Service Support

The services provided by GERSTEL, Inc. (“GERSTEL”) under GERSTEL’s Service Support plans (the “Service Support”) are as follows:

1. Service Support provides one (1) year of service support from GERSTEL for the applicableGERSTEL products set forth on the associated quotation (the “GERSTEL Products”). The ServiceSupport commences on the date of invoice.
2. Service Support provides for the repair or replacement of the GERSTEL Products as aresult of failure of such GERSTEL Products. For purposes of clarity, Agilent branded productsthat are sold by GERSTEL with its GERSTEL Products are not covered under Service Support, butrather are only covered under the terms and conditions of the applicable Agilent warranty.
3. In the event that the original warranty period for the applicable GERSTEL Product hasexpired prior to the purchase of the Service Support, GERSTEL’s designated representative mustvisit the customer’s site to ensure that the existing GERSTEL Product is in a satisfactory andworking condition before this Service Support will apply to such GERSTEL Product. Thecustomer is responsible for any and all costs in connection with this customer site visit.
4. In the event that a GERSTEL Product covered under the Service Support fails, GERSTE Lagrees to pay for the repair or replacement of such GERSTEL Product. Any repair orreplacement of such covered GERSTEL Product may be made with an identical product or afunctionally equivalent product.
5. During the term of the Service Support, the customer will have access to priority direct phone support from GERSTEL’s engineers for the Service Support provided hereunder. Service Support is available as follows: Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern standard time, with the exception of all United States national holidays. Service requests to GERSTEL will be promptly answered during such times, and otherwise within twenty-four (24) hours during such support period. If it is determined that a GERSTEL Product needs repair or replacement, an identical product or one of functional equivalence may be shipped to the customer for temporary use. If repair is possible, the repaired GERSTEL Product will be shipped back to the customer by overnight mail.
6. Service Support does not cover GERSTEL Products that are consumables and the following: connection tubing and transfer lines, ferrules and fittings, syringes and syringe needles, TDS tubes, CIS liners, MPS syringe holder assemblies, vials, caps and septa.
7. The Service Support does not cover any failure or expenses due to, resulting from, or caused by any of the following:
   
   • A non-covered or modified GERSTEL Product.
   • Any GERSTEL Product that has not failed, but which a service technician recommends to be repaired or replaced.
   • Abuse, larceny or attempted larceny, theft, fire, explosion, or negligence.
   • Lack of normal maintenance (for example, failure to change liners or cleaning components as needed).
   • Not using proper gases, electricity or other utilities as specified by GERSTEL.
   • Improper use of GERSTEL Products or use in a harsh environment.
   • Failure caused by use of the GERSTEL Products in conjunction with other non-GERSTEL Products (except for use with Agilent branded products).

   For purposes of clarity, while GERSTEL shall make reasonable attempts to insure the success ofthe customer in his or her application of the GERSTEL Products, method development isultimately the responsibility of the customer.

8. Upon first contact from a customer, GERSTEL will determine if a customer site visit is necessary or if an issue can be solved remotely via phone and email support. A minimum offorty-eight (48) hours is required to arrange and perform a customer site service, such time following the time when it is determined that an issue cannot be resolved remotely. The response time to any service issue will be determined on the basis of urgency and available manpower and may be performed by a third party service organization. Customer site visits by Agilent engineers will be coordinated by GERSTEL through the Agilent service system and are also subject to available manpower.
9. Service Support is offered by GERSTEL only to customers located in the United States of America or in Canada
10. Service Support is provided by GERSTEL in accordance with the terms and conditions of GERSTEL’s Terms and Conditions of Sale.