SCADA AND PLC CONTROL SYSTEMS

Customer shall allow EIS Inc. full and free access to the equipment to be serviced and provide EIS Inc. reasonable working conditions including, telephone, storage facilities, first aid and toilet facilities. EIS Inc. representatives reserve the right to refuse work under hazardous conditions.

If requested by EIS Inc., Customer shall assign an employee to be present during service at the Customer’s expense.

All labor and materials provided hereunder is billable at EIS Inc.’s then current service rates. Service is billable at service rates (portal to portal travel time is billable) unless otherwise specifically noted in the written request for service. New, reconditioned or functionally interchangeable parts may be used at EIS Inc.’s discretion.

Customer is responsible for all charges including applicable Customers, import duties, federal, state and local taxes.

Minimum charge for on-site service is four (4) hours, billed at regular, overtime or holiday rates as applicable. Travel time is separately and additionally charged.

Travel and living expenses will be billed at cost.

Payment terms are net 30 days. Amounts not paid on time are subject to a late charge equal to the lesser of 1.5% per month, or the highest rate permitted under applicable law, and shall be added to the amount invoiced.

This agreement shall be governed by the laws of the State of Massachusetts without regard to its conflict of the laws rule.

Limited Warranty All equipment, materials and service provided by EIS Inc. is warranted against defects in material and workmanship for a period of sixty (60) days from the date of service or installation. EIS Inc.’s sole obligation for any breach of the forgoing warranty shall beat EIS Inc. sole option to repair or replace any defective equipment or material and to provide workmen like service in correcting any deficiencies in service. Notwithstanding in forgoing, EIS Inc. shall have no obligation or liability hereunder, unless the defect is reported in reasonable detail to EIS Inc. promptly and in no event later than the expiration of the warranty period. THE ABOVE WARRANTY AND REMIDIES ARE EXCLUSIVE AND NO OTHER WARRANTY, EXPRESS OR IMPLIED, SHALL APPLY. EIS INC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EVEN IF EIS INC. IS AWARE OF SUCH PURPOSE.

EIS Inc.’s liability to Customer for any cause whatsoever shall be limited to the greater of one hundred thousand dollars ($ 100,000.00) or the price paid to EIS Inc. hereunder. This limitation shall apply regardless of the form of action, whether contract or tort, including without limitation, negligence. The foregoing limitation shall not apply to personal injury caused by EIS Inc.’s negligence. IN NO EVENT SHALL EIS INC. BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE OR LOSSES OF ANY KIND, EVEN IF EIS INC. WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Effective January 2011