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claim whether in contract, tort, warranty, or otherwise. Buyer will indemnify, defend and
hold seller harmless from any claims based on (a) Seller’s compliance with buyer’s designs,
specifications, or instructions, (b) Modification of any products by anyone other than Seller,
or (c) use in combination with other products not supplied by seller.
Standard Terms and Conditions
Use of Products:
Unless otherwise specified. Products sold by Seller are not designed,
intended or authorized for use in life support, life sustaining, nuclear, or other applications in
which the failure of such Products could reasonably be expected to result in personal injury,
loss of life or catastrophic property damage. If buyer uses or sales the Products for use in
any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk;
(2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or
in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify,
defend and hold Seller and the manufacturer of the Products harmless from and against any
and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection
with such use or sale.
Force Majeure:
Seller is not liable for failure to fulfill its obligations for any accepted
Order or for delays in delivery due to causes beyond Seller’s reasonable control including,
but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier,
shortage of Product, acts or omissions of other parties, acts or omissions of civil or military
authority, Government priorities, changes in law, material shortages, fire, strikes, floods,
epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to
obtain labor, materials or products through its regular sources, which shall be considered as
an event of force majeure excusing Seller from performance and barring remedies for non-
performance. In an event of force majeure condition, the Seller’s time for performance shall
be extended for a period equal to the time lost as a consequence of the force majeure
condition without subjecting Seller to any liability or penalty. Seller may, at its option,
cancel the remaining performance, without any liability or penalty, by giving notice of such
cancellation to the Buyer.
General:
(a) Seller will comply with state law for any dispute from buyer. (b) Buyer may
not assign this Agreement without the prior written consent of Seller. Seller or its affiliates
may perform the obligations under this Agreement. This Agreement is binding on successor
and assigns, (c) Products, including software or other intellectual property, are subject to any
applicable rights of third parties, such as patents, copyrights and/or user licenses.
Contact Information
Summary of Contents for CSST13020
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