Common use of WARRANTY TERMS Clause in Contracts

WARRANTY TERMS. The foregoing warranty is expressly in lieu of any other expressed or implied warranties, including implied warranty of merchantability or fitness for a particular purpose, and any other obligation or liability on the part of the Manufacturer in tort or otherwise, whether arising from negligence or acts constituting strict liability. In no event shall Manufacturer be liable for any loss of anticipated profits or for consequential damages. Warranty is limited to repair or replacement at manufacturers’ option, and is also limited to cost of original Evenlite material, prorated over the warranty period. Warranty does not cover damages due to alterations, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any and all of which shall void this warranty. Warranty also does not apply to products not manufactured by Evenlite, which have been installed and used in conjunction with Evenlite products. Warranty Period: The warranty period is effective from the date of shipment by Evenlite Inc. EMERGENCY LUMINAIRES, CENTRAL POWER SYSTEMS AND L.E.D. SIGN products offered for sale by Evenlite Inc. (“Manufacturer”) excluding batteries are warranted free from defects in workmanship or material for a period of three (3) years or as set forth in sales brochures and specifications for each type of product. Batteries used in these products are subject to Pro-rata warranty periods as set forth herein or sales brochures and specifications for each product type. In addition, for L.E.D. signs, Manufacturer warrants continued illumination of LED lamps for five (5) years from date of manufacture, including all other electronic components, when installed and used under normal and proper conditions. Further, Manufacturer agrees to replace free of charge any product / component which falls below the applicable minimum acceptable brightness during its specified luminous life under the prescribed standards as of date of manufacture. The following terms of the foregoing shall constitute the sole obligation of the Manufacturer. SELF LUMINOUS TRITIUM EXIT SIGN products offered for sale by Evenlite, Inc. (“Manufacturer”) are warranted free from defects in workmanship and material as set forth in sales brochures and specifications for each type of product. Further, Manufacturer agrees to replace free of charge any product in which the luminosity is found to be defective during its specified luminous life under prescribed standards as of the date of manufacture. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. BATTERIES incorporated in Evenlite product as new or batteries offered for sale by Evenlite (“Manufacturer”) are warranted free from defects in workmanship and materials as follows: Batteries incorporated in Emergency Luminaires and Signs Sealed Lead Acid (Calcium) Batteries: 1 Year Full, 2 Years Pro-rata Sealed Nickel Cadmium and Nickel Metal Hydride Batteries: 1 Year Full, 4 Years Pro-rata Batteries incorporated in Central Power Systems Stationary Battery warranties are supported by the original manufacturer, as such the Warranty terms for batteries are as published by the manufacturer, please refer to Central Power Systems Warranty sheet CPS-WAR for full details. The pro-rata warranty period begins from the date of shipment by Evenlite and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. Batteries must be placed in service or recharged within 120 days from date of shipment by Evenlite. The average ambient temperature shall not exceed 77 º F. for more than thirty days annually. Should a defect appear in a battery covered by the Battery Warranty pro-rata Charge period, on return of the defective battery, transportation pre-paid, and Evenlite’s inspection determines the product to be defective under the terms of the warranty, Evenlite will repair or replace such battery at a cost equal to the net LIST prices at the time of repair or replacement, reduced by a percentage of such price equal to the product of the number of full years remaining in the Battery Warranty Period at the time of failure. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. Terms and Conditions of Sale xxx.xxxxxxxx.xxx

WARRANTY TERMS. The foregoing warranty is expressly in lieu of any other expressed or implied warranties, including implied warranty of merchantability or fitness for a particular purpose, and any other obligation or liability on the part of the Manufacturer in tort or otherwise, whether arising from negligence or acts constituting strict liability. In no event shall Manufacturer be liable for any loss of anticipated profits or for consequential damages. Warranty is limited to repair or replacement at manufacturers’ option, and is also limited to cost of original Evenlite material, prorated over the warranty period. Warranty does not cover damages due to alterations, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any and all of which shall void this warranty. Warranty also does not apply to products not manufactured by Evenlite, which have been installed and used in conjunction with Evenlite products. Warranty Period: The warranty period is effective from the date of shipment by Evenlite Inc. EMERGENCY LUMINAIRESEmergency Luminaires, CENTRAL