Service Exhibit 11M

Service Exhibit 11M

The provision of Preventative Maintenance (PM), Qualification and Repair services are defined and governed by this Exhibit in conjunction with Chromalytic’s Terms and Conditions.

Preventative Maintenance Services

The PM service comprises cleaning, adjusting, inspecting or checking of the equipment in accordance with the model-specific procedure which is specified in the current revision of the Chromalytic PM checklist for the product. The activities undertaken on any particular PM Service may be determined by the age, usage pattern or nature of the equipment, and by the Customer’s contractual entitlement.

Chromalytic will additionally supply any maintenance parts specified in the Chromalytic PM checklist as requiring mandatory replacement during the PM Service where the customer has chosen to include these in contractual entitlement. Any optional or discretionary parts will only be supplied and fitted at additional cost.

PM services do not include the repair or any faults, whether or not known or apparent before commencement of the PM, or testing of the performance of the equipment other than where included in the Chromalytic PM checklist. Supply of parts required to rectify any such faults are also excluded.

For gas generators where the replacement of internal or external compressors is an optional maintenance activity, the PM Service will not include the materials, parts, labour or travel to replace the compressors, unless specifically added to cover at an additional premium. In such cases, the right to compressor replacement shall be restricted to the number specified in the cover during any contractual period. For contracts including contractual entitlement to supply and replacement of one or more compressors, the supply and replacement shall take place during the PM Service visit, otherwise additional call-out and travel changes may apply.

Repair Services

The Repair service comprises investigation, testing, adjustment, modification or parts replacements, usually undertaken in response to fault symptoms or other Customer triggers. Such services may be carried out in our workshop or on the site of the Customer.

Where the equipment is covered by a current contract including an element of repair cover, then the customer will normally be entitled to repair labour and travel, except for a few exceptional circumstances such as faults pre-existing cover with us, misuse or fire / flood damage or normal wear and tear. More details can be found in our Terms and Conditions.

Repair+ or Silver+ contacts include parts for repair (including consumable parts required for repair).

A more restricted cover level (Repair) may also available where parts (including service kits and consumables items), are always chargeable when required to carry out a Repair service.

For gas generator or other units fitted with internal compressors, should the customer elect not to include Preventative Maintenance or replacement of the compressors,  any breakdowns attributable to faults or problems with the compressors will not be covered by any Repair or Repair+ cover, and will be chargeable to the customer.

For units on a Silver, Silver+, Repair+ or Repair cover Chromalytic will respond to new fault notifications made by phone, email to [email protected] or via the automated support portal within 48 hours unless otherwise agreed in writing. Please be aware that response does not mean attendance on site. Attendance on site will normally be within 5 days.

Subsequent repair activities may require additional scheduled repair visits or the procurement of parts from third party suppliers, the lead-time of which are beyond the control of Chromalytic. All reasonable efforts will be made to secure prompt delivery of parts required, but some delays may be unavoidable whilst we effect a resolution to the fault.

Customers with units on Repair48 or Repair48+ cover will benefit from service response within 48 hours of fault notification. Repair48 and Repair48+ cover is subject to acceptance, and is not available for all equipment or locations. Service response will be performed in the way that Chromalytic management deems most appropriate, and may be provided by email, remote access, telephone or physical attendance. Response time is taken to be the time for the first service response, and not the time to the arrival of an engineer.

For equipment covered by a current contract, the Customer will be entitled to discounted labour and travel rates (compared to our current published Standard Rates) for any work not covered by contractual entitlement for the period of cover, provided that the Customer has paid all invoices presented within 30 days of the date of invoice. Standard Rates will apply in all other cases.

Chromalytic cannot be held responsible for any data, financial or consequential loss resulting from a fault or the non-availability of equipment howsoever caused, so it is important to ensure that a suitable data backup policy and disaster recovery plan is in place and implemented.

Qualification Services

The Qualification service comprises a test or series of tests for the product that measure certain aspects of the performance or nature of operation of the product. Qualification services are not offered for all supported products.

Chromalytic will supply labour to perform the tests on one occasion, and will additionally supply test kits, parts and equipment as defined in the current Chromalytic Qualification Protocol for the equipment.

The customer will be able to review and record acceptance of both the Qualification Protocol, data generated and report. The customer must satisfy themselves that the Qualification services meet their requirements, and that they have reviewed all procedures and protocols before the engineer arrives to carry out the services. If the customer subsequently decides to modify, question or defer the Qualification services or documentation, then Chromalytic may deem the services as having been delivered in entirety.

Chromalytic does not offer warranty as to the suitability of the Qualification services for any particular purpose, nor does the purchase of the Qualification services guarantee that the equipment will meet the specifications in the protocols, the equipment manufacturer’s documentation or the customer’s own documentation.

Where the equipment fails to meet the recorded specifications, the services do not include any remedial work required to meet specification.

