PROPULSE LIMITED WARRANTY

Subject to the limitations stated herein, Schieffer Co. International, NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER
L.C., dba ProPulse (Seller) warrants that the products manufactured by ARISING OUT OF WARRANTIES, REPRESENTATIONS, INSTRUCTIONS,
Seller identified below shall be free from material defects in materials OR DEFECTS FROM ANY CAUSE. IN NO EVENT SHALL SELLER
and workmanship and shall perform the services for which they are BE LIABLE FOR OR OBLIGATED TO PAY ANY CONSEQUENTIAL,
intended when properly installed, under normal use, and under ordinary INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY
conditions, for: KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS. THIS LIMITED
WARRANTY EXTENDS ONLY TO BUYERS WHO PURCHASE SELLER’S
HYDRAULIC HOSE: A period of 365 days from the date of shipment of
PRODUCT(S) DIRECTLY FROM SELLER (“ORIGINAL PURCHASERS”),
the product to BUYER.
INCLUDING MANUFACTURERS, RETAILERS, DEALERS, DISTRIBUTORS
HIGH PRESSURE CLEANING HOSE: A period of 180 days from the AND WHOLESALERS. THIS LIMITED WARRANTY IS NOT ASSIGNABLE
shipment of the product to the BUYER. OR OTHERWISE TRANSFERRABLE BY THE ORIGINAL PURCHASER TO
Buyer must notify Seller in writing of a potentially defective product ANY OTHER PARTY. SELLER EXTENDS NO WARRANTY, EXPRESS OR
as soon as possible, which notice must provide the appropriate IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
marked date codes, part numbers of the product and a description OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
of the potential defect. Upon receipt of such notice, Seller shall, at its TO “CONSUMERS,” AS THAT TERM IS DEFINED IN THE MAGNUSON-
option and at its expense, examine such product at Seller’s factory or MOSS WARRANTY ACT (15 U.S.C. SECTIONS 2301 ET SEQ.) AND THE
such other location as Seller shall determine. Should Seller agree to a REGULATIONS PROMULGATED THEREUNDER. IN NO EVENT SHALL
return of the product, Buyer shall follow in every respect the packaging THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY
and transportation instructions provided by Seller. In no case shall a OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE
product be returned without first obtaining the permission of Seller. If a PERIOD PRESCRIBED HEREIN.
product is proven to the satisfaction of Seller to be defective, then Seller This Limited Warranty shall not apply to product failure or defect:
shall, at its option and at its expense, repair or replace such product or caused by external or internal abrasion, kinking, twisting, cutting,
reimburse Buyer for the price paid by Buyer for such product, and credit pulling, impact, use for the transfer or spray of flammable materials
will be issued to Buyer to offset the expense of the return shipment to (including solvents, petroleum, and gases of any kind), use with fluids
Seller for shipments within the continental United States. The cost of which exceed the product’s labeled pressure or temperature limits,
shipping to Buyer a repaired or replaced product shall be paid by Seller storm, fire, wind, accident, or similar casualty; where the product has
on the same shipping terms as the original shipment of such product been modified without the prior written authority of Seller; caused
to Buyer. Except as stated herein, Buyer shall assume all responsibility by installation or use of the product contrary to any instructions or
and expense for any dismantling, removal, reinstallation, and shipping specifications provided by Seller; caused by the improper installation,
in connection with this Limited Warranty, and no claims will be allowed use, application, maintenance, repair, transportation, handling, or
for labor, shipping, materials, incidental, consequential, or other costs storage of the product; caused by the fault or negligence of anyone
incident to the repair, replacement, or return of a product. other than Seller or any other act or event beyond the control of Seller.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED Seller makes no warranties as to any products or product parts or
BY SELLER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, components that are not manufactured by Seller, and such items may
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE be warranted only to the extent of the original manufacturer’s warranty,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A if any. The limitations of liability contained in this Limited Warranty shall
PARTICULAR PURPOSE AND THOSE ARISING BY OPERATION OF LAW, be effective without regard to Seller’s performance or failure or delay of
TRADE USAGE, OR COURSE OF DEALING. performance under any other term or condition of any trade customs,
warranty, or other agreement. No employee, representative, or agent
NOTWITHSTANDING THE FOREGOING, THERE ARE NO WARRANTIES
of Seller, nor any other person, has authority to assume or incur on
WHATSOEVER ON PRODUCTS BUILT OR ACQUIRED WHOLLY OR
behalf of Seller any liability, obligation, or responsibility in place of or in
PARTIALLY TO BUYER’S DESIGNS OR SPECIFICATIONS.
addition to this Limited Warranty.
SELLER’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT,
OR REIMBURSEMENT AS PROVIDED ABOVE, AND IN NO EVENT
SHALL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF THE
PRODUCT(S) INVOLVED. THIS LIMITED WARRANTY PROVIDES THE
EXCLUSIVE REMEDY AGAINST SELLER FOR CLAIMS RELATING
TO PRODUCTS, WHETHER IN CONTRACT, IN TORT (INCLUDING