Terms & Conditions

Aeris Service Plan – Terms & Conditions

(Updated July 15, 2026.)

These Service Plan Terms and Conditions (the "Terms") govern the sale and provision of a Service Plan (the "Service Plan") by Aeris Technologies ("Supplier") with a principal business address at 26252 Eden Landing Rd, Hayward, CA, 94545 to the customer identified on the applicable quotation, order acknowledgement, or invoice (the "Customer"). By purchasing a Service Plan, or by accepting service under a Service Plan, the Customer agrees to these Terms. A Service Plan is an optional support offering and is separate from any product warranty accompanying the Covered Instrument.

1. Definitions

"Covered Instrument" means each Supplier instrument, identified by model and serial number on the applicable order, for which a Service Plan has been purchased and the plan fee paid in full.
"Service Plan Term" means the fixed coverage term selected by the Customer, beginning on the Commencement Date and ending on the applicable expiration date, with no automatic extension or renewal.
"Commencement Date" means the date coverage begins, as set out in Section 3.
"Cavity" means the optical multi-pass measurement cell within the Covered Instrument.
"Loaner Instrument" means a comparable Supplier instrument provided to the Customer on a temporary basis while a Covered Instrument is undergoing covered service, where the applicable Service Plan tier includes that benefit.
"Business Day" means any day other than a Saturday, Sunday, or public holiday observed in the United States.
"Service Plan Fee" means the one-time, fixed fee payable for the Service Plan as stated in Section 4.

These Terms & Conditions are effective July 15, 2026. They are subject to change without notice.

2. Service Plan Options and Coverage

Supplier offers two Service Plan tiers. The table below summarizes the features included in each tier.

Service Feature	3-Year Plan	5-Year Plan
Defective parts replacement	Included	Included
Free loaner instrument	Not included	Included
Free shipping (both ways)	Included	Included
Software / firmware updates	Included	Included
Remote diagnostics	Included	Included
Free cavity replacement	1	2

3. Term and Commencement

Commencement. The Service Plan Term begins on the earlier of (a) the date stated on the Service Plan order or invoice, or (b) the date the Covered Instrument is shipped to the Customer.
Fixed term; no extension. Each Service Plan is sold for a fixed term of three (3) or five (5) years as selected by the Customer. Service Plans do not automatically renew and are not extended by periods during which a Covered Instrument is out for service or awaiting parts.
Optional Renewal. Upon Customer request, Supplier, at its option, may agree to a renewal of the Service Plan at the end of the initial Service Plan Term. Pricing and terms of the Service Plan during the renewal period will be based on Supplier's terms and conditions in effect at the time of renewal.

4. Fees and Payment

Fees. Service Plan Fees are subject to change. Contact Aeris Technologies for current rates.
Payment. Unless otherwise stated on the invoice, the Service Plan Fee is due in full within thirty (30) days of the invoice date. Coverage is not active, and Supplier has no obligation to provide services, until the Service Plan Fee has been received in full.
Taxes. Fees are exclusive of any sales, use, value-added, withholding, or similar taxes, duties, or levies, which are the responsibility of the Customer.
Non-refundable. Except as expressly stated in Section 15 (Termination), Service Plan Fees are non-refundable once coverage has commenced.

5. Included Services

Subject to these Terms and to the applicable plan tier, Supplier will provide the following services for each Covered Instrument during the Service Plan Term:

