QualTest & Control Inc. Sales Agreement

READ CAREFULLY BEFORE OPENING THE PACKAGE. BY OPENING THE SEALED PACKAGE CONTAINING THE SOLD ITEM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS WARRANTY. THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND QUALTEST & CONTROL INC. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED PACKAGE FOR A FULL REFUND.

Paragraph 1.

LIMITED WARRANTY

Seller warrants the product as a pre-owned production item (AS IS), but not related services or prototypes of such items, to be free from defects in material and workmanship and to be in conformance with the written specification contained in the Quotation and amendments thereto, if any, and referenced in an order accepted by seller. Seller warranties the sold item for a duration 45 days from the date of shipment. If any defect in material or workmanship or failure to conform to such specification ("Defect") is suspected in any such items, Buyer, after obtaining a Returned Material Authorization Number from the seller, shall ship suspected defective samples of the items to Seller, following Seller's instruction regarding the return. No product will be accepted for repair, replacement, credit or refund without the written authorization of and in accordance with Seller's instructions. Seller shall analyze the failures, making use, when appropriate, of technical information provided by Buyer relating to the circumstances surrounding the failures. Seller will verify whether any Defect appears in the items. If Seller determines that the returned products are not defective, Buyer shall pay Seller all costs of handling, inspection, repairs and transportation at Seller's then prevailing rates. Seller shall, at Seller's option, either credit or refund the purchase price or repair or replace without charge at Seller's manufacturing or repair facility the defective product with the same or equivalent product provided: (i) the defect appears within forty five (45) days from the date of shipment of items; and (ii) Seller's examination of the items discloses that the claimed defect actually exists. In the event of a replacement, Seller shall ship the replacing items FOB point of origin, freight prepaid to buyer's destination. Any replaced item shall become Seller's property. The method of disposition of any replaced items is determined by the Seller. Repairs and replacements covered by the above warranty are warranted to be free from defects as set forth above except that the defect must appear within forty five (45) days from the date of shipment of the repaired or replacing item, at which time the limited warranty of a repaired item expires.

Paragraph 2.

NO OTHER WARRANTIES

Except as stated in the section LIMITED WARRANTY, Seller, its subsidiaries and affiliates, subcontractors and suppliers make no warranties, express or implied and specifically disclaim any warranty of merchant ability or fitness for a particular purpose. Buyer agrees to purchase this pre-owned item "AS IS" and its exclusive remedy shall be Seller's obligation to refund the purchased price if defect occurs during the warranty period. This warranty applies only to Buyer and may not be assigned or extended by Buyer to any of its customers or other users of the items. Seller will not accept returns from Buyer's customers or users of Buyer's products.

(a) Except as expressly set forth in paragraph 1, no other warranties are made with respect to the product. QualTest & Control Inc. expressly disclaims all warranties not stated in this agreement.

(b) QualTest & Control Inc. does not warranty that the function of the product will meet your requirement or that the operation of the product shall be uninterrupted or error-free.

(c) You assume responsibility for the selection of the product to achieve the results intended by you and the installation, use, and results obtained from the operation of the product.

Paragraph 3.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Seller or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, misuse, neglect, accident or abuse or operating or environmental conditions that deviate from the parameters established in applicable specifications, or have been improperly installed, stored, maintained, repaired or altered by any other than Seller, or loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. In any case the Seller's entire liability under any provision of this agreement shall be limited to refund of the amount actually paid by the Buyer. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to the buyer.

Paragraph 4.

BUYER'S ACKNOWLEDGMENT

By breaking the seal on this package, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that this agreement is the complete and exclusive statement of the agreement between you (either an individual or entity) and QualTest & Control Inc. and that it supersedes any prior agreement, oral or written and any other communications between you and QualTest & Control Inc. relating to the program described in this agreement.

QUALTEST & CONTROL INC.