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DocuSign Envelope ID:6ADCODA4-8OF1-42F5-A151-C7F99A87D2A7
<br /> option, either repair or replace the defective materials CONFIDENTIAL DATA
<br /> without charge or credit or refund the purchase price
<br /> of the defective material, provided that: (i) the defect
<br /> appears within the applicable warranty period or thirty
<br /> (30) days, whichever is less, (ii) Buyer notifies Seller Confidential or sensitive information as relates to any
<br /> in writing of the claimed defect promptly after Buyer use of names, addresses, social security numbers,
<br /> knows or reasonably should know of the claimed pin numbers, account numbers, etc. that is deemed
<br /> defect, and (iii) Seller's examination of the material confidential to a person or persons shall not be
<br /> discloses that the claimed defect actually exists. transmitted, sent, copied, or given to the Seller by the
<br /> Buyer. Where an application or service requires
<br /> THE FOREGOING WARRANTIES ARE IN LIEU OF testing using data, then the test data is to be specific
<br /> AND EXCLUDE ALL OTHER EXPRESS AND test records, files, blocks, etc. not containing
<br /> IMPLIED WARRANTIES, INCLUDING BUT NOT confidential data. Any release of confidential data by
<br /> LIMITED TO WARRANTIES OF the Buyer to the Seller is to be noted immediately to
<br /> MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE. BUYER'S SOLE AND both parties with the information returned to the
<br /> EXCLUSIVE REMEDY SHALL BE SELLER'S Buyer.
<br /> OBLIGATION TO REPAIR, REPLACE, CREDIT,OR
<br /> REFUND AS SET FORTH ABOVE.
<br /> LIMITATION OF LIABILITY - SELLER SHALL IN
<br /> NO EVENT BE LIABLE TO BUYER OR TO ANY
<br /> ASSIGNMENT PERSON OR COMPANY USING ANY PRODUCT
<br /> OR SERVICE SUPPLIED UNDER THIS
<br /> AGREEMENT FOR ALLEGED LOST PROFITS,
<br /> Buyer shall not assign any right or interest under this LOST REVENUES, DOWNTIME, OR OTHER
<br /> Agreement without the prior written consent of Seller. ALLEGED INDIRECT, SPECIAL, RELIANCE,
<br /> Any attempted assignment or delegation in INCIDENTAL OR CONSEQUENTIAL LOSS OR
<br /> contravention of the above provisions shall be void DAMAGE ARISING OUT OF THIS AGREEMENT
<br /> and ineffective. OR ANY OBLIGATION RESULTING THEREFROM
<br /> OR THE USE OR PERFORMANCE OF THE
<br /> MATERIAL, WHETHER IN AN ACTION ARISING
<br /> CHOICE OF LAW/CHOICE OF FORUM OUT OF BREACH OF WARRANTY, BREACH OF
<br /> CONTRACT, DELAY, NEGLIGENCE, STRICT
<br /> TORT LIABILITY OR OTHERWISE. SELLER'S
<br /> This Agreement shall be governed by and interpreted ENTIRE LIABILITY FOR ANY CLAIM OR LOSS,
<br /> under the laws of the State of North Carolina. The DAMAGE OR EXPENSE FROM ANY CAUSE
<br /> parties hereby consent that any and all actions to WHATSOEVER SHALL IN NO EVENT EXCEED
<br /> enforce this Agreement or any portion thereof shall be THE REPAIR OR REPLACEMENT COST OR
<br /> brought in the general courts of justice in Guilford PURCHASE PRICE, WHICHEVER IS LOWER, OF
<br /> County, North Carolina. THE ITEM OR SERVICE THAT DIRECTLY GIVES
<br /> RISE TO THE CLAIM. NO ACTION OR
<br /> PROCEEDING AGAINST SELLER MAY BE
<br /> FORCE MAJEURE COMMENCED MORE THAN SIX (6) MONTHS
<br /> AFTER THE MATERIAL IS INITIALLY SHIPPED OR
<br /> THE SERVICES ARE PERFORMED.THIS CLAUSE
<br /> Seller shall not be held responsible for any delay or SHALL SURVIVE FAILURE OF AN EXCLUSIVE
<br /> failure in performance to the extent such delay or REMEDY.
<br /> failure is caused by fire, flood, explosion, war, strike,
<br /> embargo, government requirement, act of God,
<br /> inability to secure raw material or transportation NON-WAIVER
<br /> facilities, act or omission of carriers or suppliers or
<br /> any other causes beyond its control whether or not
<br /> similar to the foregoing. No course of dealing, course of performance, or
<br /> failure of Seller strictly to enforce any term, right, or
<br /> condition of this Agreement shall be construed as a
<br /> waiver of such term, right, or condition.
<br /> DYNAMIC
<br /> QUEST;` Dynamic Quest // 336.370.0555 // dynamicquest.com Page: 6
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