Standard Warranty for MALABAR Equipment

(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 one (1) 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)