Unless otherwise agreed in writing, prices are in US dollars; EX-WORKS FOB, Seller’s facility, Green Island, NY. Any taxes, fees or other assessments or expenses shall be paid by the Buyer. All shipping and transportation charges will be paid directly by Buyer. In the event that Seller pays any such taxes, fees or assessments, then they shall be invoiced to the Buyer.
Seller may, at its sole option extend credit to the Buyer. If Seller extends such credit then invoices will be issued upon shipment, and shall be due, in full, within thirty (30) days from the date of such invoice.
Seller warrants Product is free from defects in materials and workmanship and that Product will meet or exceed Seller’s published specifications in effect on the date of shipment for a period of thirty (30) days, Provided that: 1) The Product is used in a manner that is consistent with Seller’s instructions, as outlined in Seller’s Product Information, in effect at the time of purchase, including but not limited to proper end use, testing, operation, environmental conditions and installation; 2) Product is not subjected to damage due to testing, accident, intentional or reckless damage, or abuse, or act or acts of God; 3) Buyer will return any Product that it wishes to return under this Limited Warranty to Seller, and will provide information regarding the conditions under which the Product failed or did not meet Seller’s published specifications; and 4) that commercially reasonable documentation of the use and treatment of the Product is maintained and provided to Seller.
Seller's sole obligation to Buyer shall be limited to replacing or repairing, at its option, any nonconforming Product that has been properly returned to Seller by Buyer within the warranty period.
Each of Buyer and Seller agree that in no event shall Seller be liable for any lost profits or any special, incidental, consequential or indirect damages, and that Seller’s aggregate liability in damages shall in no event exceed the amount received by Seller for Product as set forth in the Quotation in which any defective Product was included. Buyer agrees that Seller will have no liability of any kind for failure of any equipment or other items into which Product is incorporated, and that Buyer will indemnify Seller for any and all claims against the Seller related to any use by Buyer, and/or any device into which Buyer incorporates Product.
Buyer bears full responsibility for making its own determination as to the suitability of the purchased Product, recommendations or advice for its own particular use. Seller makes no warranty or guarantee, express or implied, as to results obtained in end-use, nor of any design incorporating Product, recommendation or advice. Buyer must identify and perform all tests and analyses necessary to assure that its finished application-incorporating Product will be safe and suitable for use under end-use conditions. Each user of devices assumes full responsibility to become educated in and to protect from harmful irradiation. The Seller specifically disclaims any and all liability for harm arising from Buyer's or subsequent user’s use of Product either in development or in end use.
产品提供紫外线从领导的年代pecific light output levels. Buyer expressly acknowledges that, depending on wavelength and exposure time, light in this spectrum can have a harmful effect on, among other things, the eyes and skin of an unprotected individual, and must be used with caution. It is the Buyer’s responsibility to provide notice that UV light is present where the Product is in use. Buyer further agrees that it will notify all individuals when the Product is in use or being tested, and require all individuals to wear personal protective equipment including, but not limited to, long sleeve lab coats and gloves, and eye glasses or face shields, while in the presence of Product that is being used or tested. Buyer assumes full responsibility to become educated in and to protect from harmful irradiation, and agrees to indemnify Seller against all claims, suits, complaints or other disputes related to the presence of UV light that is alleged to originate with Product.
The invalidity or unenforceability, whether in whole or in part, of any provision herein shall not affect the validity or enforceability of any other provision herein. Failure or delay on the part of either party to exercise any right, power, privilege or remedy herein shall not constitute a waiver thereof. The section headings are for convenience only, and are not to be used in the construction or interpretation of this Agreement.