Warranty

(a) Surface To Surface Inc. (“STS”) warrants that new products manufactured and sold by it for use anywhere in the world, when properly installed, maintained, and operated within rated and normal usage limits, will be, at the time of manufacture, free from defects in workmanship and materials for a period of Twelve (12) Months from the date of delivery for initial use, provided that in no event shall the warranty period extend beyond eighteen (18) months from the date of shipment from STS’s factory, regardless of the date of delivery or initial use. Warranty coverage is determined by STS’s own serial number and shipment records; no registration or registration form is required for coverage to apply.

(b) STS’s sole obligation, and Purchaser’s exclusive remedy, under this warranty is limited, at STS’s sole discretion, to the repair or replacement of the defective part or product at STS’s facility, or refund of the purchase price. Determination of what constitutes a defect in material or workmanship is at STS’s sole discretion.

(c) All warranty claims must be submitted in writing within thirty (30) days of discovery of the defect, and must include the product’s serial number. Purchaser must promptly notify STS of the claimed defect and establish that the product has been properly installed, maintained, and operated within the limits of rated and normal usage. STS reserves the right to inspect any product claimed defective either at Purchaser’s location or at STS’s facility. No product is to be returned to STS without prior written authorization. Authorized returns shall be shipped freight prepaid by Purchaser/distributor. STS assumes no liability for labor charges incidental to adjustment, repair, removal, or replacement of the product, or for the cost of repairs made outside its facility, except where made pursuant to STS’s prior written consent.

(d) This warranty, as it relates to electronic control units, applies only if Purchaser employs qualified maintenance personnel. If Purchaser ships, or requests that STS ship, electronic control console units by means other than air-ride common carrier truck, all warranties relating thereto are void. Any software, control programs, or documentation (“Software Materials”) supplied with a product are warranted to be operative for their intended purpose for six (6) months from the date of delivery; STS will supply a corrected version, free of charge, provided (i) Purchaser furnishes a detailed description of the problem and STS verifies the problem exists, and (ii) the correction does not require creating new Software Materials to serve a function not originally intended. This subparagraph does not apply if Purchaser has made or attempted any changes to the Software Materials.

(e) Products or components purchased by STS or otherwise supplied by another party (for example, Vanguard Power for gas engines and Yanmar Engines for diesel engines) are covered only by that manufacturer’s own warranty, if any. STS assigns and passes through to Purchaser any such manufacturer’s warranty, and Purchaser’s recourse for such components is against the manufacturer only. STS will pass along any warranty information supplied by the manufacturer, but compliance with that manufacturer’s own warranty terms, if any, is Purchaser’s responsibility.

(f) This warranty does not cover, and STS is not liable for: (1) normal wear and tear, including adjustment or replacement of belts, hoses, bearings, seals/packings, fuses, bulbs, switches, ignition parts, chain links, fittings and hardware, or electrical connections; (2) neglect, improper operation, misapplication, overloading, accident, environmental damage, or depreciation; (3) failure to inspect or maintain the product, improper repair, or use of unapproved parts; (4) safety guards or electrical systems complying with local codes and conditions; or (5) damage caused by improper storage, winterizing, shipment, or packaging, including damage from rain, mud, rust, or other negligence by Purchaser in handling the product or warranty parts. The cost of normal maintenance and replacement of service items is Purchaser’s responsibility.

(g) This warranty does not apply to any product or component that has been repaired, modified, or altered outside of STS’s facilities, or installed or used contrary to STS’s or the original manufacturer’s instructions, without STS’s express written consent. Purchaser agrees to indemnify and hold STS harmless from any claims, demands, or costs arising from unauthorized modification of the product. Any custom conversion or adaptation performed at Purchaser’s specific request is undertaken at Purchaser’s risk, and STS bears no risk of loss resulting from it.

(h) Purchaser is solely responsible for the design, selection, and application of equipment, products, components, and materials purchased from STS. Any drawings, specifications, or information provided by STS are for reference only, and STS makes no warranty as to their accuracy.

(i) Products sold by STS are intended for commercial and business use only and are not intended for sale to, or use by, consumers. To the extent permitted by applicable law, STS disclaims all warranties and protections applicable to consumer transactions under any consumer protection legislation, including, where applicable, Ontario’s Consumer Protection Act, 2002 or equivalent legislation in the jurisdiction of sale.

(j) EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, STS MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE EXTENT ALLOWED BY LAW. THIS DISCLAIMER INCLUDES ANY PRIOR WRITTEN OR ORAL REPRESENTATIONS REGARDING THE PRODUCTS MADE BY STS, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES.

(k) IN NO EVENT SHALL STS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR DOWNTIME, ARISING FROM ANY DEFECT IN OR FAILURE OF ANY PRODUCT, AND IN NO EVENT SHALL STS’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT.

(l) This warranty shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.