Defective parts replacement. Supplier will repair or replace parts of the Covered Instrument that fail due to defects in materials or workmanship under normal use. Replacement parts may be new or of equivalent-to-new quality, and replaced parts become the property of Supplier. This benefit does not cover consumables (i.e. desiccants, scrubbers) or damage within the exclusions in Section 7.
Free loaner instrument (5-Year Plan only). Where included in the plan tier, Supplier will use commercially reasonable efforts to provide a Loaner Instrument while a Covered Instrument is undergoing covered service, subject to availability and to the loaner terms in Section 9. Loaner Instruments are not provided under the 3-Year Plan, and are not provided for Covered Instruments located outside the United States (see Section 9.5).
Free shipping (both ways). For covered service events, Supplier will cover standard inbound and outbound shipping costs between the Customer and the designated Supplier service location, subject to Section 10. This benefit applies only to Covered Instruments located in the United States; shipping for Covered Instruments located outside the United States is governed by Section 10.4 (Non-US Customers). Customer will contact Supplier to make arrangements for shipping and to receive instructions on proper packaging for the Covered Instrument.
Software and firmware updates. Supplier will make available software and firmware updates it generally releases for the Covered Instrument during the Service Plan Term. Updates are provided as-is and may require Customer installation or scheduling of a service window.
Remote diagnostics. Supplier will provide remote diagnostic support during Supplier's normal business hours to identify and, where possible, resolve issues with the Covered Instrument. Remote support requires the Customer to provide reasonable cooperation, data, and connectivity where applicable.

6. Cavity Replacement Guarantee

Included replacements. The 3-Year Plan includes one (1) cavity replacement and the 5-Year Plan includes two (2) cavity replacements during the Service Plan Term. A "cavity replacement" covers the labor and parts to replace the Cavity of a Covered Instrument that is no longer meeting published performance specifications and cannot be restored by cleaning, alignment, or lesser repair.
Exclusion. The cavity replacement guarantee does not cover loss, theft, or damage caused by gross negligence. Cavity replacements needed as a result of such loss, theft, or damage are not included and, if performed, are billable at Supplier's then-current rates.
Non-cumulative. Included cavity replacements are specific to the Covered Instrument, are not transferable between instruments, and do not carry over to any subsequent Service Plan. Unused replacements have no cash value.

7. Exclusions and Limitations

Unless expressly stated otherwise in writing, the Service Plan does not cover, and Supplier is not responsible for, any of the following:

Damage or malfunction caused by misuse, abuse, accident, gross negligence, or operation outside the Covered Instrument's published environmental or operating specifications.
Damage caused by unauthorized repair or modification, or by parts, software, or accessories not supplied or approved by Supplier.
Loss, theft, or damage caused by fire, flood, power surges, corrosive or hazardous environments, transport not arranged by Supplier, or events of Force Majeure.
Cosmetic damage that does not affect instrument function.
Issues arising from failure to install available updates or follow Supplier maintenance guidance.

8. Customer Obligations

As a condition of coverage, the Customer will:

Operate, store, and maintain the Covered Instrument in accordance with Supplier documentation and published specifications.
Register the Service Plan and provide accurate instrument serial numbers and contact information.
Contact Supplier to obtain authorization before returning any instrument for service and follow Supplier's packing and shipping instructions.
Provide reasonable cooperation for remote diagnostics, including access, data, and a knowledgeable point of contact.
Back up or export any data prior to shipping an instrument for service; Supplier is not responsible for loss of stored data.

9. Loaner Instrument Terms

Ownership. Loaner Instruments remain the property of Supplier at all times. The Customer receives only a temporary, non-transferable right of use for the duration of the covered service event.
Care and return. The Customer will use the Loaner Instrument with reasonable care and return it in the condition received (ordinary wear excepted) within ten (10) Business Days after the repaired or replacement Covered Instrument is delivered.
Risk and charges. From delivery until Supplier's receipt of the returned Loaner Instrument, the Customer is responsible for loss of or damage to the Loaner Instrument other than ordinary wear. Loaner Instruments not returned on time may be invoiced at Supplier's then-current list price plus applicable charges.
Availability. Loaner Instruments are subject to availability. Supplier may provide a comparable or functionally equivalent model in place of the exact model of the Covered Instrument.
Non-U.S. Customers. Loaner Instruments are provided only for Covered Instruments located in the United States. Supplier does not provide Loaner Instruments for Covered Instruments located outside the United States, regardless of the Service Plan tier purchased.

