Electro-Chemical Devices (ECD) CA6 Hardness Analyzer - Manual (Page 8)

a. Disclaimer of Damage. In no event shall Seller be liable for special, indirect, consequential or
incidental damages whether arising under contract, warranty, tort, strict liability or any other theory
of liability. Such damages include but are not limited to loss of profits, loss of use of goods, damage to
property, and claims of third parties.
b. Suitability. Buyer acknowledges that it alone has determined the intended purpose and suitability of
the goods sold hereunder. It is expressly agreed by the parties that any technical or other advice given
by the Seller with respect to the use of the goods or services is given without charge and at Buyer's risk;
therefore Seller assumes no obligation or liability for the advice given or results obtained.
c. Notice and Time of Claims.
i. Buyer agrees to check and inspect all products against shipping papers and for damage or shortage
upon receipt of goods at destination.
ii. Every claim for shortage, damage in transit, or other cause visible upon inspection shall be deemed
waived by the Buyer, or the Buyer’s customer in the case of resale, unless delivered in writing to Seller
by Buyer thirty (30) days from the tender of delivery of the goods to Buyer, provided, however, that
claims for shortage must be made within seven (7) days of receipt.
iii. The parties expressly waive the statute of limitations and agree that any legal proceeding for any
breach of this contract shall be waived unless filed within one (1) year after the accrual of the cause of
action thereof.
5. FORCE MAJEURE. Seller shall not be liable for any delay in delivery, or failure to deliver, due to any
cause beyond the Seller’s control including but not limited to fires, floods, or other forces of the
elements; strikes, or other labor disputes; accidents to machinery; acts of sabotage; riots; precedence or
priorities granted at the request or for the benefit, directly or indirectly of the federal or any state
government or any subdivision or agency thereof; delay in transportation or lack of transportation
facilities; restrictions imposed by federal, state or other governmental legislation or rules or regulations
thereof. If Seller, in its sole discretion, determines that Seller’s performance hereunder would result in a
loss to Seller’s on this sale as computed under Seller’s normal accounting procedures because of causes
beyond Seller's control, then the Seller may terminate this agreement in whole or in part without
liability for any delay in the delivery of, or failure to deliver, the goods sold hereunder
6. TAXES AND OTHER CHARGES. The Buyer will pay, or reimburse Seller if it pays, any and all taxes or
tariffs or any other similar charges imposed upon this contract, the goods covered hereby or the delivery
or use or resale thereof.
7. FREIGHT CHARGES. If the sale hereunder is other than F.O.B. Seller's facility, this acknowledgement is
based upon the freight charges now in effect. In the event of an increase or decrease in applicable
freight charges before the goods are shipped, such charge in freight will be for the Buyer's account.
8. PRICES AND DELIVERY. Prices quoted herein are F.O.B. shipping point. Deliveries specified are only
our best estimate and are subject to change. This quotation is based upon freight charges now in effect.
Buyer will be invoiced at the freight charge prevailing at the date of shipment. Prices are firm for orders
meeting Seller's normal shipping schedules. If shipments are held or postponed for any reason other
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