Octoplex Warranty

Carling Technologies, Inc.

OctoPlex Component (2 Year) Limited Warranty

1. Carling Technologies, Inc. (“Carling”) warrants the OctoPlex® components (“Components”) set forth on Exhibit A attached hereto to be free from defects in material and workmanship for two (2) years from the date of the shipment to the OEM manufacturer or purchaser (“Purchaser”). If within that period, any of the Components shall be proved to Carling’s reasonable satisfaction to be defective, such Components shall be repaired or replaced at Carling’s option. Purchaser's exclusive remedy and Carling’s sole obligation hereunder, provided the Component is returned pursuant to the return requirements set forth below, shall be limited to the repair or replacement, at Carling’s option, of any defective Component which is returned to Carling in the proper packaging. Carling assumes no liability, including incidental or consequential damages, including without limitation damages described in sections 2. and 4. hereof. Neither shall Carling be obligated for expenses of removing any defective Component or for installing the repaired Component its replacement for any loss or damage to equipment in connection with which the Component is used.

THE FOREGOING WARRANTY SHALL NOT APPLY TO ANY COMPONENT SUBJECTED TO NEGLIGENCE, MISUSE, MISAPPLICATION, ACCIDENT, DAMAGE BY CIRCUMSTANCES BEYOND CARLING’S CONTROL, OR IMPROPER INSTALLATION (INCLUDING WITHOUT LIMITATION INSTALLATION NOT PERFORMED IN ACCORDANCE WITH APPLICABLE INDUSTRY STANDARDS IN CARLING’S REASONABLE JUDGEMENT), OPERATION, MAINTENANCE, STORAGE OR PACKAGING.

2. THE FOREGOING WARRANTY AND SUBSEQUENT LIMITED WARRANTY EXPRESSLY EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

3. CARLING SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF ANTICIPATED PROFITS OR SAVINGS, OR ANY OTHER LOSS INCURRED BECAUSE OF INTERRUPTION OF SERVICE OR FOR ANY OTHER REASON. IN NO EVENT SHALL CARLING’S AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE COMPONENTS INVOLVED. CARLING SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORIES OF LAW WITH RESPECT TO COMPONENTS SOLD OR SERVICES RENDERED BY CARLING, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.

4. STATEMENTS MADE BY ANY PERSON, INCLUDING REPRESENTATIVES OF CARLING, WHICH ARE INCONSISTENT OR IN CONFLICT WITH THE TERMS OF THIS LIMITED WARRANTY, SHALL NOT BE BINDING UPON CARLING UNLESS REDUCED TO WRITING AND APPROVED BY AN OFFICER OF CARLING.

5. WARRANTY RETURN PROCEDURE: TO ASSERT WARRANTY CLAIMS, PURCHASER SHALL CONTACT CARLING DESCRIBING THE ALLEGED PROBLEM AND CARLING SHALL DETERMINE THE APPROPRIATE COURSE OF ACTION. IF CARLING FINDS THE COMPONENT IN VIOLATION OF THE WARRANTY, CARLING WILL RETURN THE REPLACED OR REPAIRED PRODUCT WITH ALL SHIPPING AND HANDLING PREPAID EXCEPT FOR REQUESTS REQUIRING EXPEDITED SHIPPING (I.E. OVERNIGHT SHIPMENTS), PROVIDED THE COMPONENT IS RETURNED WITH A RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER AND SENT TO THE DESIGNATED SERVICE LOCATION. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING AND INSURANCE CHARGES. FAILURE TO FOLLOW THIS WARRANTY RETURN PROCEDURE WILL, IN CARLING’S SOLE DISCRETION RESULT IN THE WARRANTY SET FORTH HEREIN BECOMING NULL AND VOID.

6. Carling does not warrant that the functions contained in any software programs or products will meet Purchaser’s requirements or that the operation of the software programs or products will be uninterrupted or error free. Purchaser assumes responsibility for the selection of the software programs or products to achieve its intended results, and for the installation, use and results obtained from said programs or products. No specifications, samples, descriptions, or illustrations provided by Carling to Purchaser, whether directly, in trade literature, brochures or other documentation shall be construed as warranties of any kind, and any failure to conform with such specifications, samples, descriptions, or illustrations shall not constitute any breach of Carling’s limited warranty.

7. Carling reserves the right to modify or replace, at its sole discretion, without prior notification, the warranty listed above.


EXHIBIT A

OCTOPLEX COMPONENTS


a) Touchscreen / Display
b) System Interface Unit
c) Network Power Supply
d) DC Distribution Boxes
e) AC Distribution Boxes
f) Battery Monitor
g) AC Monitor
h) Electronic Circuit Breakers
i) AC Breakers & Remote Actuators