WRG Services Inc.   Manufacturer’s Warranty R01.01.08

1. Hardware: Seller warrants that new hardware Products furnished hereunder will be free from defects in material and workmanship for a period of thirteen (13) months (twenty-four months for the PHX-1000 CPU) from the date of shipment from Seller’s factory in Willoughby, Ohio. Repaired, replaced or field exchanged Products (and components of Products) provided as a result of this warranty subparagraph are similarly warranted for a period of three (3) months from the date of shipment from Seller’s factory in Willoughby, Ohio, or the remainder of the original warranty term for that particular Product, whichever is longer.
2. Software and Firmware: Unless otherwise provided in a Seller or third party license, Seller warrants that standard software or firmware Products furnished hereunder, when used with Seller-specified hardware, will perform in accordance with published specifications prepared, approved, and issued by Seller for a period of thirteen (13) months from the date of shipment from Seller’s factory in Willoughby, Ohio. Seller makes no representation or warranty, express or implied, that the operation of the software or firmware Products will be uninterrupted or error free, or that the functions contained therein will meet or satisfy Buyer's intended use or requirements.
3. Non-Warranty Factory Remanufacture: Seller warrants that non-warranty factory remanufactured hardware Products will be free from defects in material and workmanship for a period of thirteen (13) months from the date of shipment from Seller’s factory in Willoughby, Ohio.  Repaired, replaced or field exchanged Products (and components of Products) provided as a result of this warranty subparagraph are warranted for a period of three (3) months from the date of shipment from Seller’s factory in Willoughby, Ohio, or the remainder of the original warranty term for that particular factory remanufactured Product, whichever is longer.
4. Services: Seller warrants that Products comprised solely of services (e.g., training, and on-site repair) will be performed by appropriately skilled personnel employed or retained by Seller.
5. "Open Box" Products: Seller warrants that hardware Products sold as “Open Box” (specifically, customer and distributor returns, and factory refurbished or reconditioned products) will be free from defects in material and workmanship for a period of three (3) months from the date of shipment from Seller’s factory in Willoughby, Ohio. “Open Box” Products, while serviceable, may not reflect the latest series or revision. Repaired or replacement Products provided as a result of this warranty subparagraph are similarly warranted for a period of one (1) month from the date of shipment from Seller’s factory in Willoughby, Ohio, or the remainder of the original three (3) month warranty term for that particular “Open Box” Product, whichever is longer. 
6. Buyer Specifications/Compatibility: Seller does not warrant and will not be liable for any design, materials, construction criteria or goods furnished or specified by Buyer (including that sourced from other manufacturers or vendors specified by Buyer). Any warranty applicable to such Buyer-specified items will be limited solely to the warranty, if any, extended by the original manufacturer or vendor directly or indirectly to Buyer. Seller does not warrant the compatibility of its Products with the goods of other manufacturers or Buyer's application except to the extent expressly represented in Seller's published specifications or written quotation.
7. Recyclable Materials: In keeping with environmental policies and practices, Seller reserves the right to utilize in its product manufacturing, repair and remanufacturing processes certain recyclable materials (e.g., fasteners, plastics and the like) or remanufactured parts equivalent to new in performance or parts which may have been subject to incidental use. However, such utilization will not affect any provided Product warranty.
8. Remedies: Remedies under the above warranties will be limited, at Seller's option, to the replacement, repair (consisting of parts and Seller’s factory labor), or modification of, or issuance of a credit for the purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to Seller's instructions. Replacement Products may be new, remanufactured, refurbished or reconditioned at Seller's discretion. Buyer requested on-site warranty service (consisting of time, travel and expenses related to such services) would be at Buyer's expense. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising there from.
9. General: Warranty satisfaction is available only if (a) Seller is provided prompt written notice of the warranty claim and (b) Seller's examination discloses that any alleged defect has not been caused by misuse; neglect; improper installation, operation, maintenance, repair, alteration or modification by other than Seller; accident; or unusual deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electromagnetic noise environment.  All Products are shipped F.O.B. Seller’s factory in Willoughby, Ohio.
10. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Rights under the above warranties (subject to noted limitations) extend to Buyer's customers if Buyer is a Seller-appointed distributor for the Products.

Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION, LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF SELLER HEREUNDER. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF SELLER'S VENDORS, APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.