GENERAL - Orders submitted on Buyer's own Purchase Order forms, which contain statements, clauses, or conditions modifying, adding to, or inconsistent with the terms and provisions herein contained, are accepted by AnalytiChem only upon condition and with the express understanding that the liabilities of AnalytiChem shall be determined solely by its own terms and conditions of sale, and in accepting and consummating any such order AnalytiChem shall be deemed not to have in any way modified its liabilities or obligations as fixed by such terms and conditions of sale as stated by AnalytiChem herein, and unless written notice to the contrary is received by AnalytiChem within ten (10) days, additional terms contained herein shall become part of Buyer's contract with AnalytiChem.

WARRANTIES - AnalytiChem warrants all apparatus manufactured by it to be as described herein and to be free from defects in material and workmanship under normal use and service. AnalytiChem's obligation under any warranty is limited to and Buyer's exclusive remedy hereunder shall be, repair or replacement, FOB AnalytiChem's factory, of any defective parts, when returned to AnalytiChem by Buyer, transportation prepaid, which AnalytiChem's examination discloses to have been factory defective. THIS WARRANTY IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, OR FITNESS, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. The time limit of this warranty is one year from date of shipment of new apparatus unless otherwise specified in AnalytiChem's Catalog. AnalytiChem shall not be liable for consequential damages, in any event. 3rd party software is provided on a resale basis and carries the license, use and warranty provisions provided by the original publisher. AnalytiChem Corporation provides no additional warranty.

Other items sold by AnalytiChem are sold under the brand or trade name of their respective manufacturers. ALL SUCH OTHER PRODUCTS ARE SOLD WITHOUT ANY WARRANTY OF MERCHANTABILITY, OR FITNESS, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. However, to the extent any such other products are warranted by their manufacturers, or others, for the benefit of Buyer, AnalytiChem will use its best efforts to assist Buyer in forwarding any warranty claim to the party responsible for its disposition. AnalytiChem shall not be liable for consequential damages, in any event.

Repaired products: All repair work done by AnalytiChem is warranted to be free from defects in material or workmanship under normal use and service. AnalytiChem's obligation under this warranty is limited to, and the exclusive remedy hereunder shall be, repair or replacement, FOB AnalytiChem's factory, of any defective parts installed by AnalytiChem, when returned to AAnalytiChem, transportation prepaid, which AnalytiChem's examination discloses to have been factory defective. The time limit of this warranty is three (3) months from date of shipment. THIS WARRANTY IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, OR FITNESS, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. AnalytiChem shall not be liable for consequential damages, in any event.

Expendable Items: This Warranty does not cover expendable items such as lamps, fuses, etc.

IMPORTANT: This Warranty is void if the user has made unauthorized repairs, improper installation, or improper use of the instrument.

PATENT PROTECTION - AnalytiChem agrees to indemnify and save harmless Buyer against all damages and costs that may be directly and reasonably occasioned by or required for the defense, appeal, settlement, or other necessary disposition of any action at law, suit in equity, or counterclaim instituted by a person, firm or corporation against Buyer, which alleges that the equipment purchased hereunder infringes a claim or claims of any United States Letter Patent; provided Buyer has met and is meeting all terms and conditions of this contract and, the equipment is being used in accordance with AnalytiChem's instructions relating thereto; and provided further that Buyer promptly notifies AnalytiChem in writing of any charge of infringement; and provided further that the defense of any such action, suit, or counterclaim shall be under the direction and control of AnalytiChem, and all necessary information, assistance, and authority shall be furnished by Buyer. It is further expressly stated and agreed that this patent indemnity shall only apply where the specification, design and method of operation of the equipment furnished hereunder originated in AnalytiChem. Where the specification, design, or method of operation of the equipment furnished hereunder originated in Buyer, Buyer agrees to indemnify and save harmless AnalytiChem, in the same manner as set forth above.

DELIVERIES - Delivery promises prior to receipt of order are necessarily approximate. Every effort will be made to fill orders within the time promised, and AnalytiChem expects to keep such promises unless prevented by inability to procure materials, strikes, fires, accidents, or other uncontrollable causes.

TERMS AND PAYMENT - Invoices are due net 30 days. A 1% discount is offered if payment is received in 10 days. 1 and 1/2 % per month late charge for payment not made within 30 days. All freight charges will be prepaid and added to invoice unless otherwise specified. Pro-rated payments shall be expected as partial shipments are made. Special terms for custom and non-standard products shall be so indicated on the quotation.

RETURNS - Written permission must be obtained before returning equipment for any reason. We will be obliged to refuse receipt of goods returned without our permission.

SHIPMENT - In ordering, Buyer should state explicitly the method of shipment preferred, and in the absence of shipping directions, AnalytiChem will use discretion in method of shipment. Shipments will be insured at Buyer's expense unless otherwise specified.

CLAIMS - All materials are sold FOB AnalytiChem's factory (unless otherwise specified), and AnalytiChem's responsibility ends upon delivery to first carrier. All claims for loss or damage must be rendered by the consignee against the transportation company within fifteen (15) days of receipt. A copy of this notice shall also be forwarded to AnalytiChem within five (5) days of receipt.

CANCELLATIONS - Orders may be canceled by Buyer only upon written notice, and upon payment to AnalytiChem of reasonable and proper cancellation charges.

SALES AND SIMILAR TAXES - Any tax imposed by any present or future law of Federal, State, or any other government authority on the manufacture and/or sale of the articles covered by this quotation, shall be added to the amount to be paid by Buyer