ATL Fuel Cell Warranty

Warranty: Seller expressly warrants that all Products furnished under this Purchase Order shall conform in every respect to any specifications, drawings, samples or descriptions provided by Buyer or upon which this order is based and shall be of the highest quality, and free from defects in material or workmanship. Seller warrants that all such Products will conform to any statements made on any containers or labels or advertisements for such Products, and that any Products will be adequately contained, packaged, marked, and labeled. Seller warrants that the Products shall conform to any and all applicable technical and safety provisions and comply in all respects with any and all applicable industry, federal, state and local laws, regulations, directives and standards including, but not limited to, those concerning safety, labor, health, environmental and fire. Seller further warrants that all Products furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which Products of that kind are normally used. If Seller knows or has reason to know the particular purpose for which Buyer intends to use the Products, Seller warrants that such Products will be fit for such particular purpose. Seller warrants that Products furnished will conform in all respects to samples. Inspection, testing, acceptance or use of the Products furnished hereunder shall not affect the Seller’s obligation under this warranty, and such warranty shall survive inspection, testing, acceptance and use. Seller’s warranty shall run to Buyer, its successors, assigns and customers, and users of Products sold by Buyer. Seller agrees to replace or correct defects of any Products not conforming to the foregoing warranty promptly, without expense to Buyer, when notified of such nonconformity by Buyer, provided Buyer elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects and/or replace nonconforming Products promptly, Buyer, after reasonable notice to Seller, may make such corrections or replace such Products and charge Seller for the cost incurred by Buyer in doing so.