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MANUFACTURER’S WARRANTIES

 MANUFACTURER’S WARRANTIES

DEFECTS & PERFORMANCE: SYSTEMOne  products (“Equipment”) are warranted by SYSTEMOne  Technologies Inc., (“Manufacturer”), to be free of defects in materials and workmanship and to perform in accordance with the Manufacturer’s specifications and operating manual (“Warranty”) for three (3) years commencing on the date of delivery (“Warranty Period”). During the Warranty Period, the Manufacturer will repair, or at its option, replace the Equipment with like Equipment, free of charge. A five (5) year Warranty (“Extended Warranty”) is available at time of purchase for an additional charge. WARRANTY COVERAGE AREA: Warranty related repairs are generally performed on site at the Equipment location by the Manufacturer’s local service technician for Equipment located within the Manufacturer’s service area. If repairs must be performed at the Manufacturer’s Service Center, loaner Equipment will be temporarily provided free of charge. Equipment located outside the Manufacturer’s service area may be shipped, at the customer’s expense, to the Manufacturer’s closest Service Center for repair or the Manufacturer will supply required parts with detailed installation instructions for on site repair by the customer. ENVIRONMENTAL ASSURANCE: The Manufacturer warrants that the Equipment does not generate any spent solvent hazardous waste. Equipment utilizing approved 140
+ flash point mineral spirit solvent does not generate any residue hazardous waste under current interpretation of existing Federal regulations where used oil is exempt as a hazardous waste provided (i) no hazardous materials or chemicals are added to or used within the Equipment and (ii) the Equipment is operated in accordance with the Manufacturer’s operating manual. The Manufacturer has implemented an Environmental Assurance Program to test and document the classification of the Equipment residue through independent laboratories. For a specified charge, the Manufacturer shall provide customers with a laboratory analysis and test results documenting the status of the Equipment residue within thirty (30) days of a customer’s written request. LIMITED WARRANTY: The Manufacturer shall not be responsible under this limited Warranty for damages resulting from (i) failure to follow Manufacturer’s installation, operation or maintenance instructions, (ii) Unauthorized system modification or alteration under the customer’s control, (iii) accident, abuse, misuse or negligent acts or omissions of the customer or persons under the customer’s control; or (iv) acts of third parties and acts of God. THERE ARE NO OTHER EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL, OTHER THAN THE WARRANTY SET FORTH IN PARAGRAPH 1 ABOVE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. LIMITATION OF WARRANTY: The liability of the Manufacturer and its affiliates and suppliers for any claims, losses, damages or expenses from any cause whatsoever (including acts or omissions of third parties), regardless of the form of action, whether in contract, tort, or otherwise, shall not exceed the lesser of (i) the direct damages proven, (ii) the repair or replacement cost, lease payoff or purchase price, as the case may be, of the Equipment that directly gives rise to the claim. The Manufacturer shall not be responsible for any incidental, special, punitive, exemplary, reliance, consequential (including but not limited to lost profits or lost revenues) or indirect loss or damage incurred in connection with the Equipment to the full extent those damages can be disclaimed by law. For personal injury caused by the Manufacturer’s negligence, the Manufacturer’s negligence shall be limited to proven damages to person. No action or proceeding against the Manufacturer or its affiliates or suppliers may be commenced more than twelve (12) months after the cause of action accrues.

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