SURPLUSPLUS

SURPLUSPLUS LIMITED WARRANTY AND CONDITIONS OF USE:

SURPLUSPLUS makes no warranty, express or implied, with respect to the products. In particular, SURPLUSPLUS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. SURPLUSPLUS liability arising out of any sale of products to Customer is expressly limited to refund of the purchase price paid by Customer for such products (without interest), or (2) Repair and/or replacement of such products, at SURPLUSPLUS election, and such remedies shall be exclusive and in lieu of all others. Customer must notify SURPLUSPLUS within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and SURPLUSPLUS remedies, with respect to defective or nonconforming products, are solely and exclusively as stated herein. Further, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered or altered in any way.

Products are intended for commercial use only. SURPLUSPLUS does not determine the specifications; conduct any performance or safety testing of any products that it sells. Specification sheets provided to customers are produced by the manufacturer or transcribed from information provided by the manufacturer. SURPLUSPLUS does not participate in any product safety engineering, product safety review or product safety testing. SURPLUSPLUS cannot provide any safety testing, safety evaluation or safety engineering services. Products sold by SURPLUSPLUS are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage. If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer's sole risk; (2) Customer agrees that SURPLUSPLUS 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) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD SURPLUSPLUS 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.

If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and SURPLUSPLUS shall have no responsibility or liability for the content or use of such statements or advice.