
Tulsa Winch Limited Warranty Effective 8/1/2008
SUPERSEDES ALL PRIOR WARRANTIES
Sellerwarrants that each article(whetherGear DriveProducts, BrakeProducts and/or Winch Products, all of which arecoveredhereunder)soldunder
this order shall atthetimeof shipment(i) conform toapplicablespecifications, and (ii) befreefromdefects inmaterial and workmanshipduringnormal
and ordinary use and service (the "Warranty").
Buyer's exclusiveremedyandSeller's soleobligationunder this Warrantyshallbe, at Seller's option, torepairorreplaceanyarticleor partthereofwhich
has proventobedefective, or torefundthepurchasepriceof such articleor part thereof. Buyer acknowledges thatBuyer is knowledgeableconcerning
thearticles coveredbythis Warrantyandsoldin connectiontherewith whicharebeing purchased,that Buyerhas reviewedthis Warrantyandthatthe
remedies provided hereunder are adequate and acceptable to Buyer.
This Warrantyshall expire one (1) year from the date the article is first shipped bySeller. Noticeof claimed breach of thisWarrantymust begiven by
Buyer toSellerwithin theapplicableperiod. Such notice shallincludean explanationof theclaimedwarrantydefect and proof ofdateof purchaseof the
articleorpart thereof for which warrantycoverageis sought. No allowances shallbemadebySeller foranytransportation, laborcharges,parts,"inand
out" costs, adjustments or repairs, or anyother work, unless such items areauthorized in writing and in advance bySeller. Nor shall Seller have any
obligation to repair or replace items which by their nature are expendable.
If anarticleis claimedto bedefectivein material or workmanship,or nottoconformtotheapplicablespecifications, Seller willeitherexaminethearticle
at Buyer's site or issue shipping instructions for return to Seller. This Warranty shall not extend to any articles or parts thereof which have been
installed, used, or servicedotherwisethan in conformitywithSeller's applicablespecifications, manuals, bulletins, orinstructions, or which shallhave
been subjected to improper installation, operation, or usage, misapplication, neglect, incorrect installation, overloading, or employment for other than
normal and ordinary use and service. This Warrantyshall not applyto any articlewhich has beenrepaired, alteredordisassembled, or assembled by
personnel other than thoseof Seller. This Warrantyshallnot applytoanyarticleuponwhich repairs or alterations have been made(unless authorized
in writing and in advance bySeller). This Warrantyshall not applyto any articles or parts thereof furnished bySeller toBuyer's specifications and/or
furnished by Buyer or acquired from others at Buyer's request.
SELLER MAKES NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIESOFANYKIND, OTHERTHANTHEWARRANTYEXPRESSLY
SET FORTH ABOVE. SUCH WARRANTY IS EXCLUSIVE AND IS MADE AND ACCEPTED IN LIEU OF ANY AND ALLOTHERWARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Buyer expressly agrees that Seller is not responsible to perform any work or investigation related in any way to torsional vibration issues and is not
responsiblefor thedetection or remedy of Natural Frequency Vibration of the mechanical system in which the unit is installed. Buyeracknowledges,
understands and agrees that this Warrantydoes not cover failures of theunit which result in any manner from the operation of the machine or unitat
vibrationfrequencies at or near the natural frequencyvibration of themachinein such awaythat damagemayresult. Buyer expresslyagrees thatSeller
is notresponsiblefor failuredamageoracceleratedwear caused bymachineorambient vibration. Further, BuyeracknowledgesandagreesthatBuyer
is always solely responsible for determination and final approval of the “application factor”which may be used in Seller’s calculations, and this
application factor is 1.0 unless otherwise stated in Seller’s quotation specifications.
The remedies for this Warranty shall beonly thoseexpressly set forth above, to theexclusion of any and all other remedies of whatsoever kind. The
limited remedies set forth above shall bedeemedexclusive,even though theymayfail their essentialpurpose. No agreement varyingorextending the
foregoing Warranty, remedies, exclusions, or limitations shall beeffectiveunless in a writing signed byan executiveofficer of Seller and Buyer. This
Warrantyis non-transferable. If apartywhohadpurchasedarticlesfromBuyer, or frompersons inprivitywith Buyer,brings anyaction or proceeding
against Seller for remedies other than those set forth in this Warranty, Buyer agrees to defend Seller against the claims asserted in such action or
proceedingatBuyer’s expense, includingthepayment of attorneys’fees andcosts, andindemnifySeller and hold Seller harmlessof, fromandagainst
all such claims, actions, proceedings or judgments therein. Buyer also agrees to defend and indemnify Seller of, from and against any loss, cost,
damage,claim, debt or expenses, including attorneys’fees, resulting fromanyclaims byBuyeror third parties topropertyor injurytopersons resulting
from faulty installation, repair or modification of the article and misuse or negligent operation or use of the article, whether or not such damage to
propertyorinjurytopersons maybecausedbydefective material,workmanship, or construction. ADVISORY: Winches andhoists arenot approved
for lifting or handling personnel or persons unless specifically approved in writing from Seller for the specific intended application.
Under no circumstances shall Seller be liable (i) for anydamage or loss toanyproperty other than thewarranted article or part thereof, or (ii) for any
special, indirect, incidental, or consequential damageor loss, even though such expenses, damages, or losses may be foreseeable.
The foregoing limitations on Seller's liabilityin theevent of breach of warranty shall also be theabsolutelimitof Seller's liability in theevent of Seller's
negligencein manufacture, installation, or otherwise, with regard tothearticles coveredbythis Warranty, and at theexpirationoftheWarrantyperiodas
above stated, all such liabilities shall terminate. Buyer’s purchase of any article(s) covered by this Warrantyshall constitute acceptanceof the terms
andconditions hereof and shall bebinding upon Buyer and Buyer’s representatives, heirs and assigns. Thelaws of theStateofOklahomashallgovern
Buyer’s rights and responsibilities in regard to this Warrantyand the transaction(s) subject thereto, and theState of Oklahomashallbetheexclusive
forum and jurisdiction for any action or proceedings brought by Buyer in connection herewith or any dispute hereunder. If any of the terms and
conditions contained within this Warranty are void, the remaining provisions thereof are and shall remain valid and enforceable.
Note: Prices and specifications contained in this price book are subject to change without notice.