Warranty

WARRANTY
NateCo LLC (“NateCo”) warrants (the “Express Warranty”) that its Product, but not any other
manufacturer’s product which is part of or sold in connection with NateCo’s Product and which are
warranted by said other manufacturer, will be free from defects in workmanship and material under
normal use and service for a period of ninety (90) days from the date of purchase (the “Warranty
Period”) by the Customer of the Product from NateCo. NateCo’s sole responsibility under the Express
Warranty shall be, at its sole option, either to repair or replace any Product which fails during the
Warranty Period as a result of a defect in workmanship or material, provided that the Customer
promptly reported such failure to NateCo in writing and complied with all other provisions of this
Express Warranty. This Express Warranty shall not apply to defects or damage caused by or in
connection with transportation, storage, installation, maintenance, internal or external hostile
environment, operation outside the limits of rated capacity, or improper use, shall not extend to any
portions or components of NateCo’s Product which is manufactured by a manufacturer other than
NateCo and warranted by said other manufacturer, and shall not accrue to the benefit of any person or
entity other than Customer.
EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, NATECO DISCLAIMS
ALL WARRANTIES WITH REGARD TO ITS PRODUCT, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,
IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE
OF PERFORMANCE OR ANY OTHER IMPLIED WARRANTIES; AND THE EXPRESS
WARRANTY STATED HEREIN IS IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE
PART OF NATECO FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE PRODUCT PURCHASED BY CUSTOMER.
NEITHER NATECO NOR ITS AFFILIATED COMPANIES SHALL BE LIABLE TO ANY
CUSTOMER, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), FOR (A) DAMAGE TO
OR LOSS OF OTHER PROPERTY OR EQUIPMENT, (B) LOSS OF PROFITS, REVENUE OR
GOODWILL, (C) LOSS OF USE OF PRODUCT, FACILITY, DATA OR RESEARCH STUDIES, (D)
EXPENSES ARISING FROM COSTS OF CAPITAL, COST OF PURCHASED OR REPLACEMENT
POWER OR TEMPORARY EQUIPMENT (INCLUDING ADDITIONAL EXPENSES INCURRED
IN USING EXISTING FACILITIES), (E) CLAIMS OF CUSTOMERS, EMPLOYEES OR ANY
OTHER PERSONS AFFILIATED, ASSOCIATED OR IN PRIVITY WITH CUSTOMER, OR (F) FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BY REASON OF
BREACH OF THE EXPRESS WARRANTY STATED HEREIN.
THE SOLE REMEDY OF CUSTOMER IS PURSUANT TO THE EXPRESS WARRANTY
STATED HEREIN, AND THE TOTAL LIABILITY OF NATECO FOR BREACH OF SAID
EXPRESS WARRANTY AND/OR FROM THE MANUFACTURE, SALE, DELIVERY,
INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY
PRODUCT FURNISHED TO CUSTOMER, WHETHER IN CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), SHALL NOT EXCEED THE SELLING PRICE OF THE PRODUCT
OR COMPONENT ON WHICH SUCH LIABILITY IS BASED.