POWER SYSTEMS AND Central Power Systems and L.E.D. SIGN sign products offered for sale by Evenlite Inc. (“Manufacturer”) excluding batteries are warranted free from defects in workmanship or material for a period of three (3) years or as set forth in sales brochures and specifications for each type of product. Batteries used in these products are subject to Pro-rata warranty periods as set forth herein or sales brochures and specifications for each product type. In addition, for L.E.D. signs, Manufacturer warrants continued illumination of LED lamps for five (5) years from date of manufacture, including all other electronic components, when installed and used under normal and proper conditions. Further, Manufacturer agrees to replace free of charge any product / component which falls below the applicable minimum acceptable brightness during its specified luminous life under the prescribed standards as of date of manufacture. The following terms of the foregoing shall constitute the sole obligation of the Manufacturer. SELF LUMINOUS TRITIUM EXIT SIGN products offered for sale by Evenlite, Inc. (“Manufacturer”) are warranted free from defects in workmanship and material as set forth in sales brochures and specifications for each type of product. Further, Manufacturer agrees to replace free of charge any product in which the luminosity is found to be defective during its specified luminous life under prescribed standards as of the date of manufacture. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. BATTERIES incorporated in Evenlite product as new or batteries offered for sale by Evenlite (“Manufacturer”) are warranted free from defects in workmanship and materials as follows: Batteries incorporated in Emergency Luminaires and Signs Sealed Lead Acid (Calcium) Batteries: 1 Year Full, 2 Years Pro-rata Sealed Nickel Cadmium and Nickel Metal Hydride Batteries: 1 Year Full, 4 Years Pro-rata Batteries incorporated in Central Power Systems Stationary Battery warranties are supported by the original manufacturer, as such the Warranty terms for batteries are as published by the manufacturer, please refer to Central Power Systems Warranty sheet CPS-WAR for full details. The pro-rata warranty period begins from the date of shipment by Evenlite and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. Batteries must be placed in service or recharged within 120 days from date of shipment by Evenlite. The average ambient temperature shall not exceed 77 º F. for more than thirty days annually. Should a defect appear in a battery covered by the Battery Warranty pro-rata Charge period, on return of the defective battery, transportation pre-paid, and Evenlite’s inspection determines the product to be defective under the terms of the warranty, Evenlite will repair or replace such battery at a cost equal to the net LIST prices at the time of repair or replacement, reduced by a percentage of such price equal to the product of the number of full years remaining in the Battery Warranty Period at the time of failure. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. Terms and Conditions of Sale 0000 Xxxxxxxxxxxx Xxxxx • Trevose, PA 19053 • USA Tel: (000) 000-0000 • Fax: (000) 000-0000 xxx.xxxxxxxx.xxx

WARRANTY TERMS. The foregoing warranty is expressly in lieu of any other expressed or implied warranties, including implied warranty of merchantability or fitness for a particular purpose, and any other obligation or liability on the part of the Manufacturer in tort or otherwise, whether arising from negligence or acts constituting strict liability. In no event shall Manufacturer be liable for any loss of anticipated profits or for consequential damages. Warranty is limited to repair or replacement at manufacturers’ option, and is also limited to cost of original Evenlite material, prorated over the warranty period. Warranty does not cover damages due to alterations, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any and all of which shall void this warranty. Warranty also does not apply to products not manufactured by Evenlite, which have been installed and used in conjunction with Evenlite products. Warranty Period: The warranty period is effective from the date of shipment by Evenlite Inc. EMERGENCY LUMINAIRES, CENTRAL POWER SYSTEMS AND L.E.D. SIGN products offered for sale by Evenlite Inc. (“Manufacturer”) excluding batteries are warranted free from defects in workmanship or material for a period of three (3) years or as set forth in sales brochures and specifications for each type of product. Batteries used in these products are subject to Pro-rata warranty periods as set forth herein or sales brochures and specifications for each product type. In addition, for L.E.D. signs, Manufacturer warrants continued illumination of LED lamps for five (5) years from date of manufacture, including all other electronic components, when installed and used under normal and proper conditions. Further, Manufacturer agrees to replace free of charge any product / component which falls below the applicable minimum acceptable brightness during its specified luminous life under the prescribed standards as of date of manufacture. The following terms of the foregoing shall constitute the sole obligation of the Manufacturer. SELF LUMINOUS TRITIUM EXIT SIGN products offered for sale by Evenlite, Inc. (“Manufacturer”) are warranted free from defects in workmanship and material as set forth in sales brochures and specifications for each type of product. Further, Manufacturer agrees to replace free of charge any product in which the luminosity is found to be defective during its specified luminous life under prescribed standards as of the date of manufacture. