No Warranties to Consumers MAXWELL ADHESIVES, makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. WE MAKE NO WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY OR AS TO THE SUITABILITY OF ANY OF OUR PRODUCTS FOR ANY PARTICULAR USE AND WE SHALL NOT BE SUBJECT TO LIABILITY FROM ANY DAMAGES INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THEIR USE IN OPERATIONS NOT UNDER OUR DIRECT CONTROL. THIS WARRANTY IS EXCLUSIVE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND NO REPRESENTATIVE OF OURS OR ANY OTHER PERSON IS AUTHORIZED TO ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF OUR PRODUCTS.

Our information and recommendations do not constitute a warranty or representation for which we assume legal responsibility. They are offered solely for your consideration, investigation and verification. All sales, without exception, are made on condition that MAXWELL ADHESIVES is not responsible for any incidental consequential or other damages resulting from the use of its products.

PRODUCT INFORMATION

OSHA Hazardous Substance.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by MAXWELL ADHESIVES to be accurate. MAXWELL ADHESIVES, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. MAXWELL ADHESIVES disclaims any and all liability to any user.

California Proposition 65.
The State of California requires that certain warnings be given concerning products subject to Proposition 65. For products denoted the following warnings may apply:

• Warning: This product contains a product known to the State of California to cause cancer.
• Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.

MSDS and a list of Proposition 65 products are available at your local MAXWELL ADHESIVES branch, by contacting Maxwell Adhesives at 1055 E Colorado Blvd, 5^th Floor, Pasadsena, CA 91106 or by phone at (800) 701-0206.

Important Notice to Federal Customers Re: Country of Origin.
While all products listed on GSA Advantage!® meet the requirements of the Trade Agreements Act, as implemented by FAR Part 25, other products may not meet these requirements. MAXWELL ADHESIVES will advise customers properly identifying themselves as Authorized Schedule Purchasers at the time of purchase whether an item is “TAA-compliant”. Customers seeking to purchase non-TAA items will be given the opportunity to purchase an alternative item, or to purchase the non-TAA item through an “open market” purchase instead of through the schedule. Federal customers are advised the open market purchases are NOT GSA Schedule purchases. By purchasing any item on the open market, customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.

ADDITIONAL TERMS

Prompt Disposition.
MAXWELL ADHESIVES will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the MAXWELL ADHESIVES Customer Care at 1-800-845-8328, giving date and number of original invoice, and describing defect.

Product Suitability.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While MAXWELL ADHESIVES attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

Force Majeure.
MAXWELL ADHESIVES shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of MAXWELL ADHESIVES in the conduct of its business.

Product Substitution.
Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.

Cancellation.
Any cancellation must be approved by MAXWELL ADHESIVES, and may be subject to restocking and other charges.

Product Return.
Call your local branch for instructions. Proof of purchase is required.

Availability.
Certain products may not be available for sale in all areas.

Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of MAXWELL ADHESIVES. Any actual or attempted assignment without MAXWELL ADHESIVES's prior written consent shall entitle MAXWELL ADHESIVES to cancel such order upon notice to customer.

Electronic Data Interchange.
If MAXWELL ADHESIVES and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. MAXWELL ADHESIVES and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. The business records maintained by MAXWELL ADHESIVES regarding EDI purchases made by customer shall be controlling.

Modification of Terms.
MAXWELL ADHESIVES's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in MAXWELL ADHESIVES's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of MAXWELL ADHESIVES's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon MAXWELL ADHESIVES unless agreed to by MAXWELL ADHESIVES in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in MAXWELL ADHESIVES's acknowledgment, MAXWELL ADHESIVES's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by MAXWELL ADHESIVES of any of the terms and conditions contained in MAXWELL ADHESIVES's acknowledgment.

Materials of Trade.
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.

Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of California, excluding conflict of law rules, and venue shall be in Los Angeles County, State of California.

No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.

Complete Agreement.
The terms and conditions in MAXWELL ADHESIVE's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and MAXWELL ADHESIVES.