Sindoh Products Manufacturers Limited Warranty

(a)

Manufacturer warrants that each Product will be free from defects in materials and workmanship (the “Limited Warranty”) for a period of [twelve (12)] months from the date the Product is delivered to an End-User; provided however, that in no event shall the term of the Limited Warranty period exceed [eighteen (18)] months from the date of delivery by Manufacturer or a third party on Manufacturer’s behalf to Reseller or its designee. This Limited Warranty shall not apply to any Product which the Manufacturer determines: (i) has been abused, damaged by external causes, or altered or misused; (ii) has been damaged due to improper installation or use. This Limited Warranty shall not apply to associated labor costs incurred by the Reseller or its sub-dealer in carrying out the warranty activity.

(b)

Any warranty obligation is suspended during such time as Reseller is in full or partial breach or default of this Agreement or of any term or condition hereunder.

(c)

The Reseller shall support, assist, and enable the Manufacturer upon request to carry out its warranty activities. In the event the Manufacturer or its representatives shall render any technical advice or service to Reseller, or anyone else in connection with the Products, Reseller hereby waives all liabilities and obligations on the part of the Manufacturer as a result thereof and Reseller agrees that no obligation or liability of any kind shall arise as a result of any such advice or service and the Limited Warranty as hereinbefore set forth shall not be enlarged or affected by such action by the Manufacturer.

(d)

MANUFACTURER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF MANUFACTURER’S PRODUCTS OR AS TO SERVICE TO RESELLER OR TO ANY OTHER PERSON, EXCEPT AS SET FORTH IN MANUFACTURER’S LIMITED WARRANTY SET FORTH ABOVE.

(e)

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMET AND BY LAW, MANUFACTURER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THE STANDARD LIMITED WARRANTY TERMS AND CONDITIONS (AS APPLICABLE) ARE IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT.  MANUFACTURER MAKES NO WARRANTY OF ANY KIND TO CUSTOMERS OF THE RESELLER HEREUNDER. 

(f)

OTHER THAN AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY HEREUNDER SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(g)

MANUFACTURER ASSUMES NO LIABILITY REGARDING ANY CLAIM OR ACTION CAUSED BY, OR DIRECTLY RELATED TO, A PRODUCT NOT SOLD OR PROVIDED BY MANUFACTURER.