ADDITIONAL TERMS AND CONDITIONS OF SALE1. Loss in Shipment. Seller's responsibility for shipment shall cease upon delivery to carrier, and any claim for shortage, delay or damage occurring there shall be made by Buyer directly to the carrier. Any claim against Seller for shortages in shipments shall be made within fifteen (15) days after receipt of shipment.2. Limited Warranty and Disclaimer. Each item of New Equipment identified on the reverse side hereof is entitled to the benefits of such warranties are made in writing by the manufacturer thereof, as set forth on the manufacturer's warranty form in effect on the date of delivery. The term "New Equipment" means any items of equipment or parts that are registered or registerable as new equipment for purposes of the warranty provided by the manufacturer thereof. All other warranties of equipment or parts not specifically identified as Component Exchange Assembly ("CEX") on the reverse side hereof are "Used Equipment". Seller warrants any CEX described on the reverse side hereof to be free from defects and material and workmanship for a period of six (6) months following the date of delivery to Buyer. EXCEPT FOR A WARRANTY OF TITLE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITEMS OF NEW EQUIPMENT. EXCEPT FOR A WARRANTY OF TITLE BY SELLER, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITEMS OF USED EQUIPMENT, AND BUYER AGREES THAT HE HAS PURCHASED ALL SUCH ITEMS "AS IS" AND WITH ALL FAULTS AND DEFECTS.3. Warranty Procedure. Buyer shall promptly notify Seller of any claim under any applicable warranty (such notice to be in addition to compliance with the procedural requirement of the manufacturer's warranty}, and shall make the affected item available for inspection at a repair and service facility of Seller or in the field, at Seller's direction and election. Any such notice with respect to CEX must be given no later than two (2) weeks following the expiration of the applicabl e warranty period. If Seller determines that a defect in a CEX exists, Seller will, at its option, repair or replace the defective CEX. Any replacements or repairs to be made by Seller with respect to CEX or with respect to New Equipment (as warranty representative of the manufacturer) shall be made at a repair and service facility of Seller or its designee during regular business hours. The cost of transportation of the affected item to/from Buyer's facility from/to Buyer's facility from/to the service facility of Seller or its designee and the cost of Seller’s personnel traveling to and from the location of the affected item and related costs shall be borne solely by Buyer, whether or not a defect is determined to exist. The failure of any item purchased hereunder to fulfill any applicable warranty shall not affect the liability of Buyer to Seller for the purchase price of that item or any other obligation of Buyer to Seller. Improper use of lack of proper maintenance by the Buyer shall render this warranty void.4. Exclusion of Liabilities, Disclaimer and Release. THE FOREGOING WARRANTIES FOR NEW AND USED EQUIPMENT AND CEX ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF NC AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF BUYER AGAINST SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY ITEM PURCHASED HEREUNDER, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SELLER (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT.SELLER SHALL HAVE NO OBLIGATION OF LIABILITY, WH ETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE) OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COST INCURRED BY BUYER AT HIS PLANT OR IN THE FIELD (WHETHER BY WAY OF CORRECTION OR OTHERWISE), CLAIMS BY BUYER, BUYER'S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY ITEMS PROVIDED HEREUNDER.5. Payment Terms. Terms net. Payable by the fifteenth (15th) of the month following date of purchase. A service charge will be assessed on past due amounts at a rate determined by the Seller from time to time and set forth in its statements and/or other documents.6. Collection. In the event Seller refers this matter to any attorney or other agent for collection, Buyer agrees to pay all costs of collection including reasonable attorney's fees.7. Invalidity. Each provision of this shall be considered separable and, if, for any reason, any provisions herein is determined to be invalid, such invalidity shall not impair or otherwise affect the validity of the other provisions of this agreement. If any provisions is deemed to be invalid, it shall be modified, if possible, to the extend necessary to remove such invalidity.