WARRANTY

Seller warrants to the original purchaser that the equipment to be delivered pursuant to the Agreement
will be as described herein and will be free from defects in material and workmanship. Minor deviations,
which do not affect the performance of the equipment, shall not be deemed to constitute either a failure
to conform to the specifications or a defect in material or workmanship.
This warranty shall extend for a period of six (6) months from the initial date of shipment. Should any
failure of conformity to this warranty appear within six (6) months from the initial date of shipment, Seller
shall, upon immediate notification of such alleged failure and substantiation that the equipment has
been operated and maintained in accordance with Sellers recommendations and standard industry
practices, correct such defects by suitable repair or replacement at it’s own expense.
Any damage created by or arriving from a third party shipping service shall not constitute a reason or
cause for non-payment or cancellations of said equipment, nor shall it extend or cancel the original
terms of payment agreed to at time of purchase. Any and all such matters will be handled through the
standard procedure of said third party shipping services. Unless otherwise specified in writing prior to
the time of such an occurrence.
Seller’s liability under this warranty shall cease if any repairs to, replacement of, or modification of or to
the equipment is made by any person other than Seller’s personal or persons working under the
supervision of Seller’s personal, unless authorized by Seller in writing. Further, the warranty shall cease
unless the Buyer has operated the equipment in strict compliance with O.E.M. (Original Equipment
Manufacturer) operating instructions and maintenance manuals, and unless Buyer operates the
equipment in normal use and with proper maintenance.
If the equipment contains components from another manufacture and are subject to that manufactures
warranty, then Seller’s liability shall be limited to the extent of the warranty in which Seller received from
the manufacture or supplier of the equipment component parts. Seller’s liability shall be no greater that
the liability of the manufacture or supplier as determined by a final judgment by the Buyer against the
manufacture or supplier of such components. Seller will cooperate with the Buyer in such legal action
but at Buyer’s expense.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL REPRESENTATIONS AND
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF THE
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF
QUALITY. EXCEPT THE WARRANTY OF TITLE, THIS WARRANTY CONSTITUTES THE EXCLUSIVE REMEDY, and shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to correct defects covered by the warranty in the manner prescribed. The sole purpose of the
exclusive remedy shall be to provide Buyer with free repair and/or replacement in the manner and for
the time period provided herein. The entire agreement between the parties is embodied in this writing, which constitutes the final expression of the parties, and is the complete and exclusive statement of the terms of the agreement. No other warranties are given beyond those set out in this writing.
LIMITATION OF LIABILITY, SELLER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL DAMAGES, INCIDENTAL, OR CONSEQUENTIAL, such as but not limited to, loss of profits, damage to or loss of property, downtime costs of the equipment, delay
expenses, overhead or capital costs, claims of Buyer’s customers or activities dependant upon the
equipment. Except to the extent provided in the LIMITED WARRANTY. Seller shall not be liable for any claim or loss arising out of or related to this agreement or the equipment provided pursuant thereto, weather such
claim allegedly arises or is based on contract, warranty, tort (including negligence), strict liability in tort or
otherwise. Liability shall not in any event exceed the cost of the equipment upon which such liability is
based. SEVERABILITY, if any portion or clause of this agreement is held invalid or unenforceable as to any
person or under any circumstances, the invalidity or lack of application shall not impair or effect the
other provisions and the application of those provisions that can be given effect without the invalid or
unenforceable provision or application. With this intention the provisions of this agreement are
declared to be severable. By completing an initial purchase agreement, Buyer and Seller conjointly agree to, and are bound by the provisions and activities strictly specified in this LIMITED WARRANTY, and therein constitute a legally binding contract between Buyer and Seller, that extends through the time period stated herein this
written LIMITED WARRANTY, and both parties shall honor their respective portions of this said LIMITED
WARRANTY.