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. BATTERIES incorporated in Evenlite product as new or batteries offered for sale by Evenlite (“Manufacturer”) are warranted free from defects in workmanship and materials as follows: Batteries incorporated in Emergency Luminaires and Signs Sealed Lead Acid (Calcium) Batteries: 1 Year Full, 2 Years Pro-rata Sealed Nickel Cadmium Cadmium, Lithium Iron Phosphate, and Nickel Metal Hydride Batteries: 1 Year Full, 4 Years Pro-rata Batteries incorporated in Central Power Systems Stationary Battery warranties are supported by the original manufacturer, as such the Warranty terms for batteries are as published by the manufacturer, please refer to Central Power Systems Warranty sheet CPS-WAR for full details. The pro-rata warranty period begins from the date of shipment by Evenlite and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. Batteries must be placed in service or recharged within 120 days from date of shipment by Evenlite. The average ambient temperature shall not exceed 77 º F. for more than thirty days annually. Should a defect appear in a battery covered by the Battery Warranty pro-rata Charge period, on return of the defective battery, transportation pre-paid, and Evenlite’s inspection determines the product to be defective under the terms of the warranty, Evenlite will repair or replace such battery at a cost equal to the net LIST prices at the time of repair or replacement, reduced by a percentage of such price equal to the product of the number of full years remaining in the Battery Warranty Period at the time of failure. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. Terms and Conditions of Sale xxx.xxxxxxxx.xxx

WARRANTY TERMS. The foregoing warranty is expressly ❖ Subject to the limitations set forth below, factory warrants product against defects in lieu material or workmanship under normal use and with proper maintenance for the time periods specified below ("Duration of Warranty/Statute of Limitations"). Under this Warranty we will replace or repair any other expressed defective part, or implied warrantiesportion thereof, including implied warranty of merchantability or fitness for within a particular purpose, and any other obligation or liability on the part reasonable time after receipt of the Manufacturer in tort or otherwise, whether arising from negligence or acts constituting strict liabilitydefective part. In no event shall Manufacturer An exchanged (replacement) part will be liable warranted for any loss only the unexpired portion of anticipated profits or for consequential damagesthe original Warranty. Warranty is limited to repair or replacement at manufacturers’ option, and is also limited to cost of original Evenlite material, prorated over the warranty period. This Warranty does not cover damages the cost of diagnosis, transportation, labor, parts damaged in shipping, parts damaged due to alterationsimproper pool chemistry, abuse, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floodsshipping, or any other environmental damage, incidental costs involved in the removal of the defective parts or the installation of the replacement part unless approved by factory at factory stated labor allowance rates. Do not replace parts in any and all of which shall system with parts purchased outside the warranty without authorization from DXAir or you may void this your warranty. Do not change controls or wiring without authorization by DXAir or you may void your warranty. DURATION OF WARRANTY: STATUTE OF LIMITATIONS The Warranty also does not apply to products not manufactured by Evenliteshall only cover defects occurring during the following time periods: in the case of compressors, which have been installed and used in conjunction with Evenlite products. Warranty Period: The warranty period is effective from the date of shipment by Evenlite Inc. EMERGENCY LUMINAIRES, CENTRAL POWER SYSTEMS AND L.E.D. SIGN products offered for sale by Evenlite Inc. (“Manufacturer”) excluding batteries are warranted free from defects in workmanship or material for a period minimum of three (3) years or as set forth in sales brochures and specifications for each type of product. Batteries used in these products are subject to Pro-rata warranty periods as set forth herein or sales brochures and specifications for each product type. In addition, for L.E.D. signs, Manufacturer warrants continued illumination of LED lamps for five (5) years from the date of manufacture, including proof of certificate of occupancy date, or proof of certified startup date to a maximum of five (5) years; in the case of all other electronic componentsparts, when installed and used under normal and proper conditions. Further, Manufacturer agrees to replace free one year following installation of charge