Rockwood warrants to each of its direct customers (each a "Buyer") only that the products sold by Rockwood will conform to Rockwood specifications therefore in effect at the time of delivery of the product or such other specifications as may be mutually agreed upon in writing. Buyer shall inspect all product delivered hereunder for damage, defect or shortage immediately upon receipt by Buyer, and shall immediately provide Rockwood with notice of any such damage, defect or shortage. The conditions of any test of the products for conformance with specifications shall be mutually agreed upon and Rockwood shall be notified of, and may be represented at, all tests that may be made. If any product is determined not to conform to Rockwood specifications or such other specifications as may be mutually agreed upon in writing within the earlier of (i) six (6) months from date of shipment or (ii) the date of use of the product by Buyer, such product shall be replaced by Rockwood without additional cost to Buyer, or, at the option of Rockwood, Rockwood shall refund the purchase price therefor. This remedy is Buyer’s exclusive remedy for breach of warranty. Buyer shall not return defective products until authorized in advance by Rockwood. Returned products to the extent possible should be intact in form as shipped and retain the Rockwood identity. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This warranty is not for the benefit of any third party and is not transferable without Rockwood' prior written consent.