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BOIVAR YARNS Guarantee and Conditions 6. Modifications This warranty, together with the Supplier's standard terms and conditions of sale, is the complete, final and exclusive agreement of the parties with respect to the quality and performance of the Products and any and all representations and warranties concerning the Products. No dealer, sales representative or similar person has the authority to make any representations of warranties with respect to the Products, to extend any warranty period hereunder or otherwise to change, modify, amend or supplement the provisions of any warranty. None of O the provisions of this warranty may be changed, modified, amended or supplemented except by a written s® instrument signed by an authorised representative of the Supplier.This warranty applies to all Supplier Products sold to the Purchaser beginning on the date this warranty certificate is issued to the purchaser and continuing until the Supplier issues the Purchaser with a new warranty certificate signed by an authorised representative of the Supplier that expressly supersedes this warranty certificate in whole or in part. Any such new warranty certificate will be effective upon receipt by the Purchaser. The Purchaser's purchase of any Supplier Products following receipt of any new warranty certificate from the Supplier will constitute the Purchaser's acceptance of the terms and conditions of such new warranty certificate. 1 7. Waiver No failure on the part of the Supplier to exercise, and no delay by the Supplier in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy by the Supplier preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 8. Governing Law This warranty and the rights and obligations of the parties under this warranty shall be governed by the laws of the State of North Carolina, without regard to its conflicts of laws principles. Sales of Products by the Supplier to the Purchaser shall not be subject to the United Nations Convention on the International Sale of Goods. 1 9. Severe bility If any provision or portion of any provision of this warranty shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall constitute the parties' agreement with respect to the subject matter thereof, and all such remaining provisions or portions thereof shall remain in full force and effect. 10. Assignment The Purchaser may not transfer, convey or otherwise assign all or any of its rights under this warranty without the prior written consent of the Supplier. Any such transfer or assignment by the Purchaser without the Supplier's prior written consent shall be null and void and of no force or effect. This warranty shall inure to the benefit of and be binding upon the Supplier and the Purchaser and their respective successors and permitted assigns. Claims under this warranty may only be made by the Purchaser and nit by the Purchaser's customers or any third parties. 1 A Low& Bona Company Jan 2012,version 3/A Page 3 or 4 ProGrass RFP No. 12-10-03 16