1. nPulse warrants to Buyer that the Product shall, for a period of twelve (12) months from date of shipment conform materially to the relevant Specifications and will be free from material defects in workmanship or materials supplied by nPulse.

2. Subject to clause 3, if a Product does not conform to the warranty specified in clause 1, then nPulse shall at its option either:

2.1 repair or replace such Product, and use its commercially reasonable endeavors to do so within thirty (30) days of receipt by nPulse of the defective Product, in which event, nPulse shall pay for the transport and shipping costs associated with returning such Product to the Buyer; or

2.2 promptly issue a full refund of the price paid for the Product, if nPulse is unable to repair or replace such Product, in which event the Buyer agrees that such refund satisfies the entire liability of nPulse to the Buyer hereunder.

3. nPulse shall have no liability to the Buyer under clause 1 in relation to any Product:

3.1 unless the Buyer notifies nPulse of any non-conformance with respect to the Product within the warranty period and in any event promptly after becoming aware of such non- conformance;

3.2 unless the Buyer promptly returns non-conforming Product in accordance with the other requirements of clause 3, carriage paid with a written report on the non-conformance, unless nPulse agrees to inspect in situ;

3.3 unless that Product has been properly stored, handled, installed, maintained, and used in accordance with the applicable specifications and instructions relating to that Product;

3.4 unless the Buyer has packaged items sufficiently well for return to nPulse (in nPulse packaging or such other industry standard antistatic packaging with padded foam and a surrounding carton box ) to ensure no further damage and therefore enable failure analysis, confirm warranty validation and liability assignment;

3.5 unless all warranty seals in relation to that Product remain intact.

4. If, upon inspection, it is found that any returned Product does not suffer from a defect or does not qualify for repair or replacement pursuant to this warranty statement or the Buyer does not comply with clause 3 above, the Buyer shall pay nPulse standard inspection costs and any costs or expenses incurred by nPulse (including, where nPulse has repaired or endeavored to repair that Product, its standard costs for so doing) and all transport and shipping costs associated with returning that Product to the Buyer

5. If nPulse chooses to replace Products under warranty, such Products will be newly manufactured. In the event that nPulse chooses to replace Products after the expiration of the warranty period, such Products may be reassembled or reconditioned from serviceable new and used parts, and will have been inspected and tested for good working order. All actions taken by nPulse for Products after expiration of the warranty period will be performed based on commercial terms.

6. nPulse's liability in the case of products not manufactured by or on behalf of nPulse shall in no circumstances extend beyond any corresponding liability to nPulse of the manufacturer of such goods.

7. If the Buyer wishes to return a Product to nPulse for repair or replacement pursuant to this warranty statement the Buyer shall notify nPulse who shall then supply a Return Material Authorization ("RMA") form to the Buyer. The Buyer shall then return that Product to nPulse together with the completed RMA form. Buyer shall pay for the transport and shipping costs associated with returning the Product to nPulse. Product to be returned must be identified as to the nature of defect or problem. Product must be returned in the same or equivalent container in which it was shipped with the RMA number clearly visible on the package.

8. Epidemic Failure. “Epidemic Failure” shall mean those substantial deviations from the Specifications which seriously impair the use of Product existing at the time of delivery but which are not reasonably discernible at that time and which are evidenced by an identical, repetitive defect due to the same cause and occurring in the same series of the Product and exceeding five percent (5%) of a two (2) month shipment period. In the case of an Epidemic Failure, nPulse’s obligations shall be, as soon as possible, to propose an action plan to fix the failure of any affected Product and to implement this action plan as a top priority. If the action plan is not acceptable to Buyer, Buyer can require nPulse to repair or replace, at nPulse’s option, the affected Product.

9. nPulse warrants that the software programs licensed under this Agreement will perform in substantial conformance to the Specifications and other related engineering documentation program specifications provided by nPulse at the time of shipment of the Product related to the software program. The warranty period applicable to software programs shall be as specified in nPulse’s then current published specifications, commencing on the date of receipt at final destination but in no event shall the warranty period be less than ninety (90) days after delivery.