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UNIVERSAL FLOW MONITORS, INC.
WARRANTY INFORMATION
1) ACCEPTANCE AND INTEGRATION CLAUSE: This
Sales Order Acknowledgment and the sales order
information that Universal Flow Monitors, Inc.
("Universal") attaches to or associates with it (herein
"Acknowledgment"), constitutes an acceptance by
Universal of an offer by the buyer upon the conditions and
terms and at the prices stated in this Acknowledgment.
The Acknowledgment contains the entire understanding of
Universal and the buyer regarding the subject matter of
said Acknowledgment. This Acknowledgment may only be
modified by a written agreement signed by the party
against whom enforcement is sought.
2) WAIVER: Waiver by Universal of any default(s) by the
buyer shall not constitute waiver by Universal of any of the
conditions of the agreement between Universal and the
buyer as set forth hereunder with respect to any further or
subsequent default by the buyer.
3) FORCE MAJEURE: Universal shall not be responsible
for failure or delays in deliveries due to fire, strikes,
breakdowns, acts of God, failure of carriers, inability to
secure required materials, or other causes beyond
Universal's control. Buyer waives any claims for damage
arising by virtue of delay in delivery of material by
Universal.
4) LIMITED WARRANTY:
(a) Warranty. For a period of one year from the date of
manufacture, Universal warrants that each product
covered by this Acknowledgment will be free from defects
in material and workmanship. In order to qualify for any
remedy provided in this Acknowledgment, buyer must give
notice to Universal within the one-year period, return the
product to Universal freight paid and intact with Material
Safety Data Sheets covering all substances passing
through the product or that form a residue on the product.
(b) Exclusive Remedy. The buyer's EXCLUSIVE REMEDY
for failure of any product to conform to any warranty or
otherwise for any defect is, at Universal's sole option: (i)
repair; (ii) replacement; or (iii) refund of the entire
purchase price for the specific product. Without limiting
the foregoing, in no case will Universal be liable for de-
installation of any defective product or installation of any
repaired or replaced product. THIS REMEDY IS THE
EXCLUSIVE REMEDY AVAILABLE TO THE BUYER OR ANY
OTHER PERSON. UNIVERSAL SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR OTHER DAMAGES IN
CONNECTION WITH ANY CAUSE OF ACTION, WHETHER
IN CONTRACT, TORT, OR OTHERWISE.
(c) Disclaimer of Other Warranties. The express
warranty in this Acknowledgment is in lieu of any other
warranty, express or implied. Without limiting the
foregoing, UNIVERSAL DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
(d) Special Note About Fitness for a Particular
Purpose. This website and other materials of Universal
may place products into, or display products in, categories
according to function, size, construction, materials, or
other property. This is for organizational purposes only
and NO PLACEMENT OF ANY PRODUCT IN ANY
CATEGORY OR ANY PRESENTATION OF A PRODUCT IN
RELATION TO OTHER PRODUCTS WILL CONSTITUTE A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.5)
PROHIBITEDUSES: As a condition of the sale of goods
or services, buyer will not use, sell, distribute, or otherwise
transfer for use, or permit to be used, sold, distributed, or
otherwise transferred any product purchased from
Universal for any of the following uses:
(a) Nuclear Energy Applications. Any application
involving, directly or indirectly: (i) exposure of any product
to any hazardous properties of nuclear material; (ii)
dependence on the proper functioning of the product for
the operation of a nuclear facility by any person or
organization; (iii) use in or for any equipment or device
used for the processing, fabricating or alloying of special
nuclear material if, at any time, the total amount of such
material on the premises where such equipment or device
is located consists of or contains more than 25 grams of
(A) Plutonium (any isotope) or Uranium 233 or any
combination thereof; (B) more than 250 grams of Uranium
235; (iv) use in, or for the control of any aspect of, any
structure, basin, excavation, premises or place prepared or
used for the storage or disposal of waste. The foregoing
include, without limitation, any application involving
nuclear material contained in spent fuel or waste that is
possessed, handled, used, processed, stored, transported
or disposed of, any application related to the furnishing of
services, materials, parts or equipment in connection with
the planning, construction, maintenance, operation or use
of any nuclear facility.
(b) Aircraft Applications. Any application involving
direct or indirect installation in or on, or use in connection
with, any aircraft or aircraft product.
(c) Definitions. As used in this section, the following
definitions apply, whether the terms use initial capitals or
not.
"Aircraft" includes powered and non-powered winged
aircraft, missiles, spacecraft, and other aeronautical craft
or mechanisms.
"Aircraft product" includes:
