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8 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. Subject to the limitations set forth below, Contractor warrants each new product or part manufactured or fabricated by Contractor to be free from defects in material and workmanship in accordance with Contractor’s standard warranty. As to products not manufactured by Contractor, the warranty, if any, of th e respective manufacturer of any items of new equipment and parts set forth in this order is incorporated herein by reference. Contractor’s obligation under said warranties shall be limited solely, at Contractor’s option, to repairing, replacing, or allowing credit for, component parts which are defective in material or workmanship, for a period not to exceed one (1) year from the date of shipment to Customer for items manufactured by Contractor, or for the period of manufacturer’s warranty for items not manufactured by Contractor. All defective parts must be returned to Contractor prior to replacement or repair. As manufacturer of this Product, Contractor does not warrant that this Product meets with any certifications except that which is specified by Contractor. Selling this Product into countries, other than those specified, may require additional certifications. Contractor shall have no liability for the resale of this Product in violation of any laws, regulations, or government directives. THE WARRANTIES PROVIDED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE) EXPRESS OR IMPLIED, AND NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE ARE PROVIDED. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR (a) LOSS OF FOOD OR CONTENTS OF EQUIPMENT DUE TO FAILURE OR MALFUNCTION FOR ANY REASON, OR (b) FOR CONSEQUENTIAL, INCIDENTAL, LIQUIDATED OR SPECIAL DAMAGES. USED PRODUCTS COVERED BY THIS ORDER ARE SOLD ON AN “AS IS” BASIS UNLESS OTHERWISE STATED IN A WRITING EXECUTED BY CONTRACTOR. 9. PROPRIETARY RIGHTS During the term of this Agreement and in combination with certain services, Contractor may elect to install, attach to Customer’s equipment, or provide portable devices that shall remain the personal and proprietary property of Contractor. No devices installed, attached to real property, or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices which are used in connection with providing service on Customer equipment. 10. INSTALLATION If this sales order provides for installation, Contractor’s obligation to deliver the equipment and provide for its installation shall in no even t commence until Customer’s premises are ready to receive the equipment, and such obligation shall be subject to all the other term s of this sales order. Costs and expenses to Contractor or its contractor for delays in installation due to interference or delays by other contractors and/or by Customer on Customer’s project will be charged to Customer. Customer shall be responsible for all cost incurred by Contractor caused by any change to Contractor’s installation, if any, of equipment purchased hereunder, whether such change is made at Customer’s request or required due to store layout, utility availability, or otherwise. CUSTOMER IS RESPONSIBLE FOR ALL SPECIFICATIONS PROVIDED BY OR ON BEHALF OF CUSTOMER TO CONTRACTOR. 11. SPECIFICATIONS Quantities and sizes are subject to variation in accordance with Contractor’s standard practices and tolerances and the requirements of the job where the equipment covered by this order is to be installed. Contractor reserves the right to make changes in design, and other changes, whenever Contractor believes its product will be improved thereby, but without incurring any obligation to incorporate such changes retroactively. 12. TERMINATION BY CUSTOMER Customer shall have the right to terminate this Agreement for Contractor’s non-performance provided Contractor fails to cure such non-performance within 30 days after having been given prior written notice thereof. Any cancellation by Customer for reasons other than Contractor’s non-performance shall be subject to Contractor’s approval, and shall entitle Contractor to damages. Upon early termination or expiration of this Agreement, Contractor shall have free access to enter Customer locations to disconnect and remove any of Contractor’s personal proprietary property or devices as well as remove any and all Contractor-owned parts, tools and personal property. Additionally, Customer agrees to pay Contractor for all incurred but unamortized service costs performed by Contractor including overheads and a reasonable profit.