Limited Warranty

MOXTEK, INC. (“MOXTEK”) extends the following limited warranty to each of its customers (each a “Customer”) (i.e., the companies who purchase MOXTEK products).  For purposes of this limited warranty, the term “Product” shall mean MOXTEK’s X-ray components (tubes, detectors, and windows).

MOXTEK warrants that the Product will conform to the Product specifications provided to Customer for a period of one year (12 months) from the date of delivery of the Product, but only when used in the manner and for the purpose for which the Product is intended, normal wear and tear excepted.  The liability of MOXTEK under this warranty is expressly limited to repairing or replacing (at MOXTEK’s sole discretion) defective parts or components of the Product, and covers both parts and labor.  Such repair or replacement shall take place only at MOXTEK’s principal place of business in Orem, Utah.  The warranty on repaired or replaced parts and components (including labor) shall last for the remainder of the original warranty period for the Product or 90 days, whichever is longer.  If the Product (or any part or component thereof) has been disassembled, tampered with, or modified by non-MOXTEK personnel in any way, or has been lost, damaged, destroyed, or subjected to any abuse or misuse (whether or not intentional) following delivery, no warranty coverage will apply.  MOXTEK assumes no responsibility for products, parts, components, materials or labor not provided by MOXTEK, and has the right to make the final determination concerning the existence and cause of any nonconformity.

Except as expressly set forth, the Product (and any part, component and labor associated therewith) is provided “as is”, and MOXTEK disclaims all other warranties of every kind and nature, expressed and implied, including without limitation any implied warranties of title, non-infringement, interoperability, merchantability and fitness for a particular purpose in connection with the Product and any use thereof or any parts, components and labor associated therewith.  MOXTEK shall not be liable for any damages arising out of or related to the Product and any use thereof or any parts, components and labor associated therewith, regardless of whether it has been advised of such damages, including, without limitation, any direct, indirect, incidental, consequential or exemplary damages.  For example, MOXTEK shall not be liable for any damages for loss of or damage to Customer’s systems, products or data, or for any damages for loss of business profits or business interruption, whether such alleged damages are based on principles of contract, warranty, negligence, strict liability or other tort, breach of any statutory duty, principles of indemnity or contribution, or any other theory of liability.  No claim with respect to the Product may be made by Customer against MOXTEK except under this limited warranty and as express stated herein.  Further, MOXTEK’s liability hereunder with respect to the Product (and any part, component and labor associated therewith), whether such liability is based on contract, warranty, tort or otherwise, is limited to the actual cost paid to MOXTEK by Customer for the Product.  Customer acknowledges that it bargained for this allocation of risk and recognizes that absent the foregoing limitations the price of the Product would be substantially greater.  Customer further acknowledges that the entire risk arising out of the use and performance of the Product remains with Customer.

To obtain warranty service, Customer must first contact MOXTEK to receive a return authorization number, and must then ship the Product pre-paid by Customer to MOXTEK in Orem, Utah.  Customer shall be solely responsible for risk of loss in connection with the return.  Accompanying the Product must be a brief statement from Customer outlining the alleged nonconformity and stating the name and telephone number of an appropriate Customer representative.  MOXTEK will use commercially reasonable efforts to repair and return the Product within a reasonable time period, and will keep the Customer representative informed regarding the progress of repair.  Alternatively, MOXTEK may, in its sole discretion, replace the Product (or any part or component thereof) with new or refurbished parts and components.  Customer shall be responsible for all costs and expenses relating to return delivery of the Product to Customer.

Rev. December 2007