Terms and Conditions

General: These terms and conditions supersede any previous terms and conditions. WARRANTY A. Product Warranty: Sandvik warrants its products to be free from defects in materials and workmanship for a period of one year from original retail sales. B. Software Warranty: Sandvik warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. 1. License: Sandvik is the exclusive owner of the enclosed Software and Documentation. We grant you , and you accept, a non-exclusive license to use the Software and Documentation, but you are not the owner of them. Your right to use the Software and Documentation under this Agreement is called the "License". By "Software", we mean the computer program recorded on the diskette, any update to it which we may later provide to you,and back-up copies made, and the diskette. By "Documentation", we mean the User Manual and other materials packaged with the Software. 2. Copyright: The Software and Documentation is owned by Sandvik and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may make duplicate copies of the Software only for your business use, provided that you place on each copy a label with your name and address and: "Property of Sandvik. Copyright 20__ Sandvik". THE ABOVE WARRANTIES COMPRISE SANDVIK'S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO BUYER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS, SOFTWARE AND DOCUMENTATIONS SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-POSE, ARE HEREBY EXCLUDED. HAZARDOUS PRODUCTS BUYER'S WARRANTIES AND ASSUMPTION OF DUTIES REGARDING SAFETY, HEALTH, UNLOADING, USE, HANDLING AND DISPOSAL OF THE PRODUCTS. A. Material Safety Data Sheets (MSDS) set forth information concerning the products and describes certain precautions to be taken in the storage, handling and use of the same. These MSDS are available from Sandvik upon request. Buyer assumes the following duties and obligations: 1. Buyer will familiarize itself with all information and precautions disclosed in the safety and health information, including, but not limited to, any MSDS, transmitted to Buyer by Sandvik or otherwise available to Buyer from Sandvik at any other time; 2. Buyer will adopt and follow safe handling, storage, transportation, use, treatment and disposal practices with respect to the products, including, but not limited to, all such practices required by federal state and local government statues, rules, regulations or ordinances; 3. Buyer will instruct its employees,independent contracts, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and disposal of the products, including, but not limited to, information contained in Sandvik's most current MSDS; and 4. Buyer will comply with applicable safety and environmental laws and take actions necessary to avoid any dangers to persons, property or the environment. B. BUYER WARRANTS THAT IT HAS USED ITS OWN INDEPENDENT SKILL AND EXPERTISE IN CONNECTION WITH THE SELECTION AND USE OF THE PRODUCTS AND THAT IT POSSESSES SKILL AND EXPERTISE IN THE HANDLING, STORAGE, TRANSPORTATION, TREATMENT, USE AND DISPOSAL OF THE PRODUCTS. BUYER HEREBY AGREES TO INDEMNIFY SELLER AGAINST ANY AND ALL CLAIMS FOR DAMAGE OR INJURY CAUSED BY BUYER'S BREACH OF THE ABOVE WARRANTY. LIABILITY The sole and exclusive remedy of any buyer (including without limitation, the original buyer and the remote purchaser) against Sandvik shall be the repair, replacement, or issuing of credit, at Sandvik's option, without charge of such items of Sandvik's manufacture as Sandvik agrees are defective in that they would not pass without objection in the trade. THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND BUYER FURTHER AGREES TO INDEMNIFY AND TO SAVE SANDVIK HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST SANDVIK TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS, SOFTWARE OR DOCUMENTATIONS SOLD OR SUPPLIED BY SANDVIK. PRICE & DELIVERY All deliveries shown as stock standard are subject to prior sale. Delivery time is defined from the date the order is received (along with all necessary information) to the date the order is shipped. Please refer to Sandvik Coromant's Direct Account Policy and/or Distributor Policy Manual for terms and conditions of shipping method and payment. The conditions of a delivery are contingent upon any causes beyond Sandvik's control including but not limited to Sandvik's inability to acquire the necessary materials, acts of God, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation. SANDVIK'S OBLIGATIONS HEREUNDER ARE SUBJECT TO CANCELLATION AND/OR RESCISSION BY SANDVIK AT OUR OPTION. RISK OF LOSS , INJURY OR DESTRUCTION OF THE PRODUCTS SHALL PASS TO BUYER UPON DELIVERY TO CARRIER. Sales taxes, use taxes, or similar taxes will be added where imposed. All sales are made in accordance with our standard written policies. Prices and stock symbols are subject to change without notice. GENERAL PROVISIONS Entire Agreement: This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or a greements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade. Severability: A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition. Governing Law: All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the Commercial Code of the State of New York without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods. EFFECTIVE: January 1, 1993 REVISED: February 5, 1996