LPG Valves and Tank Equipment Division Warranty

CAVAGNA GROUP LPG VALVES & EQUIPMENT DIVISION

WARRANTY AND LIABILITY CONDITIONS – Not Applicable in the USA or Canada

1 – Compliance of the brand new products

The original seller of the brand new product (hereinafter referred to as Product) hereby warrants that the Product corresponds in quantity, quality, and type as specified in the sales contract (or, if missing, in the order’s confirmation) for the Product and that the Product is without defects that could render it unfit for the use to which it is intended. The original seller of the Product is identified on the invoice for the Product and is referred to herein as the “Warrantor.”

2 – Extent of the guarantee

The warranty is limited only to defects in a) the design of the Product, b) the materials in the Product or c) the construction of the Product, which can be attributed to the Warrantor. The warranty does not apply in the case where the buyer is unable to prove correct storage and maintenance of the brand new products, or in the case the buyer has modified the Product without the prior written agreement of the Warrantor.
Furthermore, the Warrantor is not liable for defects in the brand new product due to the normal wear and deterioration of those parts of the Product, which by their nature, are subject to rapid and continuous wear and tear (e.g.: lining, etc.).
In general, in no case shall the Warrantor be liable for defects in compliance that arise after the transfer of risk or possession of the Product to the buyer has taken place.
The warranty is valid only when the brand new products are installed, used and maintained in conformity with the warnings and instructions provided by the Warrantor in the instruction manual or other Product literature and in conformity with the applicable laws, standards or regulations existing in the location where the brand new products are used or, in the absence of any applicable laws, standards or regulations, in conformity with the best practices in the applicable industry or trade.

3 – Claims

The buyer is required to check the compliance of the brand new Products and confirm the absence of flaws. The buyer should report any flaws or defects in brand new Products, in the following ways and time. Failure to properly and timely report a defect will void the warranty:

Claims for shortage or damages that could have been apparent from an examination of the exterior of the Product’s packaging contents must be reported as soon as the brand new Products arrive at their place of destination or, in any event, , no more than 5 days after that time.
Claims relevant to quantity, colour, quality flaws or defects or non-compliance that the buyer should have been able to identify as soon as it took possession of the Product, must be made shortly after the time when the brand new Product arrives at its place of destination or, in any event, no more than 15 days after that time;
Hidden flaws, defects or non-compliance (that is, those not identifiable according to the inspection imposed by law and by the preceding subparagraphs) must be reported within 30 days after the discovery or in any event, no more than 5 years from the delivery date.

Claims must be sent by registered letter, addressed to the head office of the Warrantor and must describe in detail the alleged defect, flaw or non-compliance.
In order to preserve this warranty, the buyer must not attempt any disassembly repairs or modifications on the brand new product without the Warrantor’s prior written agreement.
The buyer forfeits and waives its rights under this warranty if the buyer does not consent to every reasonable request of the Warrantor, or if after the Warrantor has requested the return of the defective brand new products at buyer’s own expenses, the buyer fails to return the Product within 5 working days from the request.
In the event that the warranty claim is ultimately determined, in the sole discretion of Warrantor, to be unfounded, the buyer will reimburse the Warrantor all expenses incurred by Warrantor in evaluating the warranty claim (travel, expert valuations, transport expenses etc.).

4 – Remedies

Following a report by the buyer duly made in accordance with the previous point 3, the Warrantor, within a reasonable period depending on the type of claim, may, at Warrantor’s sole reasonable discretion:

Supply EXW to the buyer products of the same kind and quantity as those that have been proved to be defective or not in compliance with the contract; in such a case the Warrantor can require the return of the defective product, which becomes property of the Warrantor. In case of additional costs related to the replacement of a product proved to be defective or not in compliance, Warrantor and buyer shall jointly and previously agree how to apportion the costs.
Communicate in writing the cancellation of the contract, and offering a refund of the amount paid for the replaced product.

No other cost (such as disassembling and/or reassembling of the products, transportation from/to the premises of buyer’s customers, etc.) shall be charged to or paid by the Warrantor, unless previously expressly agreed in writing by the Warrantor.

5 – Limit of seller’s liability

The Warranty provided herein supersedes all legal warranty for defects and compliance, and excludes any other possible liability of the Warrantor, however originating, from the brand new products supplied by Warrantor. In particular, the buyer cannot put forward another claim for compensation in respect of any further damages, request any reduction of the contract price or cancellation of the contract. Once the period of the Warranty has expired no claim can be made against the Warrantor.
In no event shall Warrantor be liable to buyer for any direct, incidental, indirect, consequential or exemplary damages, including without limitation any claim for damages based on lost revenues or profits, however caused.
No exceptions to or modification of this Warranty will be permitted unless expressly and specifically defined and accepted by the parties in writing.

