Warranty Statement The following warranties are provided to the purchaser (“Customer”) by IDFORCE or any affiliate (“Seller”) who is the seller of IDFORCE original Equipment, Parts, Software, docum ents and/or Services to the Customer. U nless otherwise defi n ed within anot her sectio n of th is Wa rra nty Statem ent , defined terms use d herein shall h ave the meaning s et forth in Clause 9 of this Warranty Statement. Any changes to the warranties offered by IDFORCE shall be committed to writing and signed by the parties in any services ag ree ment , sale and supply agreem ent or any ot her written agree ment entered i nto between t he parties. WARRANTED P RODUCTS. A. Title. Seller warrants that it shall provide Customer good title to the products sold to the Customer under exp ress warr anty (“W arranted Pro ducts”). B. Specifications. Seller warrants that Warranted Products sold will upon delivery substantially conform to the app licable spec ifications sign ed off by the Sel ler. C. Materials and Workmanship. Seller warrants Warranted Product s ag ainst failures due to defect s in materials and workmans hip for the ap plicable warranty p eriod set forth in par agraph F below ( “Warranty Period”). Customer ackn owledges th at consuma ble parts and parts which are design ed to fail in order to p rotect persons or equipment, have an expected useful life under normal use that is inherently shorter than the applicable Equipm ent or Parts W arranty Period, and as such are not warranted ag ainst such failu re, except as specifically described in parag raph F below. Normal wear and tear on all such parts and on pro ducts is outside of the scop e of any warranty. If the Customer without authority to do so, sells or otherwise transfers Warranted Products to a third party, all warranties will be void and immediately end. All of the Seller’s warranties will also autom atically end for Wa rranted P roducts that: 1) are op erated under co nditions differing from tho se disc losed by Cus tomer to Seller; 2) have no t been transpo rted, sto red, erec ted, inst alled, m aint ained or o pera ted in accordance with good industry practice; 3) have not been o perated or m aintained usi ng t he Seller’s operation, service, and/or maintenance manuals, rec ommendation s and or that t he above instructions have been misapp lied or misus ed; 4) h ave been subj ected to abnor mal con ditions, affected by external factors, are altered or repaired in any manner not authorized by the Seller or are dam aged; or 5) co ntain parts or components not suppl ied by the Seller. D. Exclusions. The Seller does not warrant 1) used pro ducts t hat are sold “As Is”; 2) th ird-party item s sour ced on behalf of the C ustom er; or 3) partner pro ducts. Third-party and partn er product s ma y be warr anted separately by their resp ec tive m anufacturers and subject to warranty limit atio ns in term s of Cl ause 10.5 of the IDFORCE Terms and Conditions, Seller will assign to the Cu stomer whatever right s and rem edies Seller obtains under those warranties, and submit warranty claims on the Customer’s behalf. The following item s are specifically excluded from any Warranted Product or Service: a. Uninterru pted or erro r-free o peration; b. Loss of, or damage to, the Cu stomer’s data; c. Any third party software programs, whether provided with the Warranted Pro duct or installed subs equen tly; d. Failure or damage resulting from misuse, accident, mod ification, unsuitable physical or o perating environment, natural disasters, power surges, or improper maintenance by you; e. Damage cause d by a non-aut horized service provid er; f. Failure of, or damage caused by, any third-party products, including those that the Seller may provide or integrate into the Warranted Product at the Customer’s req uest; and g. Any technical or ot her suppo rt, suc h as assistance with “how-to” questions and those reg arding pro duc t set-up and inst allation. Any removal or alteration of identification labels on the Warranted Products or any part therein will void the warranty. E. Partial Repairs of Orig inal Equipment. For Equipm ent or Parts that are not fully repaired, t he fo regoing warranty shall apply o nly to those parts and componen ts replaced by Seller or rebuilt by Sel ler to the Seller’s original specificatio ns as part of the repair. Further, because this is o nly a repair or replaceme nt of specifi c aspects of the Equipm ent or compon ent, Seller will onl y re-cer tify the s peci fic item s t hat are repl aced or repaired to Seller’s specificati ons, and Seller does not re-certify t hat the machin e itself is in comp liance with the approval and certification requirem ents. F. Warranty Periods. The Warranty Period fo r Equipm ent shall begin on the earliest of 1) upon receipt by the Customer, 2) 45 days after shipment from Seller’s facility, or 3) the date of commissioning. The Warranty Period for the hardware and parts, as well as workm anship is 12 (twelve) months. The Warranty Period for all services is 30 days. Please note that this is a general warranty period and that specific part s or item s may carry a shorter warranty period. Moreover, third party parts or items will carry the warranty of the manufacturer. Howev e r, the S el ler will pa ss t hroug h all t h i r d -pa r ty warr anti es to t he Cus to mer. Fi nally , where a part is r eplaced or repaired under warranty, t he Seller will warrant the replaced part fo r the rem ainder of the o rigi nal warranty period on ly. SOFTWARE. Seller is directed to the License Agreement for Software for any warranties in relation to such softw are. SERVICES. Seller warrants that Warranted Services performed by the Seller will be performed in a go od and workma nlike manner, and that