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LIMITED WARRANTY FOR ENDOFLEX

Warranty and Limited Remedy. This product will be free from defects in material and manufacture for a period of ninety (90) days from date of purchase. ETS Schaefer makes no other warranties including, but not limited to, any implied warranty of
merchantability or fitness for a particular purpose. User is responsible for determining whether the ETS Schaefer product is fit for a particular purpose and suitable for user’s method of application. If this ETS Schaefer product is proved to be defective within the warranty period stated above, your exclusive remedy and ETS Schaefer’s sole obligation shall be, at ETS Schaefer’s option, to replace or repair the ETS Schaefer product or refund the purchase price of the product.

Limitation of Liability. Except where prohibited by law, ETS Schaefer will not be liable for any loss or damage arising from the use of this ETS Schaefer product, whether direct, indirect, special, incidental or consequential, regardless of the legal theory asserted, including warranty, contract, negligence or strict liability.

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LIMITED WARRANTY FOR ALL OTHER PRODUCTS

ETS Schaefer Corporation ( “ETS Schaefer”) wants every customer to be COMPLETELY SATISFIED with its products. ETS Schaefer is committed to providing prompt, responsive service to its customers and timely attention to its customers' needs.

If an ETS Schaefer product fails under normal use within one (1) year after date of its sale by ETS Schaefer because of a defect in materials or workmanship, ETS Schaefer will either repair or replace the defective product, at ETS Schaefer’s option. ETS Schaefer does not warrant against normal wear and tear, abuse, operations in excess of specified limits, improper maintenance or intentionally inflicted damage.

To be entitled to the benefits of this limited warranty, the customer must maintain complete and reliable records of key operating parameters as designated by ETS Schaefer, must permit ETS Schaefer to make periodic inspections, during normal business hours, of the product in use and related customers records and must submit a claim in writing to ETS Schaefer during the warranty period.

THIS WARRANTY IS LIMITED TO ITS PRECISE TERMS AND PROVIDES THE EXCLUSIVE REMEDIES AVAILABLE. IT IS EXPRESSLY MADE IN LIEU OF ALL OTHER REMEDIES. ETS SCHAEFER NEITHER MAKES NOR ASSUMES ANY OTHER WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ETS SCHAEFER SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE RELATING THERETO, AND ETS SCHAEFER’S LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO THE REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF PRODUCTS NOT COMPLYING WITH THIS LIMITED WARRANTY OR, AT ETS SCHAEFER’S ELECTION, TO CREDITING THE CUSTOMER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH PRODUCTS, WHETHER SUCH CLAIMS ARE FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL ETS SCHAEFER BE LIABLE FOR PENALTIES OF ANY DESCRIPTION.

Reference is made to the attached Terms and Conditions of Sale which are incorporated herein by reference.

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