Common use of LIMITATION OF REMEDY Clause in Contracts

LIMITATION OF REMEDY. A. In the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, or refund the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defective. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With respect to Nitto’s non-compliance with any other obligation hereunder, the sole and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by Customerhereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.

LIMITATION OF REMEDY. A. In If, after SlateTec has been given a reasonable opportunity to access the event Project and investigate the claimed defect and SlateTec determines that the installation conforms to recommended application standards provided by SlateTec and the slate has been properly nailed in place using recommended National Roofing Contractors Association (“NRCA”) standard for fastening natural slate, and SlateTec determines that the slate or Interlayment do not comply with the terms of a this Limited Warranty, then SlateTec shall, at its sole option, replace the slate, or Interlayment or re-perform any defective services determined to be in breach of this Limited Warranty. If it elects to replace the guarantee slate or warranty set forth in Section 6 hereinInterlayment, SlateTec shall not be liable for any labor costs. Buyer acknowledges and agrees that such repair, replacement, or reperformance shall be Buyer’s sole and exclusive remedy, and the sole and total liability of SlateTec to Buyer, for any and all claims, losses, injuries, expenses, or damages, arising out of or related to this Limited Warranty. SlateTec shall not be responsible for, and shall bear no liability for, the exclusive remedy costs and expenses of Customer and any labor or material costs associated with repairing the exclusive obligation of Nitto will space or work surrounding or adjacent to the repaired or replaced slate or Interlayment. The repaired or replaced slate or SLATETEC INC. Representative Interlayment provided pursuant to this Limited Warranty shall be as Nitto elects: subject to repair, replace, or refund this Limited Warranty only for the full price remainder of the product within a reasonable period original Warranty Period, but shall not extend the Warranty Period. If SlateTec provides any of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described remedies identified in Section 6 – Customer can provide such notice by emailing this paragraph, then ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇▇ agrees that the limitation of remedy shall not have failed of its essential purpose. No shipments In no event shall SlateTec and its affiliates, officers, directors, employees, and agents be liable for any consequential, incidental, indirect, special, exemplary or punitive damages (including, but not limited to, loss of returned products will be accepted without an RMA number. Repairactual or anticipated profits, replacementrevenues or product; loss by reason of shutdown or non-operation of the Project; increased expense of operation of the Project, borrowing or financing; loss of tax credits or favorable tax treatment; loss of use or productivity), regardless of whether any such claim arises out of breach of contract or warranty, tort, negligence, product liability, misrepresentation, indemnity, contribution, strict liability, equity, or refund any other legal theory. In no event shall SlateTec be liable to Buyer for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities in excess of an amount equal to fifty percent (50%) of the products returned amount paid to Nitto as specified above will occur only after Nitto has received SlateTec related to the returned productslate or Interlayment regardless of whether such liability arises out of breach of contract, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereunderwarranty, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defective. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIALtort, INCIDENTALnegligence, OR SPECIAL DAMAGES (INCLUDINGproduct liability, WITHOUT LIMITATIONindemnity, LOSS OF REVENUES OR PROFITScontribution, LOSS OF USEmisrepresentation, COST OF REPLACEMENTstrict liability, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion equity or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With respect to Nitto’s non-compliance with any other obligation hereunder, the sole and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by Customerhereunderlegal theory. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.

LIMITATION OF REMEDY. A. In the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, or refund the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defective. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With respect to Nitto’s non-compliance with any other obligation hereunder, the sole and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by Customerhereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.year