10. Shipping and Risk of Loss

Covered shipping. For authorized, covered service events, Supplier will arrange and pay standard inbound and outbound freight between the Customer's designated location and the Supplier service location (subject to Section 10.4). Expedited freight, international duties, taxes, and customs charges are the Customer's responsibility unless agreed in writing.
Risk of loss. Risk of loss for an instrument in transit passes to the party arranging the shipment for the relevant leg, except that the Customer bears risk of loss arising from the failure to pack a shipment in accordance with Supplier's instructions.
International shipments. Cross-border service is subject to applicable export control and customs requirements, and turnaround times may be affected accordingly.
Non-U.S. Customers. Notwithstanding Section 5.3 and Section 10.1, the free shipping benefit does not apply to Covered Instruments located outside the United States. For such instruments, the Customer is responsible for all inbound and outbound freight and insurance, and for all customs duties, import and export fees, value-added and similar taxes, and brokerage charges arising from any covered service event. Supplier will use commercially reasonable efforts to coordinate shipping and may, at the Customer's request and expense, arrange shipping on the Customer's behalf. Any duties, taxes, or charges assessed against Supplier in connection with such shipments will be invoiced to, and reimbursed by, the Customer.

11. Service Levels and Turnaround

Supplier will use commercially reasonable efforts to diagnose and complete covered repairs promptly. Any quoted turnaround times are estimates only, are not guaranteed, and may be affected by parts availability, shipping, customs, and the nature of the fault. Supplier is not liable for delays beyond its reasonable control.

12. Relationship to Product Warranty

The Service Plan is a separate, optional offering and does not replace, reduce, or extend any standard product warranty provided with the Covered Instrument. Where a defect is covered by both an in-force warranty and the Service Plan, warranty terms apply first and Service Plan benefits (such as included cavity replacements) are not consumed for work covered under warranty.

13. Warranties and Disclaimers

Supplier warrants that Service Plan services will be performed in a workmanlike manner by qualified personnel. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE PLAN AND ALL SERVICES ARE PROVIDED "AS IS," AND SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Supplier does not warrant uninterrupted or error-free operation of any instrument.

14. Limitation of Liability

Exclusion of certain damages. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or loss of use, arising out of or relating to the Service Plan, even if advised of the possibility of such damages.
Cap. Supplier's total aggregate liability arising out of or relating to a Service Plan will not exceed the Service Plan Fee paid by the Customer for that Service Plan.
Exceptions. The limitations in this Section do not apply to liability that cannot be limited or excluded under applicable law.

15. Transfer, Assignment, and Termination

Transfer of coverage. A Service Plan is tied to the Purchaser and the Covered Instrument identified at purchase and cannot be transferred to a subsequent owner of the instrument or to a different instrument.
Assignment. Neither party may assign these Terms without the other party's prior written consent, except that Supplier may assign its rights and obligations to an affiliate or to a third-party in connection with a merger, reorganization, or sale of assets.
Termination for breach. Either party may terminate a Service Plan on written notice if the other party materially breaches these Terms and fails to cure within thirty (30) days of notice. If Supplier terminates for Customer's non-payment, no refund is due. If the Customer terminates for Supplier's uncured breach, the Customer's sole remedy is a pro-rata refund of the Service Plan Fee for the unused, unexpired portion of the Service Plan Term.

16. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, labor disputes, supplier or carrier failures, war, terrorism, governmental action, or failures of utilities or transportation.

17. General Provisions

Governing Law. These Terms and Conditions combined with a Service Plan invoice issued by Supplier and fully paid by Customer form a binding contract ("Agreement") between the parties. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law principles.
Dispute Resolution. Any disputes shall be resolved exclusively through binding arbitration in Alameda County, California, under the rules of the American Arbitration Association. Buyer waives any right to jury trial.
Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements.
No Modification. This Agreement may not be modified except by written agreement signed by both parties.
Waiver. No waiver of any provision shall be deemed a waiver of any other provision or subsequent breach.
Survival. All provisions regarding liability, indemnification, and warranty disclaimers shall survive termination of this Agreement.

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