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REGENESIS
<br /> ' Oygen Release Compound, OR*
<br /> TERMS AND CONDITIONS
<br /> I CASUALTY AND AVAILABILITY OF RAW MATERIALS. REGENESIS Bioremediation Products('Seller') shall not be liable
<br /> delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited to acts of
<br /> d, acts of buyer, acts of military or civil authorities, fires, strikes, flood, epidemic, war, not, delays in transportation or car shortages,
<br /> or inabilrry to obtain necessary labor, materials, components or services through seller's usual and regular sources at usual and regular
<br /> prices In any such event seller may, without notice to buyer, at any time and from time to Time, postpone the delivery dates under this
<br /> contract or make partial delivery or cancel all or any portion of this and any other contract with buyer without further liability to buyer
<br /> ' Cancellation of any part of this order shall not affect seller's not to payment for any product delivered hereunder
<br /> 2 LIMITED WARRANTY Seller watTartu that the product sold hereunder is made with ORC as specified on face of invoice Seller
<br /> 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 FITNESS
<br /> FOR PARTICULAR PURPOSE BUYER'S SOLE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE REFUND
<br /> OF THE PURCHASE PRICE, PROVIDED THAT ANY UNUSED PORTION OF THE PRODUCT IS PROMPTLY RETURNED TO
<br />' SELLER UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR OTHER DAMAGES
<br /> 3. DISCLAIMER.. Seller disclaims to the full extent permitted bylaw 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 wamanties
<br /> to a person other than buyer may not be disclaimed under law, seller extends to such a person the same warrant~ seller makes to buyer or
<br /> lessee as set forth herein, subject to all disclauners, exclusions and limitations of warranties, all Iimitation5 of liabilit) and all other
<br /> provisions set forth in the Terms and Conditions herein Buyer agrees to transmit a copy of the Terms and Conditions set forth herein to
<br /> any and all persons to whom buyer sells, or otherwise furnishes the products and/or services provided buyer by seller and buyer agrees
<br /> to indemnify seller for any liability, loss, costs and attorneys' fees which seller may incur by reason, in whulL or in part, of failure by
<br /> buyer to trartsmit the Terms and Conditions as provided herem
<br />' 6. LIMITATION OF SELLER'S LIABILITY AND LIMITATION OF BUYER'S REMEDY. Seller's Imbility on any claim of any
<br /> kind, including negligence, for any loss or damage ansing out of, connected with, or resulting from the manufacture, sale, delivery
<br /> resale repair or use of any goods or services covered by or furnished hereunder, shall in no case exceed the le�sLr of the. cost of repairing
<br /> KAreplacing goads failing to conform to the forgoing warranty or the puce of the goods or services or part thereof which gives rise to the
<br /> im TN NO FVENT SHALL SELLER BE LIABLE FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR
<br /> MAGES 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 in
<br /> whole or in part out of or by reason of the failure of buyer, its agents, servants, employees or customers to follow instructions, warnings
<br /> or recommendations furnished by seller in connection with such goods, by reason of the failure of buyer, its agents, servants employees
<br />' or customers to comply with all federal, state and local laws applicable to such goods, or the use thereof, including the Occupational
<br /> Safety and Health Act of 1970 or by reason of the negligence of buyer its agents,servants employees or customers
<br />' 6 EXPENSES OF ENFORCEMENT In the event Seller undertakes any action to collect amounts due from Buyer, or otherwise
<br /> enforce its rights hereunder, Buyer agrees to pay and reimburse Seller for all such expenses, including, without limitation, all artorneys
<br /> and collection fees
<br /> 7 TAXES Liability for all taxes and import or export duties, imposed by any city, state, federal or other governmental authority, shall
<br /> be assumed and paid by buyer Buyer further agrees to defend and indemnify,seller against any and all liabilities for such taxes or duties
<br /> and legal fees or costs incurred by seller in connection therewith
<br />' S ASSISTANCE AND ADVICE Upon request, seller in its discretion will furnish is 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 or
<br /> results obtained,all such advice or assistance being given and accepted at buyer's risk
<br /> 9 ENTIRE AGREEMENT. This agreement constitutes the entire contract between buyer and seller relating to the goods or services
<br /> identified hmin No modifications hereof shall be binding upon the seller unless in writing and signed b) seller's duly authorized
<br /> representative, and no modificanon 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 mariner
<br /> whatsoever to explain,qualify or supplement any of the provisions hereof No waiver by either pang of default shall be deemed a waiver
<br /> .any subsequent default
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