User's Manual

US7,420,471; US8,169,335; US8,232,888; US5,939,986;

US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;

ZA2010/06816, ZA2010/09068 Patent Pending

3 Warranty

HIT-NOT® WARRANTY TERMS AND CONDITIONS

IMPORTANT-READ CAREFULLY: BY AND INSTALLING AND USING THE HIT-NOT

SYSTEM, YOU

ACKNOWLEDGE AND AGREE TO BE CONTRACTUALLY BOUND BY THESE WARRANTY TERMS AND

CONDITIONS. IF ANY OF THE TERMS OF USE ARE NOT ACCEPTABLE TO YOU, DO NOT INSTALL OR USE

THE HIT-NOT

SYSTEM.

THE HIT-NOT

SYSTEM IS SIMPLY A TOOL TO BE USED TO ASSIST YOU IN SAFELY OPERATING HEAVY

EQUIPMENT. THE HIT-NOT

SYSTEM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,

SAFE PRACTICES IN OPERATING HEAVY EQUIPMENT. YOUR USE OF THE HIT-NOT

SYSTEM IS SOLELY

AT YOUR OWN INDEPENDENT DISCRETION AND RISK. THE HIT-NOT

SYSTEM IS NOT GUARANTEED TO

PREVENT ACCIDENTS.

ACCEPTANCE AND DEFINITIONS.

(A) Acceptance of Terms. These Warranty Terms and Conditions (these “Terms”) are a legal

agreement between You, as a purchaser and end user of the System and Frederick Energy Products, LLC.

By installing the System or using the System in any way, You are (1) agreeing to be bound by these

Terms. If You do not agree with all these terms, do not use OR INSTALL the SYSTEM. YOU MUST

RETURN THE SYSTEM TO THE DEALER FROM WHICH YOU PURCHASED THE SYSTEM, IN ACCORDANCE

WITH THE DEALER’S POLICIES. This Agreement constitutes the entire and only agreement between FEP

and You and supersedes all prior or contemporaneous agreements, representations, warranties and

understandings with respect to the System, and the subject matter of this Agreement.

(B) Definitions. In this Agreement, “You” and “Your” refer to You as the user of the System. “FEP”

“we,” “us” and “our” refer to Frederick Energy Products, LLC and our successors, partners, affiliates,

subsidiaries and assigns. “System” refers to the Hit-Not

System purchased by You. “Terms” refers,

collectively, to these Warranty Terms and Conditions.

LIMITED WARRANTIES; DISCLAIMER.

(A) Limited Warranty. FEP hereby warrants against: (1) defects in the System, either in

workmanship or material, and (2) the failure of the System to conform to FEP’s written specifications,

for a period of one (1) year after date of delivery to You, in each case; provided that such System has

been under proper and normal use at all times during such period. All warranty claims under these

Terms must be submitted through the Dealer from which you purchased the System. FEP’s liability is

restricted to the replacement or repair of the defective or nonconforming parts alone and does not

include any installation, labor, or expense involved, or other contingent liability. Liability for any

components manufactured by third parties but incorporated into FEP Products to be furnished by FEP,

shall be limited to the guarantee or liability to FEP of the manufacturer or supplier of such components.

FEP is not liable for damages resulting from the use or misuse of the FEP Products.