Warranty Information - Universal Flow Monitors FlowStream OFS User Manual

WARRANTY INFORMATION

1) ACCEPTANCE AND INTEGRATION CLAUSE: This Sales Order Acknowledgment and the sales order
information that Universal Flow Monitors, Inc. ("Universal") attaches to or associates with it (herein "Acknowledgment"),
constitutes an acceptance by Universal of an offer by the buyer upon the conditions and terms and at the prices stated in
this Acknowledgment. The Acknowledgment contains the entire understanding of Universal and the buyer regarding the
subject matter of said Acknowledgment. This Acknowledgment may only be modified by a written agreement signed
by the party against whom enforcement is sought.
2) WAIVER: Waiver by Universal of any default(s) by the buyer shall not constitute waiver by Universal of any of the
conditions of the agreement between Universal and the buyer as set forth hereunder with respect to any further or subsequent
default by the buyer.
3) FORCE MAJEURE: Universal shall not be responsible for failure or delays in deliveries due to fire, strikes,
breakdowns, acts of God, failure of carriers, inability to secure required materials, or other causes beyond Universal's
control. Buyer waives any claims for damage arising by virtue of delay in delivery of material by Universal.
4) LIMITED WARRANTY:
(a) Warranty. For a period of one year from the date of manufacture, Universal warrants that each product covered by
this Acknowledgment will be free from defects in material and workmanship. In order to qualify for any remedy provided
in this Acknowledgment, buyer must give notice to Universal within the one-year period, return the product to Universal
freight paid and intact with Material Safety Data Sheets covering all substances passing through the product or that form
a residue on the product.
(b) Exclusive Remedy. The buyer's EXCLUSIVE REMEDY for failure of any product to conform to any warranty or
otherwise for any defect is, at Universal's sole option: (i) repair; (ii) replacement; or (iii) refund of the entire purchase
price for the specific product. Without limiting the foregoing, in no case will Universal be liable for de-installation of
any defective product or installation of any repaired or replaced product. THIS REMEDY I S THE EXCLUSIVE
REMEDY AVAILABLE TO THE BUYER OR ANY OTHER PERSON. UNIVERSAL SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES IN
CONNECTION WITH ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
(c) Disclaimer of Other Warranties. The express warranty in this Acknowledgment is in lieu of any other warranty,
express or implied. Without limiting the foregoing, UNIVERSAL DISCLAIMS THE IMPLIED WARRANTY OF
MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
(d) Special Note About Fitness for a Particular Purpose. This website and other materials of Universal may place products
into, or display products in, categories according to function, size, construction, materials, or other property. This is for
organizational purposes only and NO PLACEMENT OF ANY PRODUCT IN ANY CATEGORY OR ANY
PRESENTATION OF A PRODUCT IN RELATION TO OTHER PRODUCTS WILL CONSTITUTE A WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE.
5) PROHIBITED USES: As a condition of the sale of goods or services, buyer will not use, sell, distribute, or otherwise
transfer for use, or permit to be used, sold, distributed, or otherwise transferred any product purchased from Universal
for any of the following uses:
(a) Nuclear Energy Applications. Any application involving, directly or indirectly: (i) exposure of any product to any
hazardous properties of nuclear material; (ii) dependence on the proper functioning of the product for the operation
of a nuclear facility by any person or organization; (iii) use in or for any equipment or device used for the processing,
fabricating or alloying of special nuclear material if, at any time, the total amount of such material on the premises
where such equipment or device is located consists of or contains more than 25 grams of (A) Plutonium (any
isotope) or Uranium 233 or any combination thereof; (B) more than 250 grams of Uranium 235; (iv) use in, or for
the control of any aspect of, any structure, basin, excavation, premises or place prepared or used for the storage or disposal
of waste. The foregoing include, without limitation, any application involving nuclear material contained in spent fuel or
waste that is possessed, handled, used, processed, stored, transported or disposed of, any application related to the
furnishing of services, materials, parts or equipment in connection with the planning, construction, maintenance,
operation or use of any nuclear facility.
(b) Aircraft Applications. Any application involving direct or indirect installation in or on, or use in connection with,
any aircraft or aircraft product.
(c) Definitions. As used in this section, the following definitions apply, whether the terms use initial capitals or not.
"Aircraft" includes powered and non-powered winged aircraft, missiles, spacecraft, and other aeronautical craft or
mechanisms.
"Aircraft product" includes:
(1) Any ground support or control equipment used with any aircraft; (2) Any article designed for installation in or on aircraft;
(3) Any ground handling tools or equipment used with aircraft;
(4) Any aircraft training aids, instructions, manuals, or blueprints;
and