AquaPhoenix provides both products manufactured by AquaPhoenix (“AquaPhoenix Products”), products manufactured by third parties and distributed by AquaPhoenix (“AquaPhoenix Distributed Products”), and equipment assembled by AquaPhoenix (“AquaPhoenix Equipment Assemblies”). AquaPhoenix Equipment Assemblies are often composed of components manufactured by AquaPhoenix and products supplied by third party manufacturers. Separate warranties apply to each.

AquaPhoenix Products are warranted to comply with the specifications set forth on their label. For a period of 12 months from the date of delivery, AquaPhoenix shall, upon written notice from customer, at its sole discretion, replace the non-confirming product or refund the purchase price. This shall be customer’s sole remedy in the event of a breach of the warranty provided in this Section. All catalog information and statements by AquaPhoenix Scientific are believed to be correct but are given without warranty of any kind. AquaPhoenix Scientific’s products are for industrial, educational and laboratory use only. They are not intended for drug, food, or household use.

For its educational customers, AquaPhoenix compiles kits for its customers (each a “Customer Kit”). The components of each Customer Kit are defined in writing by the customer (the “Written Specifications”) and AquaPhoenix warrants that the components of its Customer Kits will match the Written Specifications. AquaPhoenix makes no representation or warranty regarding the fitness or safety of the components and the customer assumes all risk associated with the use of the Customer Kits.

The responsibility for the safe and legal use of the products, chemicals and reagents sold by AquaPhoenix Scientific rests entirely with the customer. We assume the customer to be competent and professional and to take the necessary precautions when handling, storing, and disposing of hazardous or nonhazardous materials. Customer shall defend, indemnify and hold AquaPhoenix harmless from any and all claims, damages, loss, liability, fines, payments, attorneys’ fees and expenses, arising out of and in connection with injuries (including death), or damage to property (including materials, machinery, tools, equipment) resulting from the negligent or illegal use of AquaPhoenix Products or Customer Kits by customer or any third party to whom customer provided the Customer Kit or AquaPhoenix Product.

AquaPhoenix warrants that AquaPhoenix Equipment Assemblies are assembled in accordance with their written assembly specifications and shall meet all written specifications and requirements for assembly. For a period of 12 months from the date of delivery, AquaPhoenix shall, upon written notice from customer, reassemble or repair the non-conforming AquaPhoenix Equipment Assemblies in the event of a breach of the warranty provided in this Section. If the reassembly or repair requires AquaPhoenix to send personnel to perform the repair or reassembly, customer shall be responsible for travel costs which exceed $1,000.00. In addition to the warranties granted herein by AquaPhoenix, for AquaPhoenix Equipment Assemblies and AquaPhoenix Distributed Products AquaPhoenix will, to the extent permissible, pass through to customer all available warranties and provide all available applicable original equipment manufacturer warranties for AquaPhoenix Distributed Products and third-party equipment which constitutes a part of any AquaPhoenix Equipment Assemblies.

Certain AquaPhoenix Equipment Assemblies rely on the availability of third-party networks. Customer acknowledges and agrees that AquaPhoenix is not responsible for the availability of these networks and under no circumstances shall AquaPhoenix have any liability for the failure of the AquaPhoenix Equipment Assemblies to properly function due to the availability, or lack thereof, of networks.

THE FOREGOING WARRANTIES ARE AQUAPHOENIX’S SOLE WARRANTIES FOR ANY PRODUCTS SOLD BY AQUAPHOENIX (WHETHER MANUFACTURED, ASSEMBLED OR DISTRIBUTED BY AQUAPHOENIX OR THIRD PARTIES). ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.