LIMITED (Six (6) Month) WARRANTY

Coverage

Elesa S.p.A. (“WARRANTOR”) warrants that any PRODUCT manufactured and/or sold by WARRANTOR will be free from defects in material and workmanship for a period of six (6) months from the date of shipment of the PRODUCT. The Limited Warranty is referred to herein as “the Limited Warranty.”

The PURCHASER’s sole and exclusive remedy under this Limited Warranty for defects in the PRODUCT shall be the repair, replacement or refund of the purchase price of the PRODUCT, in WARRANTOR’s sole discretion, of the defective PRODUCT, or components thereof.

Warranty not offered to consumers

PRODUCT is intended for resale as a component part in original equipment manufactured by an entity other than WARRANTOR (hereinafter referred to as a “THIRD PARTY MANUFACTURER”). As such, there is no direct sale of any PRODUCT to “Consumers” as defined by the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) and no warranty is offered to any consumer.

Not covered

This Limited Warranty also does not apply to, and WARRANTOR shall have no liability or responsibility in respect of, damages or expenses relating to:

- The failure to properly store, transport, install or use the PRODUCT as, for example, on WARRANTOR’s website, or in accordance with any applicable laws, codes, regulators or standards;

- Improper specification or application of the PRODUCT as a component in a different or larger mechanism;

- Any PRODUCT purchased from any entity other than WARRANTOR;

- Alteration, change or modification of the PRODUCT, including its subcomponents, parts or assemblies;

- Cosmetic issues, such as scratches, chips or color deviations;

- Any defects in or improper performance of the PRODUCT as a result of the THIRD PARTY MANUFACTURER’s specifications in a different or larger mechanism. WARRANTOR also makes no warranty that a PRODUCT does not infringe the intellectual property or other proprietary rights of any third party, and the THIRD PAR- TY MANUFACTURER is solely responsible for assuring that such PRODUCT does not so infringe. The THIRD PARTY MANUFACTURER will defend and indemnify WARRANTOR from any such third-party claims;

- Accidents, misuse, abuse, abnormal use, improper use, negligent use, wilful misconduct, or use exceeding the recommended and permitted limits of the PRODUCT, and/or normal wear or deterioration caused by the use of the PRODUCT;

- Any defect or non-conformity that has not been timely and promptly communicated in writing to WARRANTOR as set forth herein;

- Any damage, cost or expense caused by Act of God any other event beyond the control of WARRANTOR; or

- Loss of time, loss of use, inconvenience, loss of profits, lost business, lost business opportunities, damage to reputation, goodwill and any incidental or consequential damages arising out of or relating to the PRODUCT or any different or larger mechanism in which the PRODUCT is installed, or other matters not specifically covered hereunder.

Procedure

Upon delivery, the THIRD PARTY MANUFACTURER shall, within five (5) business days, inspect the PRODUCT for conformity and visible defects. The THIRD PARTY MANUFACTURER shall give WARRANTOR immediate written, specific and detailed notice of any non-conformities or defects regarding the PRODUCT. Upon receipt of the written notice of claim, WARRANTOR shall have the right (but not the obligation) to inspect the PRODUCT. In the event of a defect covered by this Limited Warranty, WARRANTOR will, at WARRANTOR’s discretion, repair or replace the PRODUCT or any component of the PRODUCT or refund the purchase price for that particular PRODUCT.

In the event the THIRD PARTY MANUFACTURER submits a warranty claim that, in the sole reasonable discretion of the WARRANTOR, is unfounded, the THIRD PARTY MANUFACTURER shall reimburse the WARRANTOR all reasonable costs incurred by the WARRANTOR in evaluating the warranty claim (i.e. travel, lodging, expert evaluations, etc.). WARRANTOR must approve, in advance and in writing, all repairs or replacements covered under or performed pursuant to this Limited Warranty. Any warranty repairs or service must be performed exclusively by WARRANTOR or other authorized representative of WARRANTOR or by another servicing facility pre-approved in writing by WARRANTOR. Acceptance of any Limited Warranty claim is not an admission that any PRODUCT or any of its component parts are defective. The THIRD PARTY MANUFACTURER forfeits any rights it may have under this Limited Warranty if the THIRD PARTY MANUFACTURER does not follow the procedure described herein.

