DELIVERY
FOSS shall dispatch the Products by the means agreed upon. FOSS shall be entitled to re-invoice the Customer for FOSS' expenses for insurance and freight charges if necessary

Products shall be delivered up to current specifications. FOSS reserves the right to introduce modifications in later deliveries.

Any statement made by FOSS regarding the time of delivery is an estimate only and shall not be considered binding on FOSS. Any such statement shall imply that the Customer has duly fulfilled all necessary or agreed formalities or conditions.

If the Customer is unable to accept delivery on the time of delivery, the Customer shall be responsible for arranging satisfactory storage, adequate insurance coverage, etc. on the Customer's own account.

FOSS shall have the right to suspend delivery of ordered Products until the full amount of the Purchase Price as well as any other due sum is paid to FOSS and/or to cancel the order(s) or the balance thereof by giving notice to the Customer in writing by mail or fax, provided that:

a.        the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Agreement or any other agreement between FOSS and the Customer, or is unable to pay its debts or the Customer ceases to trade; or

b.        the Customer has a bankruptcy order made against him/it or makes an arrangement or composition with his/its creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.

The provisions of this paragraph shall apply without prejudice to any other rights or remedies FOSS may have against the Customer.

DELAY
In case of delay due to circumstances for which FOSS can be deemed responsible, and which are not caused by force majeure, the Customer shall fix a reasonable final time limit of not less than 30 (thirty) days from the time of FOSS' receipt of the claim of delay. If delivery does not take place within such a time limit, the Customer shall be entitled to terminate the Order. Apart from the right to terminate the Order, the Customer shall not have any other remedies for delay and shall not be entitled to damages of any kind.

LIABILITY FOR DEFECTS
If the Customer discovers a defect in a Product, the Customer shall by mail or fax to the FOSS Address send a written complaint describing and specifying the alleged defect. If the complaint is not received by FOSS within 30 (thirty) days after the defect is or ought to have been discovered, FOSS shall not be liable for it. Claims concerning visible defects and missing items must, however, be made within 14 (fourteen) days of receipt of the Products. FOSS shall settle the claim within 30 (thirty) days after the receipt hereof.

Any complaint, regardless of its nature, must be made no later than 6 (six) months after delivery of the Product (the "Warranty Period"). The Customer is not entitled to claim defects after expiry of the Warranty Period.

FOSS shall be liable for defects in a Product provided that

a.        the Customer has followed all written instructions and documentation from FOSS regarding the Product;

b.        the Product has been maintained to the ordinary and customary extent;

c.        the defect is not due to incorrect information from the Customer;

d.        the Product has not been used for purposes other than those reasonably contemplated by FOSS;

e.        the Product has not been altered or repaired without FOSS' approval; and

f.         the Product has not in any other ways been handled contrary to ordinary practice.

If a complaint is made after the expiry of the time limit and FOSS enters into discussions with the Customer about the complaint, FOSS does not thereby waive the right to subsequently claim that the complaint was received too late.

Provided that FOSS is liable for the defective Product FOSS shall at FOSS' own option free of charge replace either the defective parts or components of the Product or the Product itself, or grant the Customer a pro rata reduction of the Purchase Price. The Customer shall accept such replacement or pro rata reduction in full and final settlement of any claim in connection with the defect. The Customer shall not have any other remedies for defects than the aforementioned and shall not be entitled to damages of any kind.

FOSS' liability for defects is limited to the amount of the Purchase Price, and no additional claims can be made against FOSS.

Following the complaint of a defect the Customer shall on his/its own expense forward the defective Product to FOSS. If FOSS chooses to repair or exchange the defective Product, FOSS shall at its own expense return the Product to the Customer.

The provisions contained in this Section including the limitation of FOSS' liability, shall also apply if the Products are defective in law, e.g. if the Products infringe industrial property rights of a third party or are contrary to public law regulations or do not comply with such regulations.

FORCE MAJEURE
FOSS shall not be liable for any failure to fulfill its obligations under the Agreement or any delay in the performance hereof where such failure is due to force majeure, which shall be deemed to exist where FOSS is prevented from performing its contractual obligations under the Agreement or the performance is made unreasonably onerous as a result of inter alia: industrial disputes or any other circumstance beyond the control of FOSS including but not limited to: war, civil war, insurrection or riot; general mobilizations or unforeseen military mobilizations to a similar extent; currency restrictions, restrictions on the use of power; late or incorrect or substantial increases in the prices of deliveries from sub-suppliers; import or export embargoes; government restrictions; acts of God, including but not limited to earthquakes, floods and flash floods, waterspouts, volcanic eruption, and fire or the like; scarcity of means of transport or motive power which FOSS should not or could not have anticipated at the time of the Customer's Order, or delays in deliveries by sub-suppliers caused by any circumstances referred to in this Section.

PRODUCT LIABILITY
FOSS shall assume liability for product liability claims in accordance with those rules of the Danish 1989 Product Liability Act which cannot be contractually waived. FOSS disclaims liability for product liability claims on any other basis, provided that the damage caused by the Products has not been intentional or due to gross negligence on the part of FOSS. FOSS shall, however, in no circumstances be liable for loss of assets, loss of earnings, loss of time, margin loss, consequential loss or any other indirect losses.

The Customer shall without undue delay inform FOSS in writing if the Customer becomes aware of damage caused by the Products, if a third party alleges such damage, or if there is serious risk that damage will be caused by the Products.

The Customer shall submit to the jurisdiction of the forum in which an action for product liability may be brought against FOSS. To the extent that FOSS incurs product liability towards third party, the Customer is obliged to indemnify FOSS for any claim in excess of FOSS' liability according to this section.

LIMITATION OF LIABILITY
The Customer shall not have any other remedies for breach of the Agreement other than those expressly mentioned in the Agreement,  hence the Customer shall not be entitled to claim damages of any kind, whether it be for consequential loss, loss of assets, loss of earnings, loss of time, loss on operations or any other loss.

FOSS shall not be liable for any loss incurred due to lack of instruction of and/or information, regarding application and/or maintenance of the supplied Products, to persons operating the Products at the Customer's.

REAGENT CERTIFICATE DISCLAIMER STATEMENT
FOSS' Certificates of Product Testing have been completed after analyses based on test samples as set forth in the Certificate. However, a Certificate of Product Testing is not a warranty of any kind, neither express nor implied. Irrespective of any negligence on its part FOSS disclaims any and all liability for consequential, direct or indirect losses in connection with the Certificates of Product Testing.

MISCELLANEOUS
If any part of this Agreement is held unlawful, invalid, unenforceable or declared void of any reason whatsoever, the remaining provisions of the Agreement shall nevertheless remain in full force and effect. If any provision is inapplicable to one of the Parties, it shall nevertheless remain applicable to the other party.