ACCEPTANCE AND INTEGRATION CLAUSE: This Sales Order Acknowledgment and the sales order information that Universal Flow Monitors, Inc. ("Universal") attaches to or associates with it (this "Acknowledgement"), constitutes an acceptance by Universal of an offer by the buyer upon the conditions and terms and at the prices stated in this Acknowledgement. This Acknowledgment contains the entire understanding of Universal and the buyer regarding the subject matter of this Acknowledgement. This Acknowledgement may only be modified by a writing signed by the party against whom enforcement is sought.
WAIVER: Waiver by Universal of any default(s) by the buyer shall not constitute waiver by Universal of any of the conditions of the agreement between Universal and the buyer as set forth here under with respect to any further or subsequent default by the buyer.
FORCE MAJEURE: Universal shall not be responsible for failure or delays in deliveries due to fire, strikes, breakdowns, acts of God, failure of carriers, inability to secure required materials, or other causes beyond Universal's control. Buyer waives any claims for damage arising by virtue of delay in delivery of material by Universal.
LIMITED WARRANTY:
Warranty: For a period of one year from the date of manufacture, Universal warrants that each product covered by this Acknowledgement will be free from defects in material and workmanship. In order to qualify for any remedy provided in this Acknowledgement, buyer must give notice to Universal within the one-year period, return the product to Universal freight paid and intact with Material Safety Data Sheets covering all substances passing through the product or that form a residue on the product.
Exclusive Remedy. The buyer's EXCLUSIVE REMEDY for failure of any product to conform to any warranty or otherwise for any defect is, at Universal's sole option,
repair,
replacement, or
refund
of the entire purchase price for the specific product. Without limiting the foregoing, in no case will Universal be liable for deinstallation of any defective product or installation of any repaired or replacement product THIS REMEDY IS THE EXCLUSIVE REMEDY AVAILABLE TO THE BUYER OR ANY OTHER PERSON. UNIVERSAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES IN CONNECTION WITH ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Disclaimer of Other Warranties. The express warranty in this Acknowledgement is in lieu of any other warranty, express or implied. Without limiting the foregoing, UNIVERSAL DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Special Note about Fitness for a Particular Purpose. This website and other materials of Universal may place products into, or display products in, categories according to function, size, construction, materials, or other property. This is for organizational purposes only and NO PLACEMENT OF ANY PRODUCT IN ANY CATEGORY OR ANY PRESENTATION OF A PRODUCT IN RELATION TO OTHER PRODUCTS WILL CONSTITUTE A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
PROHIBITED USES: As a condition of the sale of goods or services, you will not use, or sell, distribute, or otherwise transfer for use, or permit to be used, or sold, distributed, or otherwise transferred any product you purchase from Universal for any of the following uses.
Nuclear Energy Applications. Any application involving direct or indirect
exposure of any product to any hazardous properties of nuclear material or
dependence on the proper functioning of the product for the operation of a nuclear facility by any person or organization
use in or for any equipment or device used for the processing, fabricating or alloying of special nuclear material if, at any time, the total amount of such material on the premises where such equipment or device is located consists of or contains more than 25 grams of
Plutonium (any isotope) or Uranium 233 or any combination thereof, or
more than 250 grams of Uranium 235; or
use in, or for the control of any aspect of, any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste.
The foregoing include, without limitation, any application involving nuclear material contained in spent fuel or waste that is possessed, handled, used, processed, stored, transported or disposed of, any application related to the furnishing of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility.
Aircraft Applications. Any application involving direct or indirect installation in or on, or use in connection with, any aircraft or aircraft product.
Definitions. As used in this section, the following definitions apply, whether the terms use initial capitals or not.
"Aircraft" includes powered and unpowered winged aircraft, missiles, spacecraft, and other aeronautical craft or mechanisms.
"Aircraft product" includes:
Any ground support or control equipment used with any aircraft;
Any article designed for installation in or on aircraft;
Any ground handling tools or equipment used with aircraft;
Any aircraft training aids, instructions, manuals, or blueprints; and
Any engineering, labor or other services involving aircraft.
"Hazardous properties" include radioactive, toxic or explosive properties;
"Nuclear facility" means
Any nuclear reactor; or
Any equipment or device designed or used for:
Separating the isotopes of uranium or plutonium;
Processing or utilizing spent fuel; or
Handling, processing or packaging waste.
"Nuclear material" means source material, special material or by-product material;
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.
"Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 and any regulation promulgated thereunder, as the same may be amended from time to time.
"Spent Fuel" means any fuel element or fuel component, solid or liquid that has been used or exposed to radiation in a nuclear reactor.
"Waste" means any waste material
containing by-product material and
resulting from the operation by any person or organization of any nuclear facility.
