CONDITIONS OF SALE and PURCHASER’S ACCEPTANCE If Purchaser does not wish to accept the goods received subject to these terms and conditions, Purchaser must return the goods F.O.B. PowerEdge Products LLC (hereinafter called “Company”) and the returned goods must be received in their original box within 30 calendar days of the ship date for a refund of the purchase price and cancellation of this agreement. All of Company’s sales are made pursuant to these terms & conditions. No modification or addition to these terms and conditions shall be binding on the Company unless specifically agreed to in writing and signed by an officer of the Company. All sales shall be governed by the laws of the State of Ohio and Purchaser agrees Stark County, Ohio shall be the exclusive jurisdiction for all claims. INSTALLATION AND SERVICE CONDITIONS. Unless otherwise indicated in writing by the Company the subject goods are recognized in accordance with UL 467 and are designed to meet the conditions for the purposes of grounding and bonding #6-350 kcmil and #12 AWG-2/0 AWG. Products intended for use under other conditions or where duty imposed will exceed standard ratings, requires special consideration and all transactions involving application under such conditions must be referred to the home office of PowerEdge Products LLC, 4836 Orchard Dale Dr NW Canton, OH 44709 or 330-494-7314. The Company reserves the right to refuse complaint expense in connection with product failure attributable by it to such excessive service duty or unusual conditions. PowerEdge Products are not intended for use in connection with any nuclear installation or activity. If so used, the Company disclaims all responsibility of every kind, including negligence, and in addition the Purchaser shall indemnify the Company and hold it harmless for any liability or damage whatsoever arising out of the use of its products in such manner. Purchaser’s failure to install in strict accordance with Company’s installation instructions by a “qualified person”, as that term is defined in the National Electrical Code, shall void any warranty. LIMITED WARRANTY and LIMITATION OF REMEDIES. Company warrants to the Purchaser that the goods sold will be free from latent defects in material and workmanship for a period of three (3) months from date of shipment. Company shall, at its option and expense, repair or replace nonconforming or defective Products F.O.B. Company’s warehouse provided Purchaser give written notice to Company of any nonconformity or defect within three (3) months from date of shipment. The foregoing shall constitute the sole and exclusive remedy of the Purchaser and the sole liability of the Company. The Company will not be liable for incidental, consequential, special, punitive, and exemplary damages arising out of or in any way connected with this agreement to sell goods to Purchaser or the goods, including but not limited to, damages for lost profits, loss of use, lost data, or for any damages or sums paid to 3rd parties, even if Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILTY AND FITNESS FOR PARTICULAR PURPOSE.