Anacon Systems, Inc.- Product Warranty

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Product Warranty

Invertek Drives warrant, except with respect to unauthorized modification of the Products and parts, that products shall be free from defects in material and workmanship under normal use, and will meet the Products' specification for products and parts which have been properly warehoused, used, installed, or serviced. The foregoing warranty is extended to the Purchaser or Distributor only and is not transferable to subsequent purchasers or users of the Products, but said warranty shall survive the anticipated resale of the Products by the Purchaser or Distributor and further resale by the purchasers of the Distributor. Invertek Drives shall honor its warranties to the Purchaser or Distributor whether a breach is discovered by the Purchaser or Distributor or a subsequent user of the products.

The foregoing warranty of Invertek Drives shall expire upon the end of twelve (12) months from date of installation or eighteen (18) months from the date of shipment, whichever occurs sooner.

With respect to any Product which does not conform to specification, Anacon Systems' liability under its warranty shall be limited to issuance of a credit for any such Product, inclusive of freight, which is found to be non-confirming, providing that:

Anacon Systems shall be notified of any claim as to breach of warranty as soon as practical after the Purchaser or Distributor learns of the breach; and
For warranty claim(s), the Purchaser or Distributor will provide Anacon Systems a failure report each quarter without charge to Anacon Systems.

Invertek Drives shall not extend the warranty period, but authorized repair shall not void any Product warranty.

The product warranty for OPTIDRIVE products will be null and void if the product has been misapplied with "non-compatible motors".

Invertek Drives warrants that all of the Products sold to the Purchaser or Distributor will be delivered free of any security interest or other lien or encumbrance and that Invertek Drives will convey to the Purchaser or Distributor good title of such Products. Invertek Drives further warrants and represents to the Purchaser or Distributor that Invertek Drives owns all right, title and interest in and to the patents, copyrights, trademarks and other intellectual property necessary to make the transfer contemplated by this Agreement without violating or infringing upon any rights of any third party and without breach of any third-party license to Anacon Systems, and there is currently no actual or threatened suit by any third party based on an alleged violation, infringement or breach by Anacon Systems. Use of the intellectual Property after execution of the Agreement shall not be disturbed or interfered with subject to Anacon Systems' obligations herein.

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