Inspection. During the applicable warranty period, Groves’ obligation under this warranty is limited to repair or replacing, at its sole option, any Product, which upon inspection by Groves shall disclose to Groves’ satisfaction to have been defective in material and workmanship. To be eligible for warranty repair or replacement, the original end-user must notify Groves of the Product failure in writing within the warranty period for such Product and, if requested by Groves, the Product must be promptly returned to Groves’ factory, shipping charges prepaid, with complete information as to alleged defects and the installation, operation, and service of the Product. Return of a Product to Groves’ factory requires a Return Material Authorization (“RMA”) from Groves, and the RMA number must be included with the returned Product. The customer shall bear all risk of loss or damage during shipment. All repaired or replaced Products will be warranted for a period equal to the remainder of the original limited warranty on the original Product.

Exclusions from Warranty. The above limited warranty and repair and replacement obligation does not apply: (a) to cosmetic damage, including but not limited to scratches and dents unless failure has occurred due to a defect in materials or workmanship; (b) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (c) to damage caused by using the Products outside of Groves’ published guidelines; (d) to Products that have been modified to alter functionality without the written permission of Groves Incorporated; (e) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product; (f) if any serial number has been removed or defaced from the Product; or (g) to Products stored outdoors or in open air facilities closer than three (3) miles from salt water.

Groves does not warrant products or parts manufactured or supplied by third parties. With respect to such third party products or parts, Groves shall pass through the terms of any warranty provided by the applicable third party manufacturer/supplier to the extent permitted as Groves’ sole warranty for such third party products or parts.

THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY GROVES WITH RESPECT TO THE PRODUCTS AND, EXCEPT FOR SUCH FOREGOING WARRANTY, GROVES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS MANUFACTURED BY GROVES AND SOLD HEREUNDER.

Limitation on Liability. EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROVES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF THE USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY. THE LIABILITY OF GROVES ARISING OUT OF THE SUPPLYING OF ANY PRODUCTS, OR THEIR USE, WHETHER ON WARRANTIES OR CLAIM OF NEGLIGENCE OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST OF CORRECTING DEFECTS IN THE PRODUCTS AS HEREIN PROVIDED.