You agree to execute appropriate confidentiality provisions upon our request prior to visiting our facility. All costs of
inspection shall be solely determined by us and shall be payable by you. No inspection or expediting by you at the facilities
of our suppliers is authorized.
14. SOFTWARE PROVISIONS: If software is provided hereunder, you are granted a nonexclusive, royalty free license only
for your use of the software provided with our Equipment. Under this license you may: (i) use our software in machine
readable object code only and only with the Equipment provided; (ii) copy our software into any machine readable object
code form for back up purposes in support of your use of our software on the Equipment provided; and (iii) create one
additional copy of the software for archival purposes only. This license may not be assigned, sublicensed or otherwise
transferred by you without our prior written consent. You hereby recognize and acknowledge that the software provided to
you hereunder comprises valuable trade secret and/or copyright property of Alfa Laval [or its licensor] and you covenant
that you will take adequate precautions against access to the software by, or disclosure of the software to, anyone not
authorized hereunder to use or have access to the software.
15. TIME LIMIT FOR BRINGING SUIT: Any action you file against us, whether for breach of contract, including but not
limited to breach of warranty, or for negligence or strict tort, must be commenced within 90 days following the expiration of
the Warranty Period.
16. MODIFICATION OF TERMS: The terms and conditions of sale set forth herein are an integral part of our proposal
and/or confirmation of order. These terms shall not be deemed altered or modified by printed or other “standard” terms in a
purchase order, acceptance or similar document. Our confirmation or acknowledgment of any order is with the express
understanding that all printed or other "standard" language on any such documents submitted by you will be entirely
disregarded to the extent that it varies from the terms and conditions of this proposal/order which may be modified only by
typed or handwritten language in the body of your order, acceptance or similar document, together with a written
acknowledgment and acceptance of such modification by us.
17. LIMITATION ON WARRANTIES: THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY, AN IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND AN IMPLIED WARRANTY OF NONINFRINGEMENT.
WE HEREBY EXPRESSLY EXCLUDE FROM THIS CONTRACT THE IMPLIED WARRANTY OF MERCHANTABILITY,
THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF
NONINFRINGEMENT. OUR WARRANTIES AND LIABILITIES HEREUNDER ARE LIMITED AS STATED HEREIN.
18. APPLICABLE LAW: Any controversy or claim arising out of the contract or the breach thereof shall be finally decided
with binding effect on both parties by the courts of Virginia and in accordance with the laws of the Commonwealth of
Virginia, without giving effect to the provisions thereof relating to conflict of laws.
THE EQUIPMENT AND PARTS DESCRIBED IN THESE TERMS AND CONDITIONS OF SALE MAY CAUSE INJURY IF NOT
OPERATED PROPERLY AND FOR THIS REASON ALL OPERATORS SHOULD BECOME THOROUGHLY FAMILIAR WITH THE
OPERATING INSTRUCTIONS BEFORE OPERATING THE EQUIPMENT.
Classified by Alfa Laval as: Business
