sole obligation and the exclusive remedy for breach of the foregoing warranty on services. Products manufactured by a third- party ("Third-Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the goods. Buyer agrees that: (a) Third-Party Products are excluded from Seller’s warranty in this Section 7 and carry only the warranty extended by the original manufacturer, and (b) Seller’s liability in all cases is limited to goods of Seller’s design and manufacture only. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES WHATSOEVER, WHETHER, EXPRESSED OR IMPLIED, ORAL, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY AND ANY WARRANTIES ARISING FROM TECHNICAL ADVICE OR RECOMMENDATIONS, COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods, or any use that is inconsistent with Seller’s instructions as to the storage, installation, commissioning or use of the goods or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfacing or use in unforeseen or unintended environments or any other cause not the sole fault of Seller, and shall be at Buyer’s expense. Seller’s warranty is contingent upon the accuracy of all information provided by Buyer. Any changes to or inaccuracies in any information or data provided by Buyer voids this warranty. Seller does not warrant that the operation of the goods will be uninterrupted or error-free, that the functions of the goods will meet Buyer’s or its customer’s requirements unless specifically agreed to, or that the goods will operate in combination with other products selected by Buyer or Buyer’s customer for its use. 8. Waiver of Subrogation: Buyer agrees to waive all rights of subrogation that would otherwise be available to its insurers, regardless of the theory of recovery, relating in any way to the design, testing, manufacture, sale, warnings, use, maintenance, or installation of any goods, any components, or any related services. 9. Nuclear Application Exclusion: GOODS AND SERVICES SOLD HEREUNDER ARE NOT INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR-RELATED APPLICATIONS. Buyer: (i) accepts goods and services in accordance with the restriction set forth in this Section, (ii) agrees to communicate such restriction in writing to any and all subsequent purchasers or users and (iii) agrees to defend, indemnify and hold harmless Seller from any and all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential damages, arising from use of goods and services in any nuclear or nuclear-related applications, whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller's liability is based on negligence or strict liability. 10. Buyer’s Processes, Materials, and Systems: Buyer is purchasing filtration products only. Buyer has not purchased, and is not relying on Seller to provide, services, including services related to engineering, system design, process safety, environmental health and safety, or code and standard compliance. Seller disclaims all liability related to gratuitous information, assistance or advice provided by but not required of Seller under the Agreement. The parties agree that Buyer shall be solely responsible for all hazards associated with its processes, products, and ingredients, regardless of whether the hazards relate to fire, explosion, material handling, exposure to harmful dusts, fumes, or other contaminants, or any other hazard that poses a risk to person or property. As the process/system owner, Buyer is responsible for compliance with all applicable laws, standards, and regulations, and for mitigating all hazards safely. Buyer shall insure at all times that emissions from its processes and equipment are safe and within acceptable and permitted limits and that its operation of Seller’s products is safe. The parties agree that Seller shall not be liable or responsible for exposure to pollutants, dusts, emissions, or fumes from Buyer’s process or Seller’s equipment. Buyer agrees that it is purchasing a component product that will be utilized within a system that Seller did not design, approve, install, operate, or maintain. Seller is a component product supplier only. If Buyer’s employees, contractors, or representatives, or any third-party, claims harm as a result of exposure to emissions, dust, fumes, or pollutants from Buyer’s processes, materials, ingredients, or systems, Buyer agrees to fully indemnify and defend Seller pursuant to these terms and conditions of sale. 11. Government Sales: Seller objects to the application of any United States Federal Acquisition Regulation (“FAR”) or Defense Federal Acquisition Regulation (“DFAR”) provision or clause to these Terms and any order, and Buyer acknowledges that any such FAR or DFAR provisions contained in any order or other document(s) furnished by Buyer shall be of no force or effect unless otherwise agreed in writing by an officer of Seller.