q uoted services will co nform in all material respects to t he applic able descriptio ns fo r the quoted services provided by Seller. The Wa rranty Period fo r services shall be t hirty (30) days from the date of com pletion of performance of the Services. CLAIMS. No warranty claim shall be considered unless Customer c ompletes t he Seller’s standard Warranty Claim Form (available upon request), or another c laim form approved in writi ng by Seller, and submit s the sam e to the Seller with in the app licable W arranty Period, but in no event later t han t he earlier of: a) 5 days after Cu stomer becom es aware (or in the exercise of reaso nable diligence, ought to have learned) of the failure to confo rm wit h the warranty, or b) the date on which the failed item is delivered to the Seller, and unless the Custom er c ooperates with the Seller and p rovides inform ation and docume ntati on as necessar y to p ermit the Sel ler to fully inve stigate the w arr anty cl aim. The Cus tome r sh all r eturn the i tem, where applic able, in accordance with the Seller’s return delivery policy. Or, if requested by the Sel ler , the Custom er shall make t he faile d item available at a co nvenient loc ation. REMEDIES. If, in its reasonable judgment, the Seller determines that the warranty claim is valid, then the Seller wi ll: a) Warranted Pro ducts. At its sole option, either repair or replace the non- conforming W arranted Product or non-co nformin g port ion(s) of the p roduct to the Cu stomer’s p rem ises or, if s uch r epair or repl acem ent is impractical, issue a credit toward future purchases from Seller in the amount of the p rice of the non-conforming W arranted Pro d uct or non-co n forming po rtio n(s) at the tim e of its failure. A replaceme nt will be with either a new or u sed part, and, if t he latter, will be warranted to op erate in accordance with t he Specifications for the remainder of the applicable Warranty Period. Prio r to replacem ent, the Cu stomer shall remove all feature s, part s, options, alterat ions, and attachments no t u nder warranty service; (ii) ens ure t hat the product or part is free of any legal obligations or restrictions that prevent its replacement; and (iii) if the Customer is not the owner, then obtain authorization from the owner to carry out any replacem ent or repair. b) Services. Correct t he non-conformance, or if such correctio n is imp ractical, at Seller’s option, either ref und without interest a portion of the price paid by Customer for such Services or issue a credit to Customer in such amount toward future purchases from Seller. CONDITIONS. In no event shall Seller be responsible fo r expen ses incurre d by Cus tom er in removi ng , de-inst alling, moving to a service area, bri nging to a l oading area or place, replacing or attem pting to repa ir any Warranted P ro duct or Software, whether or not no nconfo rming. Cu stomer shall return at it s exp en se, the defective or no n-confo rming Products to t he Seller in the event of a claim being i nst ituted. EXCLUSIVITY. THE WARRANTIES IN THIS STATEMENT ARE THE SELLER’S SOLE A ND EXCLUSIVE WARRANTIES. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDI NG WITHOUT L IMITATION WA RRANTIES OF MERCHANTABILITY, FITNESS FO R PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF A NY PARTY’S RIGHT, OR THAT THE OPERATION OF ANY SOFTW ARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR WARRA NTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION, ALL OF WHICH THE SELLER EXPR ESSLY D ISCLAIMS AND THE CUSTOMER WAIVES. THE ABOVE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES OF THE CUSTOMER FOR BREACH OF ANY WARRANTY THE SELLER PROVIDES. LIMITATION O F L IABILITY. The Seller shall not be held liable for t hird party claims, loss o r damage to d a ta, a ny loss of p rofit s or reve nues, loss of op portunity or pro d uctivity, increa sed o perational or c apita l l oss or exemplary or punitive damages, or any ot her co nsequen tial, special, indirect, or incidental damages of any kind. In no event will the Seller liable to t he Cust ome r, u nder any lega l t heo ry, including, but not limited to, tort, delict, i ndemni ty, or co ntributio n, in an aggr egate am ount gr eate r t han the price of t he eq uipm en t, parts , and/or services provided that gave rise to the claim. GOVERNING LAW. This W arranty Statem ent will be gover ned by the parties' ag reed choice of law in the underlying sales transaction or, if none has been agreed, by the laws of New South Wales, Australia without regard to the 1980 United Nations Convention on Contracts for the Intern ational Sale of Goo ds. TERMS AND CONDITIONS. Al l sales are subject to the Seller’s standard terms and condit ions unless otherwise agreed betwee n the Seller and the Cu stomer in a written agreem ent. DEFINED TERMS. As use d her ein and subject to the exclusio ns: a) “E quipm ent” means the IDFORCE equi p ment design ated in t he Propo sal o r sold to Cu stomer; b) “Parts” means t he IDFORCE parts o r co mponent s d esignated in the Proposal or sold to Customer; c) “Proposal” m eans Seller’s propo sal, offer, or quotation, as accepted by the Customer; d) “Quoted Services” means IDFORCE services stated in Seller’s Proposal or sold to Cu stomer; e) “Used Pro ducts” m eans Equipm ent or Part s origin ally manufactured by or fo r Seller but which are design ated in t he P ropo sal as “used;” f) “W arranted P ro ducts” m ean s new Equipm ent and new and/or used replacem ent Parts; g) “W arranted Serv ices” means Quoted Services, and any training, consulting, inspectio n, testing or other services that may be provided by Seller in connection with Seller’s products or softwar e or the Prop osal o r any ag reemen t result ing t herefrom.