LIMITED WARRANTY

WIKUS Canada Ltd.
1. Warranty: WIKUS CANADA LTD. (“WIKUS”) warrants WIKUS products delivered to the buyer will be free from defects in material and workmanship, in accordance with WIKUS’ applicable specifications for WIKUS products. The buyer shall examine the goods upon receipt. Failure of buyer to give written notice of any claim for errors, defective goods, shortages, or other cause, within ten (10) days after buyer receives those goods shall be an unqualified acceptance of those goods and a waiver by buyer of all claims. For the purposes of this warranty ‘WIKUS’ applicable specifications’ means, subject to the limitations and exclusions set out in Section 6, either WIKUS specifications provided to the buyer as part of a written quotation prior to submission of the buyer’s purchase order or, if specifications have not been so provided, WIKUS’ most current published specifications for the particular product at issue.

2. Warranty Claims: All claims must be made in writing. Claims outside of the warranty period are not permitted.

3. Warranty Repair Shipments: The buyer is required to arrange for all product shipments to WIKUS for warranty repair and is responsible for all shipping and handling costs to WIKUS’ facilities. WIKUS will pay reasonable return shipping and handling charges, provided the warranty claim is found by WIKUS to be  valid.

4. Repairs Outside of Warranty: The buyer will pay for repair or replacement outside of the warranty period at WIKUS’ current prevailing rates.

5. Warranty Repair or Replacement: All warranty repairs are performed at WIKUS’ facilities. WIKUS will either repair or replace, at WIKUS’ sole option, any product found defective due to workmanship and/or materials, or to refund the purchase price (upon return of the product, if requested by WIKUS), the choice of which is at WIKUS’ sole option provided that the buyer has reported such defect to WIKUS as required and WIKUS has, upon inspection, found such product to be defective within the scope of this warranty. All replaced products (or components thereof) shall become WIKUS’ property.

6. Warranty Limitations: The foregoing are the buyers’ sole and exclusive remedies and WIKUS’s sole and exclusive obligations and liabilities for breach of the warranty by WIKUS. All warranties shall immediately become null and void should WIKUS, at its sole discretion, determine that the products have been subject to unauthorized modification, misuse, abuse, neglect, accident, improper installation or application, alteration or neglect in use, storage, transportation or handling

EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 1, THE PRODUCTS ARE SUPPLIED ON AN “AS IS” BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT PROVIDED HEREUNDER OR IN CONNECTION HEREWITH BY WIKUS OR ITS AUTHORIZED REPRESENTATIVES. WIKUS DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, THE PRODUCTS ARE NOT FAULT- TOLERANT AND ARE NOT DESIGNED FOR USE IN ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES OR DIAGNOSTIC MACHINES, OR WEAPONS SYSTEMS, AND WIKUS MAKES NO REPRESENTATION, WARRANTY OR CONDITION AS TO THE SUITABILITY OF THE PRODUCTS OR SERVICES FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES, EVEN IF WIKUS HAS PROVIDED ANY ADVICE, CONSULTATION OR SERVICES WITH RESPECT THERETO.

NO REPRESENTATION OR AFFIRMATION OF FACT OTHER THAN THOSE SET OUT IN SECTION 8 SHALL BE DEEMED TO BE A WARRANTY, CONDITION OR REPRESENTATION BY WIKUS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO INFORMATION CONTAINED IN ANY PROMOTIONAL MATERIAL, DRAWINGS, SPECIFICATIONS, NOTES OR OTHER DATA SHALL BE DEEMED TO BE A WARRANTY, CONDITION OR REPRESENTATION REGARDING THE PERFORMANCE OR SUITABILITY OF ANY PRODUCT FOR ANY PARTICULAR USE OR APPLICATION. NO AGREEMENTS VARYING OR EXTENDING THE TERMS OF THE WARRANTY AND LIMITATIONS WILL BE BINDING ON WIKUS UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF WIKUS. WIKUS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET ANY OR ALL OF THE BUYERS’ PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN THE PRODUCTS CAN BE DETERMINED OR CORRECTED. WIKUS PROVIDES NO WARRANTIES FOR THIRD PARTY PRODUCTS OR SERVICES WHATSOEVER.

7. Contingencies: WIKUS shall not be liable for default or delay in performance if caused, directly or indirectly, by acts of God; war; force of arms; fire; the elements; riot; labour disputes; picketing or other labour controversies; sabotage; civil commotion; accidents; any governmental action or inaction, prohibition or regulation (including without limitation, restrictions on import/export); delay in transportation facilities or default of a common carrier; shortage or breakdown of or inability to obtain or non-arrival of any labour, material or equipment used in the manufacture of the products covered hereby; failure of the Internet (including ISPs), or from any cause whatsoever beyond WIKUS’s control, whether or not such cause be similar or dissimilar to those enumerated. WIKUS shall promptly notify the buyer of the happening of any such contingency and of the contemplated effect thereof on the manufacture and delivery of the products.

8. Limitations: The buyer acknowledges and agrees that THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS IS ASSUMED BY THE BUYER and buyer will fully indemnify WIKUS, its affiliates, subsidiaries, agents, representatives, dealers and licensors and the employees, directors, officers, agents and contractors of each of them from and against any and all claims, actions, demands, costs, loses and expenses (including reasonable attorney’s fees) arising from buyer’s or its customers’ use of the products or services, including without limitation, personal injury, death and property damage (whether tangible or intangible). UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, SHALL WIKUS, ITS AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, DEALERS OR LICENSORS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS OR SERVANTS OF ANY OF THEM HAVE ANY LIABILITY TO THE BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF TIME OR USE OF THE PRODUCTS, COST OF RECOVERING PRODUCTS OR DATA, COST OF SUBSTITUTE PRODUCTS OR SERVICES, CLAIMS BY THIRD PARTIES, OR OTHER COMMERCIAL OR ECONOMIC LOSS, DAMAGES TO PROPERTY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WIKUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF WIKUS IN ANY CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE SHALL NOT EXCEED THE PRICE PAID BY THE BUYER FOR THE PARTICULAR PRODUCT OR SERVICES GIVING RISE TO THE CLAIM.