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<br />
<br />22619780v9
<br />only, applies only to the first Purchaser during the twenty-four-month warranty period, and may not be transferred to or enforced by
<br />any other party. Components other than those manufactured by BAUER are addressed in Paragraph (f) under “Warranty Exclusions”
<br />below. IT IS THE PURCHASER’S RESPONSIBILITY TO START UP THE PRODUCT AND VERIFY PROPER OPERATION OR IDENTIFY ANY
<br />DEFICIENCIES WITHIN THE NINETY-DAY PERIOD.
<br />(b) Parts: BAUER warrants that, for a period of NINETY (90) DAYS from date of shipment from BAUER, BAUER parts shall be free of
<br />defects in both material and workmanship. This warranty is specific to BAUER parts and applies only to the first Purchaser during the
<br />ninety (90) day warranty period and may not be transferred to or enforced by any other party.
<br />(c) Services: BAUER warrants that its services shall be provided in a professional and workmanlike manner and further warrants
<br />the workmanship for ninety (90) days following any service or installation job.
<br />(d) Warranty Service: If, in the sole judgment of BAUER or its designated representative, the products or services do not conform
<br />to the applicable drawings and specifications approved in writing by BAUER, or are found to be defective in material or workmanship,
<br />within the applicable warranty period, BAUER will, at its option, either: (a) repair or replace the products; (b) furnish a service
<br />representative on site to correct the defects with the product or services; or (c) refund the purchase price of the products or services
<br />to the Purchaser.
<br />(e) Obtaining Service: To obtain warranty service, Purchaser should contact BAUER directly at Bauer Compressors, Inc., 1328
<br />Azalea Garden Road, Norfolk, Virginia 23502; Phone (757) 855-6006; Telefax (757) 855-8654. BAUER may, at its option, refer
<br />Purchaser to a BAUER designated representative, such as an authorized distributor, or provide Purchaser with authorized instructions
<br />to return the product to BAUER for assessment. Any product shipped to BAUER pursuant to BAUER’s authorized return instructions
<br />shall be shipped to BAUER FOB at the address above or as otherwise specified by BAUER. All return freight charges incurred shall be
<br />the sole responsibility of the Purchaser.
<br />Warranty Exclusions: This warranty does not cover or shall be void with respect to the following:
<br />(a) Any product for which the Purchaser has not submitted to BAUER a start-up/warranty registration form within NINETY (90) DAYS
<br />of the start-up of such product.
<br />(b) Any product which Purchaser fails to ship to BAUER within thirty (30) days of receipt of BAUER’s authorized return instructions
<br />after submitting a written warranty claim to BAUER.
<br />(c) Any defective or damaged products, parts or components resulting directly or indirectly from the use of repair or replacement
<br />parts, including filter and separator elements or oil, not manufactured or approved by BAUER, or from Purchaser’s failure to store,
<br />maintain, and operate the product according to recommendations contained in the INSTRUCTION MANUAL AND REPLACEMENT
<br />PARTS LIST included with the product.
<br />(d) Any product for which Purchaser does not have a service record book showing that regular maintenance work has been carried
<br />out utilizing Genuine Bauer Components. BAUER or its designated representative may require proof of maintenance prior to
<br />rendering any decision on the validity of a warranty request.
<br />(e) Any alleged product defect resulting from deterioration or wear occasioned by chemical and/or abrasive action, excessive
<br />temperature or abuse.
<br />(f) Any third-party products, software, component parts or assemblies contained in, incorporated in, attached to or packaged with
<br />BAUER products. Third party products, software, component parts and assemblies will be covered only as specified in the respective
<br />manufacturers’ warranties, which will be provided to the Purchaser. Further, BAUER shall have no responsibility for any cost or
<br />expense incurred by the Purchaser due to the inability of BAUER to repair any product, software, component part or assembly under
<br />said third-party manufacturer warranty.