All requests and notices under this Limited Warranty shall be directed to:

Limitation of damages

Except as expressly provided by this Limited Warranty, WARRANTOR SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OR NON-USE OF THE PRODUCT OR DIFFERENT OR LARGER MECHANISM WITH WHICH THE PRODUCT IS USED, OR A CLAIM UNDER THIS LIMITED WARRANTY, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE . The foregoing statements of warranty are exclusive and in lieu of all other remedies or damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. This Limited Warranty shall be the sole and exclusive remedy available to the THIRD PARTY MANUFACTURER with respect to this PRODUCT. In the event of any alleged breach of any warranty or any legal action brought by the THIRD PARTY MANUFACTURER, based on breach of warranty, alleged negligence or other tortious conduct by WARRANTOR, the THIRD PARTY MANUFACTURER sole and exclusive remedy will be the repair or replacement of any defective PRODUCT as stated herein. In no event shall the liability of the WARRANTOR exceed the purchase price of the particular PRODUCT that allegedly failed.

The THIRD PARTY MANUFACTURER will defend, indemnify and hold harmless the WARRANTOR from any third-party claims relating arising out of any allegation that the different or larger machinery in which the PRODUCT is installed was defective in any way, expect for those claims specifically alleging that a defect in the PRODUCT caused the failure of the different or larger machinery.

Disclamer

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN WARRANTY. This Limited Warranty shall be the sole and exclusive remedy available to the THIRD PARTY MANUFACTURER with respect to this PRODUCT. In the event of any alleged breach of any warranty or any legal action brought by the THIRD PARTY MANUFACTURER based on alleged negligence or other tortious conduct by WARRANTOR, the THIRD PARTY MANUFACTURER’S sole and exclusive remedy will be repair or replacement of defective materials or refund of the purchase price, as stated herein.

Transfer of limited warranty

This warranty is made by WARRANTOR with only first the THIRD PARTY MANUFACTURER of the PRODUCT and does not extend to any subsequent purchaser or any third parties. The unexpired portion of this Limited Warranty may not be transferred to any entity. Warranties offered by THIRD PARTY MANUFACTURER to subsequent consumers shall not be enforceable against WARRANTOR and WARRANTOR assumes no liability for any such warranty.

Applicable law

This Limited Warranty shall be deemed to have been negotiated and entered into in New York, New York. The parties expressly acknowledge and irrevocably agree that any and all claims or disputes arising out of or otherwise relating to this Limited Warranty shall be decided by binding arbitration administered by the American Arbitration Association pursuant to Commercial Industry Rules in effect as of the date of this Limited Warranty, to the exclusion of any courts of any place, except as necessary for the enforcement of arbitration rights, and without giving effect to the United Nations Convention regarding contracts for the International Sale of Goods (which the parties expressly waive). The Locale for any such arbitration shall be New York, New York. The THIRD PARTY MANUFACTURER expressly waives any provision of law in the jurisdiction in which the THIRD PARTY MANUFACTURER is located or any other potentially applicable law which conflicts with any provision of this Limited Warranty at any time.

Other rights

The THIRD PARTY MANUFACTURER’s acceptance of delivery of The PRODUCT constitutes its acceptance of the terms of this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any term or provision of this Limited Warranty is invalid or unenforceable under any local, state, or federal law, statute, judicial decision, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule and the remaining provisions of this Limited Warranty shall remain in full force and effect.

Entire agreement

This document alone contains the entire Limited Warranty given by WARRANTOR in respect of the PRODUCT. Nothing in WARRANTOR’s product literature, marketing materials, advertisements and technical specifications expand or enlarge the scope of this Limited Warranty. There are no terms, promises, conditions or warranties regarding the PRODUCT other than those expressly contained herein. WARRANTOR specifically does not authorize any person, including but not limited to any dealer or other agent or employee of WARRANTOR, to extend the time, scope, terms or conditions of this Limited Warranty or to create or assume for WARRANTOR any other obligation or liability with respect to the PRODUCT or other products designed, manufactured or sold by WARRANTOR. All terms of this Limited Warranty are contractual and not mere recitals, and constitute material terms of this Limited Warranty. It is agreed and acknowledged that the provisions of this Limited Warranty allocate the risks between WARRANTOR and the THIRD PARTY MANUFACTURER, that WARRANTOR’s pricing reflects this allocation of risk, and but for this allocation and limitation of liability, WARRANTOR would not have entered into this Limited Warranty.

Certificate of conformity

We hereby certify under our sole responsibility that all products supplied by Elesa S.p.A. have been inspected and tested in accordance with the procedures of the Quality System (as per the ISO 9001 Quality Management Systems, the ISO 14001 Environmental Management Systems, the ISO 45001 Occupational Health and Safety Management Systems and ISO 27001 – Information Security Management System) and are in conformity in all respects to all applicable standards and normative specification(s) as well as the specification(s) contained in this catalogue. The Technical Construction File and all other documents relating to compliance to the applicable standards are maintained at:

The products covered by this Certificate of Conformity must not be put into service until the machinery into which it is to be incorporated has been declared in conformity with the provisions of the applicable Directive(s).

Date of issue as on the original document.

The original of this certificate of conformity is signed by an authorized person and kept at: