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<br />HACH SERVICE PARTNERSHIP Partnership Number:
<br />OUOTATION
<br />Headquarters
<br />•- - P.O. Box 389
<br />celrtlFp:4 Flt °,�ht_ 5600 Lindbergh Drive
<br />Loveland, CO 80539-0389
<br />Purchase Orders
<br />WebSiil
<br />of such training does not create or expand any warranty or obilgaii o1 Hach and does net serve to alter, amend, Ilmlt or supersede any part of this Contract.
<br />HACH 174907
<br />Remittance
<br />2207 Collections Center Dr
<br />Chicago, 1L 60693
<br />Wire Transfers
<br />Bank of America
<br />231 S. LaSalle St.
<br />Chicago, IL 60604
<br />Account:8765602385
<br />Routing (ABA): 026009593
<br />15. LIMITATIONS ON USE:
<br />Buyer will not use any Products for any purpose other than those Identified in Hach's catalogs and literature as intended uses. Unless Hach has advised the Buyer€n writing, in no event will Buyer use any Products in drugs, food addilives, food or
<br />cosenedes, or medical applications for humans or animals. In no eventwiil Buyer use In any application any Product that requires 1`0A 510(kj clearance unless and only to the extent the Product has such clearance. Any warranly granted by Hach is
<br />void if any goods covered by such warranty are used for any purpose not permilted hereunder,
<br />16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS:
<br />Unless otherwise so"Ifled in this Contract, Buyer is responsible for obtaining any requlred export or import licenses. Hach represents that all Products delivered hereunder will be produced and supplied in compliance "In all applicable laws and
<br />regulatons. Buyer will comply with all laws and regulations applicable to the insellalion or use of all Products, including applicable Import and expori control laws and regulations of the U.S., E.U. and any other country having proper jurisdiction, and will
<br />obtain all necessary export Ilcenses in con—iian wish any subsequent export, re-export, gansferand use of all Products and Achnotogydalivered hareunder. Buyer will not sell, transfer, export or re-export any Hach Products or technology for use in
<br />activities which Involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in anyfacility which engages in actviUes relating to such weapons. Buyerwill
<br />comply with all local, national, and other laws of all Jurisdictions globaliy,relaing to anti -corruption, bribery. extortion, kickbacks. or similar matters which are applicable to Buyers business activities in mrnection will this Contract, Including but not
<br />limited to tha U.S. Foreign Corrupt Practices Act of 1977, as amended (the'FCPA'}. Buyer agrees that no payment of money or provision of anything of value will he offered, promised, paid or transferred, directly or Indirectly, by any person or entity, to
<br />any government olficiaE, goverrimenl employee, or employee of any company owned in part by a government, poll party, political party official, or candidate for any government office or poll parryofrice to induce such organizations or parsons to
<br />use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach, orwhich otherwise constitute or have the purpose or effect of public or commercial bribery. acceptance of or acquiescence In extortion, kickbacks
<br />or other unlawful or improper means of obtaining business or any improper advantage. will respect to any of Buyers activities related to this Contract. Hach asks Buyer to'Speak Upr if aware of any violation of law, ragulation or our Standards of
<br />Carl t`Oc'I in relation to this Contract. See hturlldamaher omfintaudly—d-compy-ce and vavrw.danaherlutendly.w for a copy of the SOC and foe access to our Helpline portal.
<br />17' FORCE MAJEURE:
<br />Hach is excused from performance of its obligations under thls Contract to the extent caused by acts or omissions that are beyond its control of. including but not limited to Government amhargoes, blockages, seimras or freeze of assets, delays or
<br />refusals to grant an export or import Eicense or the auspens m cation theof, or any other acts of. nyGom vernent; firewe s, gaodssevere ather condltions, or any other acts of God; quaranlnes; labor stdXes or lockouts: riots; strife;
<br />insurrections; civil dlsabodlence or acts of criminals or terrodsis.rwar; malarial shortages or delays in delNedes to Hach by third parties. In the event of the existence of any force majeum clmumstames, the pared of lime for delivery, payment terms
<br />and payments under any fetters of credit will be extended for a period of time equal to the peried of delay. lithe force maleure circumstances extend for six months, Hach may. at its option, terminate this Contract wthout penalty and without being
<br />deemed in default or in breach thereof. .
<br />18, NON ASSIGNMENT AND WAIVER:
<br />Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's priorwritlen consent. Failure of either party to insist upon El performance of any provision of this Contract, or to exercise any right or privllege
<br />contained herein, or the waiver of any breach of the terms orcondiloms of this Contract will not be cnnetrued as thereafter waiving any such forms, orneitidns, rights, or privileges, and the same will continue and mmaln in force and effect as X no
<br />waiver had occurred.
<br />19. LIMITATION OF LIABILITY:
<br />None of the Hach Indemnified Parties will be liable to Buyer underany circumstances for any special. treble, Incidental or consequential damages, including will limitation, damage to or loss of property other than for the Products purchased
<br />hereunder. damages Incurred in installation, repair xplacement; loss profits, revenue -opportunity; foss of use; lasses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or
<br />claims of Buyar's cuslomers for such damages, howsoever caused, and whether based an warranty, contract. andfor lort (including negligence, strict liability or othervAseJ. The total fiabilill the Hach Indemnified Parties arising out of the performance
<br />or nonperformance hereunder or Hach's obligations In connection with the design. manufacture, safe, delivery, andfor use of Products will In no circumstance exceed in The aggregate a sum equal to hwca the amount actually paid to Hach for Products
<br />delivered hereunder,
<br />28. APPLICABLE LAW AND DISPUTE RESOLUTION:
<br />The construction, interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the Stale of Colorado, without regard to its prinnples or laws regarding conflicts of laws. If any provision of this Contesclvinfates
<br />any Federal, Stale or local statutes or regulations of any countries having jurisdiction of this Iransaclon. or is illegal for any reason, said provision shall be self -dealing without.111 g the validity of the remaining provisions. Unless cif ise
<br />specifically agreed upon in writing between Hach and Buyer, any dispute.1.1ing to this Contraclwhich Is not resolved by the parties shall be adjudicated In order of preference bya court of competent jurisdiction (I) in the Stale of Colorado. U.S-A. if
<br />Buyer has minimum contacts with Colorado and the U.S, (€€) elsewhere in the U.S. if Buyer has minimum contacts with the U.S. but not Colorado, or (tit) in a neutral local H Buyer dims not have minimum contacts with the United Slates.
<br />21. ENTIRE AGREEMENT & MODIF€GATtON:
<br />These Terms & Conditions of Sale constitute the enliro agree ern between the parties and supersede any prior agreements or reprosenlafions, whether oral orwritten. No change to or modification of Ihese Terms & Conditions shall be binding upon
<br />Hach unless in avail mstrumani specifically referencing that it is amending these Terms & Condli of Sala and signed by an authorized representative of Hach. Hach rejects any additional ormeansislent Terms & Conditions of Sale offered by
<br />Buyer at any time, whether or not such terms or conditions materially alterthe Terms & Conditions herein and irrespective of Hach's acceplance of Buyers order for the described goads and services.
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