It is recommended that the customer should purchase a PM service to be performed immediately prior to the Qualification services. For reoccurring qualification, it is generally recommended that the Qualification services are repeated annually.

The completed qualification documentation, including any raw data, remains the property of the customer, who should ensure that they are safety stored. In the event of loss, Chromalytic do not retain copies, so a complete new qualification must be purchased and delivered.

Installation Services

The Installation Service comprises the unpacking, installation, connection, commissioning or checking of new or relocated equipment.

Chromalytic will supply parts and labour to carry out the Installation Services only of equipment specified in advance of the Installation visit and accepted by Chromalytic in writing. Any additional equipment will only be installed at Chromalytic’s discretion, and will incur additional charges at our Standard Rates.

Installation does not include delivery or moving of the equipment. The Customer will be responsible for moving the equipment to the location that it is to be installed in, and for disposing of all packaging material.

Parts supplied as part of the Installation Service include sufficient Standard Grade ¼ inch or 1/8 inch non-cleaned copper tubing to connect to utility or application connections within 2m distance of the point of installation. We will supply standard Swagelok connections to connect one unit to one application system only. If the Customer requires pre-cleaned copper tubing or other pipe materials, or other types of fittings or connectors, then these can substituted if agreed in writing by Chromalytic prior to delivery of the Installation Service, and at additional cost to be advised to and bourne by the Customer.

The Customer must ensure that the gas and electrical supplies are safe, and of sufficient quality, quantity and proximity for us to complete the installation. If additional regulation, isolation, filtration or other control is required, this is not included in the Installation Service, and will be at additional cost.

If an additional site visit is required to complete the installation, supply or fit additional or substituted parts or ancillary equipment, or test or commission the equipment to be installed, then the Customer will be required to pay for time and travel at our Standard Rates, and materials at Chromalytic List Prices.

For avoidance of doubt, if Chromalytic cannot deliver or complete the Installation Services due to non-delivery of the equipment to be installed, unavailability of the customer or non-readiness of the point of installation or utility or application equipment, and the Customer gives less than 48 hours written notice to Chromalytic, this will result in a cancellation charge equal to 100% of the price of the Installation Service, which will be deemed to have been rendered.

Chromalytic do not warrant that the equipment meets specification, is suitable for any given application or use, is complete or working correctly, nor that the location nor the utility supplies are suitable.

Customer Responsiblities

The customer is responsible for ensuring that the equipment is available without restrictions or limitations for the purpose of carrying out the services on the agreed date of delivery.

The customer is also responsible for the supply and disposal of general laboratory supplies, solvents, chemicals and gases, if required by our engineer.

The customer must ensure that the instrument and the working environment are safe for our engineer, and that all legal responsibilities are adhered to in relation to Health and Safety and safe working. Where the instrument or the environment are considered to be unsafe or to present an unknown risk, including but not limited to satisfactory documentation of decontamination, it is our legal obligation to refuse to deliver the services. In such cases the customer will be deemed to have received the service by default, and no refund or repeat visit will be offered.

The customer must provide rest facilities and access to toilets, drinks and somewhere to eat for our engineer if requested. This is to allow us to comply with employment legislation, and to ensure a reasonable working environment for our colleagues.

Service Limitations

The services are only available during Chromalytic’s normal business hours. This is currently 09:00 to 17:00 Monday to Friday, excluding Bank and Public holidays. Some products and problems may require us to appoint a particular engineer, the availability of whom will be determined by prior commitments and the engineer’s working pattern. We will attempt to make all reasonable efforts to effect an acceptable response time, but cannot guarantee response times in such cases.

The standard service prices include travel to customer sites that are located within 100 miles of a Chromalytic engineer or office. Additional charges may occur for travel beyond this distance.

For obsolete systems, or where the manufacturer’s policy is to restrict supply of components, Chromalytic cannot guarantee that parts will available to carry out the services. In such circumstances, completion of all PM activities or an effective repair may not be possible. The delivery of the services will be on a “best effort” basis. Where this is the case, the situation will be discussed with the customer in advance of or during service delivery. The customer will have the option of authorising a modified service delivery, or removing the unit affected from cover should this better suit their business needs subject (subject to our cancellation policy).

Cancellation

Customer requests to remove a unit from cover or terminate a support agreement shall be at the sole discretion of the Directors of Chromalytic and nothing in this document infers a right to cancellation. All request shall in any case require 60 days prior written notice, and a refund claimed on a prorated basis subject to retention by Chromalytic for all services fully or partially rendered under the agreement or contract, loss of profit by reason of contract termination and a fee of 30% of the cancelled cover. Services rendered shall specifically include PM services and any repair services delivered, which will be calculated at the time and materials rates for contract customers, and deducted from the amount to be refunded before payment to the customer. The customer may not cancel a portion of the cover on a unit.