Statement Regarding Warranties

This Statement Regarding Warranties (the “Statement”) is made as part of the General Terms and Conditions for Sale of Goods (the “General Terms and Conditions”), and this Statement is expressly incorporated into such General Terms and Conditions. Capitalized terms used but not separately defined in this Statement shall have the meaning ascribed to such terms in the General Terms and Conditions.

The Statement applies to the sale of the Goods by the applicable Seller identified or referenced on the applicable Sales Document to the Buyer, as defined further in the General Terms and Conditions and the applicable Sales Document.

Seller provides no express warranty or guaranty of any kind with respect to the Goods. To the extent permitted by the applicable warranty terms, Seller will pass through to Buyer any third-party manufacturer’s warranty with respect to the Goods (each a “Manufacturer’s Warranty”). Seller is not responsible for any terms, conditions, limitations, exclusions, delays, lack of availability or otherwise with respect to any Manufacturer’s Warranty; provided, however, that Seller will reasonably cooperate with Buyer (at no cost to Seller) to facilitate any pass through of such Manufacturer’s Warranty to Buyer to the extent permitted by such Manufacturer’s Warranty.

SELLER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE GOODS OR THE TRANSACTIONS INVOLVING OR RELATED TO THE PERFORMANCE OF THE AGREEMENT (AS SUCH TERM IS DEFINED IN THE GENERAL TERMS AND CONDITIONS), WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR OTHERWISE.