any product / component which falls below the applicable minimum acceptable brightness during its specified luminous life under the prescribed standards as of product; or one (1) year following date of manufacture. The following terms manufacture of the foregoing shall constitute the sole obligation of the Manufacturerproduct (by Serial Number). SELF LUMINOUS TRITIUM EXIT SIGN products offered for sale by Evenlite, Inc. (“Manufacturer”) are warranted free from defects in workmanship and material as set forth in sales brochures and specifications for each type of productAll warranty is subject to change without notice. Further, Manufacturer agrees to replace free of charge any product in which the luminosity is found to be defective during its specified luminous life under prescribed standards as of the date of manufacture. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. BATTERIES incorporated in Evenlite product as new or batteries offered for sale by Evenlite (“Manufacturer”) are warranted free from defects in workmanship and materials as follows: Batteries incorporated in Emergency Luminaires and Signs Sealed Lead Acid (Calcium) Batteries: 1 Year Full, 2 Years Pro-rata Sealed Nickel Cadmium and Nickel Metal Hydride Batteries: 1 Year Full, 4 Years Pro-rata Batteries incorporated in Central Power Systems Stationary Battery warranties are supported by the original manufacturer, as such the Warranty terms for batteries are as published by the manufacturer, please refer to Central Power Systems Warranty sheet CPS-WAR for full details. The pro-rata warranty period begins from the date of shipment by Evenlite and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. Batteries All equipment must be placed in service installed within 60 days of delivery or recharged within 120 days warranty starts from date of shipment by Evenlitemanufacture not date of installation. The average ambient temperature HOW TO OBTAIN WARRANTY You must timely notify DXAIR/installer of any problems with the system. In the event that the problem is determined to be the result of a factory defect, your installer must notify DXAIR directly within five (5) days of discovery of the problem. At factory’s option, any defective parts shall not exceed 77 º F. for more than thirty days annuallybe returned to factory at your expense. Should a defect appear in a battery All notices of Warranty claims and /or questions about the Warranty are to be directed to: DXAIR Inc. 000 Xxxxxxx Xxx X, Xxx. 0, Xxxxxx XX 00000. DXAIR & factory will make every effort to correct any problem covered by this Warranty as quickly as possible; however, DXAIR is not responsible for any default or delay in its performance that is caused by war, governmental restrictions or restraints, strikes, material shortages, or any other occurrences that are beyond the Battery Warranty pro-rata Charge period, on return control of the defective battery, transportation pre-paid, and Evenlite’s inspection determines the product to be defective under the terms of the warranty, Evenlite will repair DXAIR or replace such battery at a cost equal to the net LIST prices at the time of repair or replacement, reduced by a percentage of such price equal to the product of the number of full years remaining in the Battery Warranty Period at the time of failurefactory. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. Terms and Conditions of Sale xxx.xxxxxxxx.xxxEXCEPTIONS TO WARRANTY THIS WARRANTY DOES NOT APPLY TO:

WARRANTY TERMS. The foregoing Maxilator Accumagrapples - 90 days from date of purchase, additionally, all non wearing parts for five years (5). Maxilator Bale Splitter - 90 days from date of purchase, additionally, all non wearing parts for one year (1). This warranty is expressly does not apply to damage or loss caused by any or all of the following circumstances or conditions: • Damage caused during installation. • Misapplication, misuse and failure to follow the directions or observe cautions and warnings on installation, operation, application, inspection or maintenance specified in lieu any TIE DOWN quotation, acknowledgement, sales literature, specification sheet or installation instruction and service manual ("applicable literature"). • Use of product in any other expressed or implied warrantiesapplication other than those described in TIE DOWN’s product information materials. • Cosmetic damage, minor cosmetic abnormalities and normal wear and tear, including implied warranty of merchantability or fitness (without limitation), scratches, dents and chips. If any TIE DOWN products are found upon TIE DOWN's examination to have been defective when supplied, TIE DOWN will either: credit the purchaser's account for a particular purpose, and any other obligation or liability on the part purchase price of the Manufacturer TIE DOWN product; replace the TIE DOWN product; or repair the product. TIE DOWN has sole discretion in tort choosing which option to provide. For this LIMITED WARRANTY to apply, TIE DOWN must receive notice of the alleged defect within 30 days of either the discovery of the alleged defect or otherwisethe expiration of the warranty period, whether arising from negligence or acts constituting strict liabilitywhichever is earlier. In