LIMITATION OF REMEDY. A. In the event of a Product fails to perform substantially as warranted, Altair's sole and exclusive liability and Customer's only remedies for breach of the guarantee or warranty set forth in Section 6 hereinforegoing Warranty shall be, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: at Altair's sole discretion, to repair, replacehave repaired or replace with a functional equivalent each Product or portion thereof found to be defective, provided that: (i) Customer complies with the warranty procedures contained in Section 4 below and returns, at Customer’s expense, the Product that Customer considers defective for examination and testing, provided that if warranty coverage is applicable, Altair shall promptly reimburse Customer for all such costs of shipping. If warranty coverage is not applicable then Customer shall timely direct Altair to either repair the Product, return it to Customer, or refund the full price dispose of the product Product all at Customers expense, such expense to be paid by Customer to Altair within a reasonable period thirty (30) days of time less shipping the invoice date therefor. If Customer fails to so direct Altair within thirty (30) days of being advised that warranty coverage does not apply, then Altair may choose any of the noted options and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. ▇ Customer will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defectivethereof. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL(ii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the Product has been modified or altered in any manner after it was originally shipped by Altair to the Customer; (iii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the alleged defect in the Product does not exist or was caused by Customer or by a third person's misuse, INCIDENTALneglect, OR SPECIAL DAMAGES improper installation or testing, unauthorized attempts to repair or any other cause beyond the range of intended use, or by accident, fire or other hazard; (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTSiv) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do Altair shall not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With be liable under any Warranty under this Agreement with respect to Nitto’s non-compliance with any other obligation hereunderProduct that is damaged as a result of being returned in a container that is not, or is not functionally similar, to the sole original shipping container; and (v) If Altair testing and exclusive remedy of the examination does not disclose a defect warranted under this Agreement, Altair shall so advise Customer and Customer shall reimburse Altair for its expense in testing and examining such Product calculated at the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by CustomerhereunderAltair standard rate. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.

LIMITATION OF REMEDY. A. In the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, repair or refund replace the full price of the defective product within a reasonable period of time less shipping and handling chargestime. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇6. No shipments of returned products will be accepted without an RMA number. Repair, replacement, Repair or refund for replacement of the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defective.products B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With respect to Nitto’s non-compliance with any other obligation hereunder, the sole and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by CustomerhereunderCustomer hereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.

LIMITATION OF REMEDY. A. In the event of a Product fails to perform substantially as warranted, or has any material defect in material or workmanship, Altair's sole and exclusive liability and Customer's only remedies for breach of the guarantee or warranty set forth in Section 6 hereinforegoing Warranty shall be, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: at Altair's sole discretion, to repair, replacehave repaired or replace with a functional equivalent each Product or portion thereof found to be defective, or refund provided that: (i) Customer complies with the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described warranty procedures contained in Section 6 – 4 below and returns, at Customer’s expense, the Product that Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund considers defective for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, examination and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereundertesting, provided that if warranty coverage is applicable, Altair shall promptly reimburse Customer will for all such costs of shipping. If warranty coverage is not applicable then Customer shall timely direct Altair to either repair the Product, return it to Customer, or dispose of the Product all at Customer’s expense, such expense to be reimbursed paid by Nitto only Customer to Altair within thirty (30) days of the invoice date therefore. If Customer fails to so direct Altair within thirty (30) days of being advised that warranty coverage does not apply, then Altair may choose any of the noted options and b▇▇▇ Customer for the cost of transportation to Nitto of those products returned which Nitto determines to be defectivethereof. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL(ii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the Product has been modified or altered in any manner after it was originally shipped by Altair to the Customer; (iii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the alleged defect in the Product does not exist or was caused by Customer or by a third person's misuse, INCIDENTALneglect, OR SPECIAL DAMAGES improper installation or testing, unauthorized attempts to repair or any other cause beyond the range of intended use, or by accident, fire or other hazard; (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTSiv) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do Altair shall not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With be liable under any Warranty under this Agreement with respect to Nitto’s non-compliance with any other obligation hereunderProduct that is damaged as a result of being returned in a container that is not, or is not functionally similar, to the sole original shipping container; and (v) If Altair testing and exclusive remedy of the examination does not disclose a defect warranted under this Agreement, Altair shall so advise Customer and Customer shall reimburse Altair for its expense in testing and examining such Product calculated at the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by CustomerhereunderAltair standard rate. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.

LIMITATION OF REMEDY. A. In the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, or refund the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇-▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto of those products returned which Nitto determines to be defective. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With respect to Nitto’s non-compliance with any other obligation hereunder, the sole and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by CustomerhereunderCustomer hereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.year

