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STATEMENT OF WARRANTY

KRAIBURG RELASTEC GMBH & Co.KG (the “Manufacturer”) offers the following limited warranty to the original purchaser (the “Purchaser”) of our shock-absorbent surfacing product (the “Product”):

1) The Manufacturer warrants that the Product will:

(a) comply with the technical specifications set out in the Manufacturer’s published technical and
promotional materials at the time of sale; and

(b) be free from defects in materials and workmanship for a period of two years from the date of
purchase from the Manufacturer or its authorized distributor or dealer, subject to the limitations
and conditions set out below (collectively, the “Warranty”).

For the purposes of this Warranty, the date of purchase shall be the date of the invoice of the Manufacturer or its authorized distributor or dealer.

2) The Manufacturer’s sole liability under the Warranty shall be limited to the cost of repair or replacement (replacement costs are limited to material costs and do not include labour costs) of the Product as set out above, at its sole option. In order for the cost of repair to be covered by the Warranty as set out above, the repairs must be performed by the Manufacturer or by a third party authorized by the Manufacturer to perform repairs; the cost of repairs performed by the Purchaser or an unauthorized third party shall not be covered by the Warranty. The cost of repair or replacement shall not include any installation costs or other costs, which shall be borne
by the Purchaser.

3) The Warranty shall only be applicable provided that:

(a) the Manufacturer receives written notice of any defect no later than fifteen (15) days after the Purchaser first has knowledge thereof;
(b) the Product has been stored, handled, erected, installed, operated, maintained or otherwise used in accordance with the Manufacturer’s instructions;
(c) the Product has not been subject to any use other than that for which it was designed nor been involved in any accident;
(d) the Purchaser has not itself or through a third party performed or attempted to perform repairs or corrective work without the Manufacturer’s prior written consent;
(e) the Manufacturer is given a reasonable opportunity to inspect the Product in question and is satisfied that it is defective; and
(f) the Manufacturer has received full payment of the purchase price of the Product or any installment(s) due thereon.

4) Notwithstanding anything set out above, the Warranty does not cover:

(a) normal wear and tear of the Product; and
(b) the surface appearance of the Product, including colour inconsistency.

5) The Warranty is neither transferable nor assignable by the Purchaser and shall become null
and void upon the transfer of the Product to a different location or to a third party.

6) ALL OTHER CONDITIONS, GUARANTEES OR WARRANTIES, INCLUDING
CONDITIONS, GUARANTEES OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY STATUTE OR
COMMON LAW, ARE HEREBY EXPRESSLY EXCLUDED. EXCEPT AS DEFINED IN
SECTIONS 1 TO 5 HEREOF, THE MANUFACTURER SHALL BE UNDER NO LIABILITY
WHATSOEVER IN RESPECT OF ANY LOSS, DAMAGE, INJURY OR EXPENSE ARISING IN
CONNECTION WITH THE PRODUCT, WHETHER OR NOT DUE TO NEGLIGENCE OR
BREACH OF DUTY BY THE MANUFACTURER OR ITS SERVANTS OR AGENTS, AND IN
PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING,
THE MANUFACTURER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR EXPENSES OR ANY LOSS OF PROFIT ON RESALE OR
ANY LIABILITY TO THIRD PARTIES INCURRED BY THE PURCHASER.

7) The Manufacturer does not guarantee, warrant or offer any patent or trademark protection to
the Purchaser on the Product. The Manufacturer shall not be obligated, liable or in any way
responsible to the Purchaser because of any alleged or actual violation of patent or patent
rights, trademarks or intellectual or property rights arising from or in connection with the sale or
use of the product.