WARRANTY. (a) Seller warrants that (i) the Goods shall conform to the manufacturer’s specifications specifically set forth in the Order and title to the Goods shall be free from any security interest, lien or encumbrance upon Seller’s receipt of full payment for the Goods, and (ii) Seller shall perform the Services, including any value-added work performed by the Seller, in a workmanlike manner in accordance with the specifications specifically set forth in the Order. (b) The foregoing warranties will last for the following period (the “Warranty Period”): (i) for Goods, 12 months after the date that the Goods are available for shipment, and (ii) for Services, three months after completion of the Services. (c) If during the Warranty Period any Goods do not meet the warranties set forth above, the Seller’s sole and exclusive liability shall be (at Seller’s option) to repair or supply identical or substantially similar replacement Goods EXW (EX Works) the Facility or credit Buyer’s account for any such goods which are returned by Buyer during the applicable warranty period set forth above, or re-perform the Services (as applicable) provided (i) Seller is promptly notified in writing upon discovery by Buyer that such goods failed to conform to the terms hereof, with a detailed explanation of any such alleged deficiencies, (ii) such goods are returned to Seller, DDP (Delivery Duty Paid) at Seller’s designated delivery point, upon Seller’s written authorization and issue by Seller of a Return Material Authorization (“RMA”) Number, and (iii) Seller’s examination of the goods shall disclose that such alleged deficiencies actually exist and were not caused by accident, misuse, neglect, alteration, improper installation, failure to follow manufacturer’s instructions for storage/ usage / installation / use / maintenance, unauthorised repair or improper testing. The Seller’s warranty obligation will not apply if the Buyer fails to notify the Seller of any defect in accordance with Section 9 where the defect should have been reasonably apparent on reasonable inspection. If Seller elects to repair or replace such goods, Seller shall have a reasonable time to make such repairs or replace such goods. Any replacement Goods or re-performed Services will be warranted for the unexpired portion of the Warranty Period applicable to the particular Goods or Services. (d) Seller will not be responsible for transportation costs or for the costs of removal, installation, re-installation or making of access of any Goods or items, where such transportation, removal, installation, re-installation or making of access is required to repair or replace any defective Goods or to reperform Services. Furthermore, Seller will not be responsible for and assumes no liability for materials or workmanship, labor costs or other related expenses for any work performed by third parties in the repair or replacement of defective Goods or the re-performance of Services. (e) This warranty will be voided if (i) the Goods or the subject of the Services have not been stored, installed, maintained or operated in accordance with accepted industrial practice or any specific instructions provided by the manufacturer; (ii) the Goods or the subject of the Services have been subjected to any accident, misapplication, environmental contaminant, corrosion, damage, debris, improper passivation, neglect, abuse or misuse; (iii) Buyer has modified the Goods or the subject of the Services without Seller’s prior written consent; (iv) Buyer has used or repaired the Goods or the subject of the Services after discovery of the defect without Seller’s prior written consent; (v) Buyer refuses to permit Seller to examine the Goods or the subject of the Services and operating data to determine the nature of the defect claimed; or (vi) Buyer fails to meet its obligations. (f) Goods not manufactured by Seller are subject only to warranties of Seller’s vendors and Seller hereby assigns to Buyer all rights in such vendor’s warranties, however, Seller shall furnish to Buyer reasonable assistance in enforcing such rights. Where the assigned manufacturer’s warranty is of less duration than the above defined 12 month warranty period, the Seller will free of charge provide the Seller’s warranty for the Goods for the gap period in excess to the manufacturer’s Warranty period in order to provide a minimum cumulative “Warranty Period” of 12 months for Goods. (g) Inexpensive items requiring repair or replacement and routine maintenance-related or consumable items shall be outside the scope of these limited warranties. (h) Seller’s performance guarantees, if any, shall be deemed to be met by a satisfactory demonstration of the guaranteed performance parameters during a performance test, which shall be the responsibility of Buyer and to be based on test procedures as specified in the Order or, if not specified in the Order, to be based on test procedures mutually agreed upon by Seller and Buyer. In the absence of a performance test within 60 days of first startup, unless otherwise specified in the Order, Seller’s performance guarantees are deemed to have been met. (i) ALL WARRANTIES OR REPRESENTATIONS NOT SPECIFICALLY INCLUDED IN THE TERMS AND CONDITIONS, INCLUDING THOSE WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WHETHER EXPRESSED, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING, USAGE OF THE TRADE OR OTHERWISE WITH RESPECT TO ANY GOODS OR SERVICES, ARE EXPRESSLY EXCLUDED. (j) BUYER’S REMEDIES ARE SPECIFICALLY LIMITED TO THE REPAIR OR REPLACEMENT OF THE GOODS OR THE RE-PERFORMANCE OF THE SERVICES, AS APPLICABLE, DURING THE WARRANTY PERIOD, AND ARE EXCLUSIVE OF ALL OTHER REMEDIES. SHOULD THESE REMEDIES BE FOUND INADEQUATE OR TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE FOR ANY REASON WHATSOEVER, BUYER AGREES THAT RETURN OF THE AMOUNT PAID BY BUYER TO SELLER UNDER THE CONTRACT SHALL PREVENT THE REMEDIES FROM FAILING OF THEIR ESSENTIAL PURPOSE AND SHALL BE CONSIDERED BY BUYER AS A FAIR AND ADEQUATE REMEDY.