LIMITATION OF REMEDY. A. In 4.1 Any claimed defect is subject to GNB inspection and judgment, after the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, or refund the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) Covered Charger has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received a GNB-authorized service center. If a Covered Charger is found to be defective by GNB, this Limited Warranty provides the returned productfollowing coverage: For Users in the United States of America, reviewed the reasons for return, Canada and determined that the returned goods breached the guarantee Puerto Rico; Years 1 through 3 Repair or warranty set forth in Section 6replacement of any defective parts only. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer GNB will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto replacement parts and any related labor charges. Years 4 through 5 Repair or replacement of those products returned which Nitto determines to be defectiveany defective parts only. GNB will bear the cost of replacement parts only. The User is responsible for any labor charges. Years 6 through 10 Repair or replacement of defective power transformer only. GNB will bear the cost of the replacement part. The User is responsible for all other parts, and labor charges. For Users in all other countries; Year 1 Repair or replacement of any defective parts only. GNB will bear the cost of replacement parts and any related labor charges. B. IN NO EVENT WILL NITTO 4.2 Replaced and/or repaired parts will be warranted for a period of ninety (90) days from the date the Covered Charger is returned to the User. 4.3 GNB AND ITS AUTHORIZED REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT OR INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL DAMAGES. In no event shall the User be entitled to recover for contingent expenses resulting from, OR SPECIAL DAMAGES (INCLUDINGbut not limited to, WITHOUT LIMITATIONtelephone calls, LOSS OF REVENUES OR PROFITStelegrams, LOSS OF USEtravel expenses, COST OF REPLACEMENTlodging, COST OF CAPITAL AND CLAIMS OF CUSTOMERSfreight, INTEREST CHARGESduties and taxes, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENTlabor, rental or replacement equipment, loss of business or profits or other commercial losses. This Limited Warranty sets forth the exclusive remedies of User for all claims in relation to a Covered Charger. Some jurisdictions states do not allow the exclusion or limitation of incidental or consequential or incidental damages, so the above limitation or this exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. C. With respect to Nitto’s non-compliance with any other obligation hereunder4.4 Except as otherwise expressly provided in this Limited Warranty, the sole all transportation and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such handling charges as were previously paid to Nitto by Customerhereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer incurred in connection with Nitto’s performance hereunder must be commenced shipment of the Covered Charger to the GNB service center and the return shipment of the Covered Charger are the responsibility of the User. GNB will bear costs for shipment of a returned or repaired Covered Charger if the Covered Charger is returned for warranty service within one year after such cause 12 months of action occurs or will be deemed waivedthe initial shipment date of the Covered Charger from the GNB factory.

LIMITATION OF REMEDY. A. In 4.1 Any claimed defect is subject to GNB inspection and judgment, after the event of a breach of the guarantee or warranty set forth in Section 6 herein, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: to repair, replace, or refund the full price of the product within a reasonable period of time less shipping and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) Covered Charger has been issued by Nitto. Such authorization will be issued after Nitto receives the notice described in Section 6 – Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund for the products returned to Nitto as specified above will occur only after Nitto has received a GNB-authorized service center. If a Covered Charger is found to be defective by GNB, this Limited Warranty provides the returned productfollowing coverage: For Users in the United States of America, reviewed the reasons for return, Canada and determined that the returned goods breached the guarantee Puerto Rico; Years 1 through 5 Repair or warranty set forth in Section 6replacement of any defective parts. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer GNB will bear all expenses and all risk of loss in connection with the return of any products hereunder, provided that Customer will be reimbursed by Nitto only for the cost of transportation to Nitto replacement parts and any related labor charges. Years 6 through 10 Repair or replacement of those products returned which Nitto determines to be defectivedefective power transformers of 60Hz chargers. GNB will bear the cost of replacement parts and any related labor charges. For Users in all other countries; Year 1 Repair or replacement of any defective parts only. GNB will bear the cost of replacement parts and any related labor charges. B. IN NO EVENT WILL NITTO 4.2 Replaced and/or repaired parts will be warranted for a period of ninety (90) days from the date the Covered Charger is returned to the User. 4.3 GNB AND ITS AUTHORIZED REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIALDIRECT OR INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL DAMAGES. In no event shall the User be entitled to recover for contingent expenses resulting from, OR SPECIAL DAMAGES (INCLUDINGbut not limited to, WITHOUT LIMITATIONtelephone calls, LOSS OF REVENUES OR PROFITStelegrams, LOSS OF USEtravel expenses, COST OF REPLACEMENTlodging, COST OF CAPITAL AND CLAIMS OF CUSTOMERSfreight, INTEREST CHARGESduties and taxes, OR ANY INCREASED COSTS) WHICH ARISE IN CONNECTION WITH THIS AGREEMENTlabor, rental or replacement equipment, loss of business or profits or other commercial losses. This Limited Warranty sets forth the exclusive remedies of User for all claims in relation to a Covered Charger. Some jurisdictions states do not allow the exclusion or limitation of incidental or consequential or incidental damages, so the above limitation or this exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. C. With respect to Nitto’s non-compliance with any other obligation hereunder4.4 Except as otherwise expressly provided in this Limited Warranty, the sole all transportation and exclusive remedy of the Customer and the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such handling charges as were previously paid to Nitto by Customerhereunder. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer incurred in connection with Nitto’s performance hereunder must be commenced shipment of the Covered Charger to the GNB service center and the return shipment of the Covered Charger are the responsibility of the User. GNB will bear costs for shipment of a returned or repaired Covered Charger if the Covered Charger is returned for warranty service within one year after such cause 12 months of action occurs or will be deemed waivedthe initial shipment date of the Covered Charger from the GNB factory.

