HUTH-BEN PEARSON INTERNATIONAL, LLC

MANUFACTURER’S WARRANTY

Huth-Ben Pearson International, LLC (the “Manufacturer”) warrants Manufacturer’s products (the “Products”) will be free from defects in manufacture by Manufacturer (the “Warranty”).  The Warranty will be effective and valid for a period of one (1) year for equipment, ninety (90) days for parts, tooling, and accessories beginning on the date in which Manufacturer ships the Product (the “Warranty Period”) from manufacturer’s facility directly to Manufacturer’s customer (the “Customer”).  The Warranty shall obligate Manufacturer to repair or replace (in Manufacturer’s discretion) defective Products as provided below.  Manufacturer shall maintain records, including Manufacturing Process Instructions, for all Products for a period equal to the Warranty Period.  Upon the expiration of the Warranty Period, Manufacturer will have no further obligation to Customer with respect to a Product that is non-conforming and/or defective for any other reason. 

To take advantage of the Warranty, Customer must take the following three steps: (1) Customer must promptly notify Manufacturer after Customer becomes aware that it has a defective Product, which in all events must be within thirty (30) days of Customer’s discovery of the defect and within the Warranty Period; and (2) Customer must provide detailed digital pictures and/or must return the defective Product to Manufacturer immediately thereafter and/or make the Product available to Manufacturer for inspection (at Manufacturer’s request/discretion), and in no event more than thirty (30) days after any notification provided in (1) above; and (3) Customer must insure the defective Product until Manufacturer receives and accepts it.  After Customer has taken the above steps, Manufacturer will evaluate the Product to determine if Customer’s warranty claim is valid and to determine what, if any, remedy is available to Customer.  Customer must return or make available all defective Products with complete documentation associated with the defective Product.

The Warranty shall be invalidated if: (1) damage to the Product is the result of misuse or abuse by Customer or any end user of the Product; or (2) if the Product has been modified by Customer or any end user of the Product; or (3) if any defects in the Products are caused as a result of Manufacturer following Customer’s specifications in manufacture that contain any problems, faults, errors, miscalculations, or discrepancies in the specifications.  If Manufacturer decides to repair or replace the defective Product, Manufacturer will ship the repaired or replaced Product (both, a “Repaired Product”) F.O.B. the shipping point and all of the provisions in this Warranty pertaining to the Products will apply to the Repaired Product, including but not limited to, the risk of loss provisions set forth above.  Notwithstanding the prior sentence, the Warranty Period for a Repaired Product will not be restarted, but instead will expire at the same time as though the Repaired Product was never a defective Product but rather the Product at all times.