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<br />instructions may cause damage to the Products and will void the warranties provided hereunder.
<br />Seller shall have the right to inspect Products stored by Buyer prior to installation. If Products are
<br />stored by Buyer for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs
<br />of inspection.
<br />4. PRODUCT ACCEPTANCE Except for Products that are not assembled at Seller's facility, Buyer
<br />has the right to inspect Products at Seller's facility prior to shipment provided that advance written
<br />arrangements are made by Buyer and are confirmed in writing by Seller. Any and all costs associated
<br />with inspection and testing requested by Buyer at Seller's facility will be paid by Buyer.
<br />Buyer shall inspect the Products upon receipt at the destination. Unless Products are subject to an
<br />Acceptance Test as specified below, the Buyer's failure to inspect the Products and give written notice
<br />to Seller of any alleged defects or non-conformity within ten (10) days after receipt at the destination
<br />shall constitute Buyer's Irrevocable acceptance of the Products delivered.
<br />If Seller's Documentation provides that the Products are subject to specific acceptance testing (the
<br />"Acceptance Tesf') in order to verify Product performance in accordance with agreed specifications,
<br />the Products shall be deemed fully accepted when they have satisfied the requirements of the
<br />Acceptance Test. If Buyer is responsible for conducting the Acceptance Test, the Acceptance Test
<br />shall be conducted as soon as practicable, but in no event later than 90 days after delivery, failing
<br />which the Products will be deemed to be automatically accepted without conducting the Acceptance
<br />Test.
<br />Notwithstanding any right conferred upon the Buyer to inspect or test the Products prior to
<br />acceptance, any use or alteration of the Products by Buyer, its agents, employees or licensees, for
<br />any purpose after delivery thereof, shall constitute Buyer's irrevocable acceptance of the Products.
<br />Accordingly, in the event of any discovery by Buyer of a non-conformity or defect following such
<br />acceptance of the Products, Buyer's sole recourse is a warranty claim pursuant to the warranty
<br />provisions stated herein.
<br />5. INSTALLATION AND/OR START UP SERVICES If Seller's scope of supply includes installation
<br />supervision and/or start up services, Buyer will confirm to Seller at least two (2) weeks prior to the
<br />date Seller's personnel will be required on site to perform such services that Buyer has fully completed
<br />all work necessary for such installation and/or start up services in accordance with Seller's
<br />instructions. In the event that the completion of such services is delayed by Buyer for any reason not
<br />the fault of Seller following Seller's arrival on site, Buyer shall pay for any additional costs resulting
<br />from the deiay.
<br />To the extent that Seller's scope of supply includes supervising the installation of the Products, Seller
<br />shall not be responsible for the means and methods selected for such installation, nor for the manner
<br />in which such installation services are performed, including the efficiency, adequacy and safety of
<br />same. Any recommendations or advice provided by Seller are an accommodation and Seller makes
<br />no warranty, express or implied, with respect to such assistance.
<br />6. CANCELLATION Unless otherwise provided in Seller's Documentation, if Buyer cancels or
<br />partially cancels an order, Buyer shall promptly pay Seller for all work performed on account of the
<br />Products prior to cancellation and for any other costs incurred by Seller as a result of such
<br />cancellation, less the cost of any items that, in Seller's judgment, can be restocked, which shall be
<br />subject to a 10% restocking fee. In addition, Buyer shall promptly pay Seller as liquidated damages
<br />and not as a penalty an amount equal to 10% of the difference between the contract price hereunder
<br />and the amounts due pursuant to the preceding sentence.
<br />7. WARRANTY Subject to the conditions stated below, Seller warrants the Products against defects
<br />in materials and workmanship for a period of eighteen (18) months from the date in which title has
<br />passed to Buyer or twelve (12) months from the date of installation of the Products, whichever occurs
<br />first. Seller shall, at its option, repair or replace any Products or components thereof that prove upon
<br />examination to the satisfaction of Seller to be defective. Any alteration, disassembly, storage or use of
<br />the Products not in accordance with Seller's instructions shall void the warranty. Buyer assumes full
<br />responsibility in the event Buyer uses the Products in combination with other goods or in any manner
<br />not stated in Buyer's specifications provided prior to sale. All costs associated with removing the
<br />Products from service and re-installing same following examination, repair or replacement are to be
<br />borne by Buyer. Seller may, in its sole discretion, require that the Products be shipped to Seller's
<br />facility for examination, repair or replacement. All transportation costs to and from Seller's facility, if
<br />required, are to be prepaid by Buyer. If so stated in Seller's Documentation, the Products or
<br />designated components thereof are covered only by the warranty extended by the original
<br />manufacturer and not by the terms of Seller's warranty as specified above. In the event of a warranty
<br />issue regarding such Products or components thereof, Buyer should contact the original manufacturer
<br />directly. Seller, at Buyer's request, will act as an agent between Buyer and the original manufacturer
<br />to resolve warranty issues. If Seller acts as an agent for such purpose, Buyer must return the
<br />Products, or the appropriate components, to the designated manufacturer's facility, shipping charges
<br />prepaid. Buyer's sole remedy is the original manufacturer's warranty. SELLER MAKES NO
<br />WARRANTY, EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR
<br />FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO SUCH PRODUCTS OR
<br />COMPONENTS. THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN
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<br />Severn Trent Water Purification, Inc.
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