no event Any claim not made within this period shall Manufacturer conclusively be deemed waived. If requested by TIE DOWN, purchaser shall return the alleged defective product to TIE DOWN for examination at purchasers expense. TIE DOWN will not pay for expenses incurred in returning a product to TIE DOWN without TIE DOWN's prior written authority. TIE DOWN shall not be liable for any loss other expenses purchaser incurs to remedy any defect. Purchasers waive subrogation on all claims under any insurance. Limitation of anticipated profits or for consequential damages. Warranty Liability: It is expressly agreed that the liability of TIE DOWN is limited to repair or replacement at manufacturers’ option, and is also limited to cost of original Evenlite material, prorated over the warranty period. Warranty TIE DOWN does not cover damages due function as an insurer. THE REMEDIES SET FORTH IN THIS WARRANTY SHALL CONSTITUTE THE EXCLUSIVE REMEDIES AVAILABLE TO THE PURCHASER OR USER AND ARE IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR IMPLIED. THE LIABILITY OF TIE DOWN, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCT MANUFACTURED, SOLD OR SUPPLIED BY TIE DOWN. To Obtain Technical Assistance: To enable TIE DOWN to alterationsrespond to a request for assistance or evaluation of customer or user operating difficulty, abuseplease provide at a minimum the following information by calling 404-344-0000: • Model, modifications, improper installation, improper operating conditions including, but not limited to severe or repeated power surges, storms, floods, or other environmental damage, any serial number and all of which shall void this warranty. Warranty also does not apply to products not manufactured by Evenlite, which have been installed and used in conjunction with Evenlite products. Warranty Period: The warranty period is effective from other data on the date of shipment by Evenlite Inc. EMERGENCY LUMINAIRES, CENTRAL POWER SYSTEMS AND L.E.D. SIGN products offered for sale by Evenlite Inc. (“Manufacturer”) excluding batteries are warranted free from defects in workmanship or material for a period of three (3) years or as set forth in sales brochures and specifications for each type of product. Batteries used in these products are subject to Pro-rata warranty periods as set forth herein or sales brochures and specifications for each product type. In addition, for L.E.D. signs, Manufacturer warrants continued illumination of LED lamps for five (5) years from date of manufacture, including all other electronic components, when installed and used under normal and proper conditions. Further, Manufacturer agrees to replace free of charge any product / specific component which falls below the applicable minimum acceptable brightness during its specified luminous life under the prescribed standards as of date of manufacture. The following terms of the foregoing shall constitute the sole obligation of the Manufacturer. SELF LUMINOUS TRITIUM EXIT SIGN products offered for sale by Evenlite, Inc. (“Manufacturer”) are warranted free from defects in workmanship and material as set forth in sales brochures and specifications for each type of product. Further, Manufacturer agrees to replace free of charge any product in which the luminosity is found appears to be defective during its specified luminous life under prescribed standards as of the date of manufacture. The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. BATTERIES incorporated in Evenlite product as new or batteries offered for sale by Evenlite (“Manufacturer”) are warranted free from defects in workmanship and materials as follows: Batteries incorporated in Emergency Luminaires and Signs Sealed Lead Acid (Calcium) Batteries: 1 Year Full, 2 Years Pro-rata Sealed Nickel Cadmium and Nickel Metal Hydride Batteries: 1 Year Full, 4 Years Pro-rata Batteries incorporated in Central Power Systems Stationary Battery warranties are supported by the original manufacturer, as such the Warranty terms for batteries are as published by the manufacturer, please refer to Central Power Systems Warranty sheet CPS-WAR for full details. The pro-rata warranty period begins from the date of shipment by Evenlite and is subject, but not limited to proper installation and maintenance in accordance with instruction supplied. Batteries must be placed in service or recharged within 120 days from date of shipment by Evenlite. The average ambient temperature shall not exceed 77 º F. for more than thirty days annually. Should a defect appear in a battery covered by the Battery Warranty pro-rata Charge period, on return of the defective battery, transportation pre-paid, and Evenlite’s inspection determines the product to be defective under the terms of the warranty, Evenlite will repair or replace such battery at a cost equal to the net LIST prices at the time of repair or replacement, reduced by a percentage of such price equal to the product of the number of full years remaining involved in the Battery Warranty Period at the time of failuredifficulty. • The fulfilling of the terms of the foregoing shall constitute the sole obligation of the Manufacturer. Terms date and Conditions of Sale xxx.xxxxxxxx.xxxfrom whom you purchased your MAXILATOR product.