM information. Customer’s decision to be obtainedenter into this Agreement and any other decisions or actions it may take, or not take, under this Agreement are, and will be, based solely upon its own analysis (or that of its advisors) and not in reliance on information or statements from AEP Energy. Buyer assumes all risks and responsibility for results in the use or handling of the GoodsIN NO EVENT WILL AEP ENERGY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, whether used singly or in combination with other productsINDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, TANGIBLE OR INTANGIBLE LOSSES, COSTS, EXPENSES OR LOST PROFITS UNDER ANY CAUSE OF ACTION ARISING HEREUNDER, INCLUDING LOSS OF USE OF FACILITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS OR INFORMATION, LOSS OF ANTICIPATED SAVINGS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER A CLAIM ARISES BY STATUTE, IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Buyer THE AGGREGATE LIABILITY OF AEP ENERGY TO CUSTOMER FOR DAMAGES UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (1) TOTAL AMOUNT PAID BY AEP ENERGY TO CUSTOMER UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS OR (2) $500, AS THE SOLE AND EXCLUSIVE REMEDY. CUSTOMER MUST BRING ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUES AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. The foregoing limitations shall inspect the Goods immediately after delivery. Buyer's continue to apply even if an exclusive remedy and Seller's sole liability hereunder shall be limited to a refund provided herein fails of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesits essential purpose.

Warranty; Limitation of Liability. Seller With respect to all disposable or single use products to be delivered hereunder, AtriCure warrants only that such products will be free from defects in workmanship and material, and shall operate in substantial conformity with the Goods documentation, provided that the user of the goods complies with all indications, warnings, cautions and directions contained in such documentation. The foregoing warranties shall expire 60 days from the date of delivery of such disposable or single use products to Buyer. If any capital equipment is delivered hereunder, it may be substantially in accordance with Seller's specifications for the Goodssubject to a separate warranty which will be attached to hereto. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL ANY OTHER WARRANTY OR OBLIGATION OF ATRICURE. ATRICURE MAKES NO OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,PURPOSE WHICH ARE HEREBY DISCLAIMED AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESEXCLUDED BY ATRICURE. Seller's warranty extends only to AtriCure has the option of either replacing defective goods or crediting Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods orsuch goods. In no event shall AtriCure be responsible for incidental, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirectconsequential, special, exemplaryor punitive damages from any defect in the goods or breach of warranty including, punitivebut not limited to, incidental Buyer’s, user’s or consequential any other person’s loss of material or profits, increased expense of operation, downtime or reconstruction of work, or damages or for lost profits or injury to goodwill, whether arising out of any products liability claim and, in no event shall AtriCure’s liability (whether under the theories of breach of contract or warranty, negligence, or strict liability in tort liability) exceed the contract price paid for the goods delivered by AtriCure. These remedies are the exclusive and sole remedies for any breach of warranty. All claims for clerical error or other causesshortage must be made within thirty (30) days of delivery of the goods to Buyer. AtriCure shall be given a reasonable and prompt opportunity to investigate any goods concerning which a claim is made.

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's Buyer’s specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE PURPOSE AND/OR NON-INFRINGEMENT,, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's ’s warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or shall be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's ’s facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact Buyer’s specifications, shall be subject to tolerance tolerances and variations consistent with usual and ordinary trade practices regarding practices, or the parties’ prior course of dealing, with respect to dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance tolerances and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's ’s opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.