LIMITATION OF REMEDY. A. In the event of a Product fails to perform substantially as warranted, or has any material defect in material or workmanship, Altair's sole and exclusive liability and Customer's only remedies for breach of the guarantee or warranty set forth in Section 6 hereinforegoing Warranty shall be, the exclusive remedy of Customer and the exclusive obligation of Nitto will be as Nitto elects: at Altair's sole discretion, to repair, replacehave repaired or replace with a functional equivalent each Product or portion thereof found to be defective, or refund provided that: (i) Customer complies with the full price warranty procedures contained in Section 4 of the product within a reasonable period of time less shipping Agreement and handling charges. Return of products to Nitto is allowed only after a Return Material Authorization Number (RMA) has been issued by Nitto. Such authorization will be issued after Nitto receives returns, at Customer’s expense, the notice described in Section 6 – Product that Customer can provide such notice by emailing ▇▇▇▇▇▇▇.▇▇@▇▇▇▇▇.▇▇▇. No shipments of returned products will be accepted without an RMA number. Repair, replacement, or refund considers defective for the products returned to Nitto as specified above will occur only after Nitto has received the returned product, reviewed the reasons for return, examination and determined that the returned goods breached the guarantee or warranty set forth in Section 6. Surface transportation will be used for transportation of returned products unless Nitto authorizes the use of some other mode of transportation. Customer will bear all expenses and all risk of loss in connection with the return of any products hereundertesting, provided that if warranty coverage is applicable, Altair shall promptly reimburse Customer will for all such costs of shipping. If warranty coverage is not applicable then Customer shall timely direct Altair to either repair the Product, return it to Customer, or dispose of the Product all at Customer’s expense, such expense to be reimbursed paid by Nitto only Customer to Altair within thirty (30) days of the invoice date therefore. If Customer fails to so direct Altair within thirty (30) days of being advised that warranty coverage does not apply, then Altair may choose any of the noted options and b▇▇▇ Customer for the cost of transportation to Nitto of those products returned which Nitto determines to be defectivethereof. B. IN NO EVENT WILL NITTO BE LIABLE FOR ANY CONSEQUENTIAL(ii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the Product has been modified or altered in any manner after it was originally shipped by Altair to the Customer; (iii) Altair shall not be liable under this Warranty if testing and examination by Altair discloses that the alleged defect in the Product does not exist or was caused by Customer or by a third person's misuse, INCIDENTALneglect, OR SPECIAL DAMAGES improper installation or testing, unauthorized attempts to repair or any other cause beyond the range of intended use, or by accident, fire or other hazard; (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF USE, COST OF REPLACEMENT, COST OF CAPITAL AND CLAIMS OF CUSTOMERS, INTEREST CHARGES, OR ANY INCREASED COSTSiv) WHICH ARISE IN CONNECTION WITH THIS AGREEMENT. Some jurisdictions do Altair shall not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. C. With be liable under any Warranty under this Agreement with respect to Nitto’s non-compliance with any other obligation hereunderProduct that is damaged as a result of being returned in a container that is not, or is not functionally similar, to the sole original shipping container; and (v) If Altair testing and exclusive remedy of the examination does not disclose a defect warranted under this Agreement, Altair shall so advise Customer and Customer shall reimburse Altair for its expense in testing and examining such Product calculated at the sole and exclusive obligation of Nitto will be as Nitto in its discretion, will elect to cure such non-compliance within a reasonable period of time or, if Nitto fails to cure such non-compliance, Customer’s recovery of any equitable amount not to exceed such charges as were previously paid to Nitto by CustomerhereunderAltair standard rate. D. Customer’s remedies expressly set forth herein are Customer’s exclusive remedies in connection herewith. Customer waives all other remedies, statutory or otherwise including, without limitation, the remedies of specific performance or replevin. Any action brought by Customer in connection with Nitto’s performance hereunder must be commenced within one year after such cause of action occurs or will be deemed waived.