Product WARRANTY STATEMENT

  1. ARS LLC, herein identified as the Seller, warrants to the Buyer, that supplied products, systems and/or services furnished hereunder will, at the time of delivery by Seller, be free from defects in material, workmanship and title and will be of the kind specified in Seller’s specification or scope of work attached hereto, if any. To the extent any such products include “Software”, whether included in a product furnished hereunder or provided separately, Seller warrants that Software will, at the time of delivery by Seller, conform to the documentation provided by Seller relating to the performance and functionality of such Software. The foregoing shall apply only to failures to meet said warranties (excluding any defects in title) that appear within the “Warranty Period” as specified in paragraph (d) below. Notwithstanding the foregoing, if Seller installs the products or supplies technical direction of installation by contract, the Warranty Period shall run until one year from completion of installation If Seller does not perform or is involved in the installation process or support of, and installation is unreasonably delayed, the period will expire one year after the date Seller notifies Buyer, or Buyer notifies Seller, in writing of such delay.

  2. The warranties and remedies set forth herein are conditioned upon (i) proper storage, installation, handling, operation, use and maintenance, and conformance with any recommendations of Seller, (ii) the full accuracy and completeness of any information or data provided by or on behalf of Buyer relating to the products or services, (iii) the absence of any non-Seller post-delivery modification or alteration thereto, and (iv) Buyer notifying Seller in writing within the Warranty Period of any alleged defects and, if requested by Seller, promptly making the product available for repair or replacement.

  3. If any product or service fails to meet the foregoing warranties (except as to title) and Buyer notifies Seller of such failure within the Warranty Period, Seller, after verification as to warranty applicability, shall correct any such failure either, at its option (i) by repairing any defective or damaged part or parts of the products or making the Software conform to the documentation in question; or (ii) by making available, F.O.B. Seller’s plant or other point of shipment, any necessary repaired or replacement parts or conforming Software; or (iii) re- performing the defective services (or the defective portion thereof) at the same location as applied to the original services. If requested by Seller, Buyer shall ship the defective product, with shipping charges prepaid, to the plant or warehouse designated by Seller. If any product or service fails to meet the foregoing warranty as to title, Seller shall, if notified promptly in writing and given all necessary authority, information and assistance, defend Buyer from and against, and may settle, any claims, demands or suits that allege a breach of such warranty. Where any failure or defect cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price.

  4. The Warranty Period under paragraph (a) above shall apply for claims made within one year from placing the product in service or the providing of any services, or within 1 S months of delivery, whichever shall first occur; provided, however, that if Buyer, in the course of its regular and usual business, transfers title to or leases such products (including equipment incorporating such products) to a third party, such period shall run until one year from such transfer or lease or 1 5 months of delivery by Seller, whichever occurs first.

Pricing TERMS & Conditions

The Prices and Terms on the Quotation are not subject to verbal changes or others agreements unless approved in writing by the home office of the seller. All Quotations and Agreements are contingent upon strikes, accidents, fires, availability of materials, and all other causes beyond control. Prices are based on costs and conditions existing on the date of quotation and are subject to change by the seller before final acceptance of order. Typographical and stenographical errors are subject to correction. Purchaser assumes liability for patent and copyright infringements when goods are made to purchasers specifications. When quote specifies materials are to be furnished by the purchaser, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production. Conditions not specifically stated herein shall be governed by established trade customs.