Telescopic Waterway
Warranty

AMITY FIRE & SAFETY warrants Telescopic Waterway (each, a “Product”) against defects in materials and/or workmanship for a period commencing on the date of manufacture of such Product and ending on the tenth (10th) anniversary thereof (the “Warranty Period”) and will repair or replace, at the sole option of Amity Fire & Safety, free of charge, any warrantable product or part proven to be defective in material and/or workmanship. Normal in-service wear of internal components is not covered by this warranty. Products which are repaired pursuant to foregoing sentence (each a “Repaired Product”) are warranted by AMITY FIRE & SAFETY strictly pursuant to the terms of this Product Warranty; provided, however, that AMITY FIRE & SAFETY will warrant such Repaired Product against defective materials and/or workmanship only until the later of (i) the end of the Warranty period applicable to such Product included in the Repaired Product, or (ii) the ninetieth (90th) day form the date the repair service with respect to such Repaired Product is complete.

Authorization for return must be obtained, and such return must be shipped freight prepaid and include a complete explanation of the defect and circumstances of the incident. Defective parts must be returned to AMITY FIRE & SAFETY plant of origin within 30 days of authorization date. Should the claimed Product or Repaired Product not be found to be defective, re-test and review charges would be imposed prior to the return of the claimed Product or Repaired Product to the Original Equipment Manufacturer. If any defect attributable to AMITY FIRE & SAFETY under this limited warranty cannot be reasonably cured by repair or replacement, AMITY FIRE & SAFETY may elect to refund the purchase price of the equipment, less reasonable depreciation, in complete discharge of its obligations under this limited warrant. If AMITY FIRE & SAFETY makes this election, claimant shall return the Product or Repaired Product to AMITY FIRE & SAFETY free and clear of any liens and encumbrances.

This warranty becomes null and void when the Product or Repaired Product is disassembled, welded upon or in any way materially altered without prior approval by AMITY FIRE & SAFETY.

AMITY FIRE & SAFETY shall not be held responsible or liable for loss of time, cost, labor, material, loss of profits, direct or indirect damages caused by defective Products or Repaired Products, whether due to rights arising under purchase order, contract of sale or independently thereof, and whether or not such claim is based on contract, tort, or warranty.

This express warranty is the sole warranty for AMITY FIRE & SAFETY with respect to any Product or Repaired Product, as defined under terms of sale as stipulated on AMITY FIRE & SAFETY quotations.

EXCEPT AS SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMITY FIRE & SAFETY MAKES NO OTHER WARRANTIES FOR A PRODUCT OR REPAIRED PRODUCT AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND INCLUDING THE WARRANTY OF MERCHANTABILITY. IN NO CASE SHALL AMITY FIRE & SAFETY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCT, REPAIRED PRODUCT, OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES INCLUDING CUSTOMERS, INJURY TO PROPERTY AND, UNLESS PRECLUDED UNDER APPLICABLE STATE LAW, BODILY AND PERSONAL INJURY.