Warranty for Malabar Tripod Jacks Only

(A.) The Seller warrants each new product of its manufacture to be free from defects in material or
workmanship, under proper, reasonable and normal use and service, for a period of three (3) year
after date of shipment.
(B.) Where Buyer claims an alleged defect in material or workmanship and so advises Seller in
writing within ten (10) days after discovery thereof, then and in such event, Buyer shall return said
equipment, transportation prepaid, to the Seller, provided such return is timely and within one (1)
year from date of original shipment. This warranty and liability of the Seller is expressly limited
solely to replacement of repair of defective parts or goods, and return at Buyer’s expense to Seller
after find by Seller the product was defective prior to original shipment or, at the option of Seller,
to making refund to Buyer of the purchase price for said product.
(C.) It is further expressly understood and agreed that:
1. THERE IS NO WARRANTY, representation of condition OF ANY KIND, express or
implied, (INCLUDING NO WARRANTY OF MERCHANT-ABILITY OR OF FITNESS) EXCEPT THAT
THE MATERIAL SHALL BE OF THE QUALITY SPECIFIED HEREIN, and none shall be implied by
law. Except as otherwise provided herein, quality shall be in accordance with seller’s
specifications. Final determination of the material for the use contemplated by Buyer is the sole
responsibility of Buyer and Seller shall have no responsibility in connection with such suitability,
and
2. The Buyer’s sole and exclusive remedy shall be repair or replacement of defective parts
by the Seller. Should the goods, in the judgment of Seller, preclude the remedying of the
warranted defects by repair or replacement, the buyer’s sole and exclusive remedy shall the be
the refund of the purchase price, and
3. Seller shall not be liable for prospective profits or special, indirect or consequential
damages, nor shall any recovery of any kind against Seller be greater in amount than the
purchase price of the specific material sold and causing the alleged loss, damage or injury. Buyer
assumes all risk and liability for loss, damage or injury to persons or property of Buyer or others
arising out of use or possession of any product or part sold hereunder, and
4. The Seller shall in no way be deemed or held to be obligated, liable or accountable upon
or for any guarantees or warranties, express or implied, or created by statute or by operation of
law or otherwise, in any manner of form beyond its express agreement above set forth, and
5. No warranty herein shall apply to any product which shall have been repaired or
altered, unless such alteration or repair has been made by Seller or where, after return to and
inspection by Seller, the product is found by Seller to have been subject to misuse, negligence or
accident, and
6. No warranty of any nature is made by Seller as to any component forming a part of the
product sold and Buyer shall receive only such warranties offered by such other manufacturer
pertinent to such component, and
7. Seller does not assume nor does Seller authorize, any other person to assume for it any
other liability or make any warranty in connection with the sale of its products.

(Issue: 1/2003)