6. WARRANTIES; LIMITATION OF LIABILITY; REMEDIES; DAMAGES. Seller warrants to
Buyer that (a) all new and unused goods and products furnished by Seller are (i) free from any
security interest, lien or encumbrance (other than in favor of Seller for the unpaid balance of all
amounts due Seller from Buyer with respect to the Product), (ii) non-infringing (with respect to
United States patents and foreign patents corresponding thereto), and (iii) are free from defect in
workmanship and material as of the time and place of delivery by Seller and that (b) all services
furnished by Seller are performed properly under applicable industry standards as of the time and
place of performance. As a matter of general warranty policy, Seller honors an original
purchaser’s warranty claims in the event of failure, within six (6) months from the date of
shipment by Seller, of warranted Products which have been used under normal conditions and in
accordance with generally accepted industry practices. The foregoing are general policies only
and may be expanded or limited for particular categories of goods and products or customers by
written agreement signed by Seller from time to time. Such warranties extend only to Buyer.
Except as expressly set forth in the first sentencce of this section 6, seller makes no express or implied
warranty that product sold hereunder is non-infringing. is of merchantable quality, or that the product shall be
fit for any particular purpose. There are mo other warranties expressed or implied by operation of law or otherwise.
Seller shall not be liable to buyer or anyone else for any special,
indirect, economic, incidental, exemplary, punitive, or consequential
damages of any kind arising out of or in connection with the product,
this contract, or any breach of this contract including, but not limited
to, any loss or damage resulting from the use of the product in Buyer's
manufacturing processes or in combination with other materials.
If the good or product does not conform to the warranties set
forth in this section, or if buyer makes any other claim of any sort
whatsoever, including the claims set forth above, against seller,
buyer's exclusive remedy shall be limited to, at Seller's option,
replacement or repair of the product or repayment of the purchase
price paid by byer (less reasonable depreciation based upon actual use),
provided that in the event of Seller's breach of warranty or any
other duty with respect to the quality of any services (including repair
under warranty), buyers exclusive remedy therefore shall be payment
or credit for Seller's actual charge therefore or, in the absence of an
actual charge, the customary or reasonable charge for such services,
and, if such breach also involves impairment of goods and products, the
exclusive remedies available for breach of warranty with respect to
the good or Product. Any Product supplied by Seller hereunder to replace a Product shall
be deemed supplied to Buyer subject to all of the terms and conditions of this Contract, including,
without limitation, those concerning warranties, limitation of liability, remedies and damages, to
the same extent as the Product. In the event Seller agrees to replace any Product or agrees to
repay to Buyer the purchase price of any Product supplied by Seller to Buyer under this Contract
pursuant to this portion of this Contract, Buyer agrees that it shall take reasonable steps, at
Seller’s written request, to return to Seller (at Seller’s expense) the product for which replacement
or repayment is sought. Seller makes no warranties, express or implied, as to the accuracy
or adequacy of information furnished to Buyer concerning the physical
characteristics and materials of, and protective measures to be taken
regarding the product. Seller shall not be liable for any error or omission in the preparation of such information.
Seller shall not be liable to Buyer, Buyer's employees, or anyone in connection with the
accuracy, adequacy or furnishing of such information.