<br />(g) For avoidance of doubt, BAUER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY
<br />PRODUCT, SOFTWARE, COMPONENT PART OR ASSEMBLY, INCLUDING, BUT NOT LIMITED TO ANY (I) WARRANTY OF
<br />MERCHANTABILITY, (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (III) WARRANTY AGAINST INFRINGEMENT OF
<br />INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (IV) WARRANTY THAT THE THIRD PARTY PRODUCT, SOFTWARE,
<br />COMPONENT PART OR ASSEMBLY IS SECURE, OR FREE FROM ERRORS, VIRUSES, WORMS, TIME BOMBS, BACKDOORS, AND OTHER
<br />PROGRAMS OR MALICIOUS CODE THAT CAN INFECT, PENETRATE, ALTER, MISUSE, DAMAGE OR DESTROY PURCHASER’S, OR ANY
<br />THIRD PARTY’S, COMPUTERS, NETWORKS, SYSTEMS, DATA, MATERIALS OR INFORMATION. BAUER SHALL NOT BE RESPONSIBLE
<br />OR LIABLE FOR ANY COST, EXPENSE, DAMAGE OR CLAIM ARISING OUT OF, RESULTING FROM, OR RELATING TO ANY THIRD-PARTY
<br />PRODUCT, SOFTWARE, COMPONENT PART OR ASSEMBLY. PURCHASER ACKNOWLEDGES AND AGREES IT SOLELY ASSUMES ALL
<br />RISK OF KEEPING ITS SYSTEMS, DATA, SOFTWARE AND PRODUCTS (INCLUDING THOSE OBTAINED FROM BAUER) SECURE FROM
<br />VIRUSES, WORMS AND OTHER PROGRAMS OR MALICIOUS CODE, AND CYBER AND/OR SECURITY ATTACKS OR INTRUSIONS, AND
<br />AGREES THAT BAUER WILL HAVE NO LIABILITY FROM ANY OF THE FOREGOING.
<br />(h) Wear and tear items and consumables, such as oil, belts, air/oil filters, hoses and air/oil separators, are not warrantable items.
<br />Wear and tear items and consumables are also not covered by any BAUER service agreement unless such items are specifically
<br />included in the applicable service agreement.
<br />Additional Limitations: The warranty service and procedures described in this Agreement constitute
<br />Purchaser’s sole and exclusive remedy for any claim hereunder. BAUER MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES
<br />AS TO THE QUALITY, PERFORMANCE OR OTHERWISE WITH RESPECT TO ITS PRODUCTS AND SERVICES OTHER THAN THOSE
<br />SPECIFICALLY STATED IN THIS WARRANTY. FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BAUER EXPRESSLY
<br />DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR
<br />FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BAUER’S LIABILITY, WHETHER BASED ON CONTRACT,
<br />TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE PRICE OF THE INDIVIDUAL PRODUCT OR SERVICE
<br />WHOSE DEFECT OR DAMAGE IS THE BASIS OF THE CLAIM. BAUER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE
<br />SECURITY OF PURCHASER’S COMPUTERS, NETWORK OR SYSTEMS. PURCHASER ACKNOWLEDGES AND AGREES THAT THE
<br />INTERNET IS INHERENTLY INSECURE, THAT ANY COMPUTER, DEVICE OR EQUIPMENT CONNECTED TO THE INTERNET, WHETHER
<br />THROUGH A WIRELESS NETWORK, CABLE MODEM, DIAL-UP ACCESS OR OTHERWISE IS AT RISK OF BEING COMPROMISED, AND
<br />THAT ALL DATA TRANSFERS, INCLUDING ELECTRONIC
<br />MAIL, OCCUR OPENLY ON THE INTERNET AND POTENTIALLY CAN BE MONITORED AND READ BY OTHERS. BAUER SHALL NOT BE
<br />RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT
<br />LIMITATION, LOSS OF PROFITS, LOSS OF USE OF FACILITIES OR EQUIPMENT, OR LOSS OF, UNAUTHORIZED ACCESS TO, OR
<br />ALTERATION, DESTRUCTION OR MISUSE OF, OR DAMAGE TO, ANY COMPUTERS, NETWORKS, SYSTEMS, DATA, MATERIALS OR
<br />INFORMATION, ARISING OUT OF, RESULTING FROM, OR RELATING TO ANY THIRD PARTY PRODUCT, SOFTWARE, COMPONENT PART
<br />OR ASSEMBLY.
<br />Docusign Envelope ID: 3088CA5E-7AAF-880A-8270-E0349071C5A2
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