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'�-J'AN-16-1996 15:23 REGENESIS P.09 \C
<br /> Bioremediation Products
<br /> Oxygen Release Compound, ORCO
<br /> TERMS AND CONDITIONS
<br /> I. CASUALTY AND AVAILABILITY OF RAW MATERIALS, REGENESIS Bioremediation Products ("Seller") shall not be
<br /> liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited
<br /> to acts of God, acts of buyer, acts of military or civil authorities,fires,strikes, flood,epidemic,war,riot, delays in transportation or
<br /> car shortages, or inability to obtain necessary labor,materials, components or services through seller's usual and regular sources at
<br /> usual and regular prices. In any such event seller may, without notice to buyer, at any time and from time to time, postpone the
<br /> delivery dates under this contract or make partial delivery or cancel all or any portion of this and any other contract with buyer without
<br /> futtber liability to buyer. Cancellation of any part of this order shall not affect seller's right to payment for any product delivered
<br /> hereunder.
<br /> 2. LIMITED WARRANTY. Seller warrants that the product sold hereunder is made with ORC®as specified on face of invoice.
<br /> Seller makes no other warranty of any kind respecting the product,and expressly DISCLAIMS ALL OTHER WARRANTIES OF
<br /> WHATEVER KIND RESPECTING THE PRODUCT, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
<br /> FITNESS FOR PARTICULAR PURPOSE, BUYER'S SOLE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL
<br /> BE REFUND OF THE PURCHASE PRICE, PROVIDED THAT ANY UNUSED PORTION OF THE PRODUCT IS PROMPTLY
<br /> RETURNED TO SELLER. UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR
<br /> OTHER DAMAGES.
<br /> 3. DISCLAIMER. Seller disclaims to the full extent permitted by law all warranties, expressed or implied, including any implied
<br /> warranty of merchantability, fitness for any particular purpose or against infringement, to any person other than buyer. Where
<br /> warranties to a person other than buyer may not be disclaimed under law, seller extends to such a person the same warranty seller
<br /> makes to buyer o;lessee as set forth herein,subject to all disclaimers,exclusions and limitations of warranties,all limitations of liability
<br /> and all other provisions set forth in the Terms and Conditions herein. Buyer agrees to transmit a copy of the Terms and Condirions
<br /> set forth herein to any and all persons to whom buyer sells, or otherwise furnishes the products and/or services provided buyer by
<br /> seller and buyer agrees to indemnify seller for any liability,loss,costs and attorneys'fees which seller may incur by reason, in whole
<br /> or in part,of failure by buyer to transmit the Terms and Conditions as provided herein.
<br /> 4. LlM1TATION OF SELLER'S LIAEtIL1TY AND LIMITATION OF BUYER'S REMEDY. Seller's liability on any claim of
<br /> any kind,including negligence, for any loss or damage arising out of,connected with,or resulting from the manufacture, sale, deliver,
<br /> resale, repair or use of any goods or services covered by or furnished hereunder, shall in no case exceed the lesser of the cost or
<br /> repairing or replacing goods failing to conform to the forgoing warranty or the price of the goods or services or part thereof which
<br /> gives rise to the claim.. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL
<br /> DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES,
<br /> S. INDEMNIFICATION. Buyer agrees to defend and indemnify seller of and from any and all claims or liabilities asserted against
<br /> seller in connection with the manufacture,sale,delivery,resale or repair or use of any goods covered by or furnished hereunder arising
<br /> in whole or in part out of or by reason of the failure of buyer, its agents, servants, employees or customers to follow instructions,
<br /> warnings or recommendations furnished by seller in connection with such goods,by reason of the failure of buyer,its agents,servants,
<br /> employees or customers to comply with all federal, state and local laws applicable to such goods, or the use thereof, including the
<br /> Occupational Safety and Health Act of 1970, or by reason of the negligence of buyer, its agents, servants, employees or customers.
<br /> 6. TAXES. Liability for all taxes and import or export duties,imposed by any city,state, federal or other governmental authority,
<br /> shall be assumed and paid by buyer. Buyer further agrees to defend and indemnify seller against any and all liabilities for such taxes
<br /> or duties and legal fees or costs incurred by seller in connection therewith.
<br /> 7. ASSISTANCE AND ADVICE. Upon request,seller in its discretion will furnish as an accommodation to buyer-such technical
<br /> advice or assistance as is available in reference to the goods. Seller assumes no obligation or liability for the advice or assistance given
<br /> or results obtained,all such advice or assistance being given and accepted at buyer's risk.
<br /> S. ENTIRE AGREEMENT. This agreement constitutes the entire contract between buyer and seller relating to the goods or services
<br /> identified herein. No modifications hereof shall be binding upon the seller unless in writing and signed by sellers duly authorized
<br /> representative, and no modification shall be effected by seller's acknowledgment or acceptance of buyer's purchase order forms
<br /> containing different provisions. Trade usage shall neither be applicable nor relevant to this agreement, nor be used in any manner
<br /> whatsoever to explain,qualify or supplernent any of the provisions hereof. No waiver by either party of default shall be deemed a
<br /> waiver of any subsequent default.
<br /> TOTAL P.09
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