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d. Provide equipment to set larger items, including, but not limited to, an extended reach <br />forklift, hand tools, and a stick boom crane of 20 -ton capacity or greater. Seller estimates <br />that the crane would be needed on-site for four (4) weeks; and <br />e. Provide a -house for the MCC unit and a certified electrician to connect the power <br />source to the a -house to the Plant, unless the a -house is purchased from Seller pursuant to <br />Section 1.4 hereto. <br />5. INSPECTION AND REJECTION OF THE PLANT <br />5.1 Buyer has the right to inspect the Plant or any individual components thereof upon <br />delivery to the Mine. <br />5.2 Buyer may reject the Plant or any portion thereof if Buyer determines the Plant or any <br />portion thereof is nonconforming or defective. If Buyer rejects any portion of the Plant, <br />Buyer has the right, upon written notice to Seller, to: (a) terminate this Agreement in its <br />entirety; (b) accept the Plant at a reasonably reduced price; (c) reject the Plant or any <br />individual components thereof and require replacement of the rejected items; or (d) reject <br />the Plant in its entirety. If Buyer requires replacement of the Plant or any individual <br />components thereof, Seller shall, at its expense, promptly replace the nonconforming or <br />defective portions and pay for all related expenses, including, but not Iimited to, <br />transportation charges for the return of the nonconforming or defective portions and the <br />delivery of a replacement. If Seller fails to timely deliver replacement components or <br />Plant, Buyer may terminate this Agreement. <br />6. WARRANTIES AND GUARANTEES <br />6.1 Seller warrants to Buyer that the Plant will: (a) be free from any defects in workmanship, <br />material, and design; (b) conform to applicable specifications, drawings, designs, samples, <br />and any other requirements specified by Buyer; (c) be fit for its intended purpose and <br />operate as intended; (d) be merchantable; (e) be free and clear of all liens, security <br />interests, or other encumbrances; and (f) not infringe or misappropriate any third party's <br />patent or intellectual property rights (whether in China or the United States). These <br />warranties survive any delivery, inspection, acceptance, or payment of or for the Plant by <br />Buyer. These warranties are cumulative and in addition to any other warranty provided by <br />law or equity. <br />6.2 Additionally, Seller warrants that the Plant will function properly for twelve (12) <br />months from the date the Plant becomes operational ("Operational Date"). All <br />mechanical parts of the Plant shall be warranted against wear for twelve (12) months from <br />the Operational Date, or Five Thousand (5,000) hours of operation, whichever occurs first. <br />Buyer's inspection or failure to inspect the Plant shall not affect or diminish Seller's <br />warranty obligations or Buyer's right to reject a defective or non -conforming component <br />of the Plant. Following notice of a covered warranty repair from Buyer, Seller shall <br />