THE CENTRIFUGE WARRANTY CONSTITUTES CSI’S SOLE AND EXCLUSIVE
WARRANTY WITH RESPECT TO ANY CENTRIFUGE PURCHASED HEREUNDER, EXCEPT
FOR THE CENTRIFUGE WARRANTY, CSI HEREBY DISCLAIMS ALL EXPRESS
WARRANTIES (WHETHER ORAL, WRITTEN OR ARISING BY PROMISE, DESCRIPTION
OR SAMPLE) AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF NON-INFRINGEMENT, ANY WARRANTY OF MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING BY
CUSTOM OR TRADE USAGE.
Purchaser represents that it has evaluated the CSI Centrifuges in light of the Centrifuge Warranty
and has determined that the CSI Centrifuges are fit and sufficient for Purchaser’s operations
(including the Processing applications). Purchaser acknowledges that it is solely responsible for
evaluating and choosing the sites where the CSI Centrifuges will be installed and the manner in
which CSI Centrifuges will be used. CSI does not warrant that the Environmental Protection Agency
(“EPA”) or any other regulatory authority has approved or certified the CSI Centrifuges for any
purpose. Purchaser assumes any risk, burden and/or costs of EPA or their regulatory compliance with
respect to any CSI Centrifuge acquired pursuant to this Agreement. CSI has made no inspection of
the sites where Purchaser intends to install the Centrifuges and disclaims any warranties with respect
to installation of the CSI Centrifuges. Purchaser shall use its best efforts to ensure that all persons or
entities renting or leasing CSI Centrifuges are informed of the foregoing exclusive warranty and
warranty disclaimer.
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