NOTICE: THIS TRANSACTION AND ALL DOCUMENTS PERTAINING TO IT, INCLUDING ANY QUOTATION, PROPOSAL, ORDER CONFIRMATION, ORDER ACCEPTANCE OR INVOICE (COLLECTIVELY, “SALES DOCUMENTS”) IS SUBJECT TO AND CONDITIONED UPON BUYER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE (“TERMS”) UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING BY HOBART ELECTRONICS (“SELLER”).
Customer agrees to comply with all such laws, regulations and orders. Customer warrants that it will not export or re-export any Products with knowledge that they will be used in the design, development, production or use of chemical, biological, nuclear, or ballistic weapons, or in a facility engaged in such activities, unless Customer has obtained prior approval from the U.S. Department of Commerce. Customer further warrants that it will not export or re-export, directly or indirectly, any Products to embargoed countries or sell Products to companies or individuals listed on the Denied Persons List published by the US Department of Commerce, the Canadian Restricted Entities List published by the Department of Foreign Affairs and International Trade or any other international entity that maintains such a list. Customer further acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required. If at any time Customer breaches its obligations herein, Customer shall have an affirmative obligation to give notice thereof to Seller immediately without delay. Customer agrees that Seller may, in its sole discretion, terminate any and all of its obligations to Customer as a result of Customer’s breach regardless of whether Customer has given notice as required by this section. Seller shall not be subject to any liability as a result of, or in connection with such termination.