2. EXCLUSION OF ALL OTHER EXPRESS WARRANTIES; EXCLUSION OF ALL IMPLIED WARRANTIES. OTHER THAN THE INITIAL WARRANTY, NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. SELLER DISCLAIMS AND MAKES NO IMPLIED WARRANTIES WHATSOEVER.

3. Exclusions. The Initial Warranty does not include damage to the product resulting from accident, misuse, improper installation or operation, unauthorized or improper repair, replacement or alteration (including but not limited to repairs, replacements, or alterations made or performed by persons other than Seller’s employees or authorized representatives), failure to provide or use of improper maintenance, unreasonable use or abuse of the product, or failure to follow written installation or operating instructions. Buyer must return the product’s record of purchase to the Seller or one of Seller’s authorized representatives within thirty (30) days of the date the product is shipped by Seller to Buyer in order to make a claim under the Initial Warranty. Notwithstanding anything contained herein to the contrary, all glassware, including but not limited to reference thermometers, are expressly excluded from the Initial Warranty.

4. Buyer’s sole remedies; Limitations on Seller’s Liability. Buyer’s sole and exclusive remedy under the Initial Warranty is strictly limited, in Seller’s sole discretion, to either: (i) repairing defective parts; or (ii) replacing defective parts. In either case, the warranty period for the product receiving a repaired or replaced part pursuant to the terms of the Initial Warranty shall not be extended. All repairs or replacements performed by Seller pursuant to these Warranty Provisions shall be performed at Seller’s facility in Allentown, Pennsylvania, U.S.A. or at the facility of an authorized representative of Seller, which location shall be determined by Seller in its sole discretion; provided, however, that Seller may, in its sole discretion perform such repairs or replacements at Buyer’s facility in which case Buyer shall pay Seller’s travel, living and related expenses incurred by Seller in performing the repairs or replacements at Buyer’s facility. As a condition precedent to Seller’s obligation to repair or replace a product part under the Initial Warranty, Buyer shall (i) promptly notify Seller in writing of any such defect; (ii) shall have returned the product’s record of purchase to Seller or to one of Seller’s authorized representatives within thirty (30) days of the date the product is delivered to Buyer; and (iii) assist Seller in all respects in its attempts to determine the legitimacy and basis of any claims made by or on behalf of Buyer including but not limited to providing Seller with access to the product to check operating conditions. If Buyer does not provide such written notice to Seller within the Initial Warranty period or fails to return the product’s record of purchase as set forth above, Seller shall have no further liability or obligation to Buyer therefore. In no event shall Seller’s liability under the Initial Warranty exceed the original purchase price of the product which is the subject of the alleged defect.

6. Assignment. Buyer shall not assign any of its rights or obligations hereunder without the prior written approval of Seller; provided, however, that if Buyer is a distributor of Seller, the rights and obligations of Buyer under these Warranty Provisions shall inure to the benefit of and be binding upon Buyer’s customers who provide the product’s proof of purchase to Seller pursuant to the terms set forth herein. Seller may assign any or all of its rights or obligations hereunder without Buyer’s prior consent.

7. Governing Law. The Warranty Provisions and all questions relating to their validity, interpretation, performance, and enforcement shall be construed in accordance with, and shall be governed by, the substantive laws of the Commonwealth of Pennsylvania without regard to its principles of conflicts of law.