6 – Technical regulations

As far as the brand new product characteristics and specifications are concerned, the Warrantor complies with the legislation and the technical regulations prevailing in Italy and the European Directives, unless otherwise specified in the contractual documentation (i.e. contract, order’s confirmation, or invoice); The buyer assumes the risk of any difference between the European Directives plus the Italian regulations and those of the country of destination, regarding the use or installation of the Products, and indemnifies the Warrantor for any such differences it. The Warrantor guarantees the performance of brand new products manufactured by Warrantor only and exclusively in relation to uses, destinations, applications, tolerances, capacities, etc. that have been expressly indicated by Warrantor and that are incorporated in the contractual documentation (i.e. contract, order’s confirmation, invoice).
The buyer is not authorised to dispose of the brand new Products supplied to him by the Warrantor in a way which does not conform to the indications described in the previous sub-paragraph and in the instructions given by Warrantor.
Where the buyer intends the said products to be resold, it shall be buyer’s responsibility:

to inform the purchasers of the Product from buyer of the correct specifications and uses of the Product;
to grant any further periods or extended terms of any warranty provided by buyer only to buyer’s purchasers that exceed the warranty granted to buyer by Warrantor according to paragraph 3.
the buyer shall not grant or extend any warranty on behalf of Warrantor to any third party.

7 – Personal injuries and property damages

Warrantor shall indemnify buyer from and against any and all claims, demands, losses, liabilities alleged by third parties relating to personal injuries and property damages suffered as a result of a defective product. In such event, Warrantor will exclusively be responsible within the limits (of deductible), terms and conditions of the product liability insurance policy held by it (a copy of the related insurance declaration is available upon request).
In case of potential damages to third parties that may arise from a defective brand new product, the buyer and Warrantor shall work together in good faith to determine the nature and extent of the appropriate measures to be taken, including recall operations. It is understood that the costs and expenses associated with the recall or other measures shall be paid by Warrantor within the limits, the terms and the conditions set forth in Warrantor’s liability insurance policy, with the exclusion of the costs connected to the locating and retrieving the Products in the market, which will be paid by the Buyer.

High Pressure Equipment Division Warranty

CAVAGNA GROUP HIGH PRESSURE EQUIPMENT DIVISION

WARRANTY AND LIABILITY CONDITIONS – Not applicable in the USA or Canada

1 – Compliance of the brand new products

2 – Extent of the guarantee

3 – Claims

Claims for shortage or damages that could have been apparent from an examination of the exterior of the Product’s packaging contents must be reported as soon as the brand new Products arrive at their place of destination or, in any event, , no more than 5 days after that time.
Claims relevant to quantity, colour, quality flaws or defects or non-compliance that the buyer should have been able to identify as soon as it took possession of the Product, must be made shortly after the time when the brand new Product arrives at its place of destination or, in any event, no more than 15 days after that time;
Hidden flaws, defects or non-compliance (that is, those not identifiable according to the inspection imposed by law and by the preceding subparagraphs) must be reported within 30 days after the discovery or in any event, no more than 2 years from the delivery date.

4 – Remedies

Supply EXW to the buyer products of the same kind and quantity as those that have been proved to be defective or not in compliance with the contract; in such a case the Warrantor can require the return of the defective product, which becomes property of the Warrantor. In case of additional costs related to the replacement of a product proved to be defective or not in compliance, Warrantor and buyer shall jointly and previously agree how to apportion the costs.
Communicate in writing the cancellation of the contract, and offering a refund of the amount paid for the replaced product.

5 – Limit of seller’s liability

6 – Technical regulations

to inform the purchasers of the Product from buyer of the correct specifications and uses of the Product;
to grant any further periods or extended terms of any warranty provided by buyer only to buyer’s purchasers that exceed the warranty granted to buyer by Warrantor according to paragraph 3.
the buyer shall not grant or extend any warranty on behalf of Warrantor to any third party.

7 – Personal injuries and property damages

Warrantor shall indemnify buyer from and against any and all claims, demands, losses, liabilities alleged by third parties relating to personal injuries and property damages suffered as a result of a defective product. In such event, Warrantor will exclusively be responsible within the limits, terms and conditions of the product liability insurance policy held by it (a copy of the related insurance declaration is available upon request).
In case of potential damages to third parties that may arise from a defective brand new product, the buyer and Warrantor shall work together in good faith to determine the nature and extent of the appropriate measures to be taken, including recall operations. It is understood that the costs and expenses associated with the recall or other measures shall be paid by Warrantor within the limits, the terms and the conditions set forth in Warrantor’s liability insurance policy, with the exclusion of the costs connected to the locating and retrieving the Products in the market, which will be paid by the Buyer.

LPG Regulators Division Warranty

CAVAGNA GROUP LPG AND NATURAL GAS REGULATORS DIVISION

WARRANTY AND LIABILITY CONDITIONS – Not applicable in the USA or Canada

1 – Compliance of the brand new products

2 – Extent of the guarantee

3 – Claims

Claims for shortage or damages that could have been apparent from an examination of the exterior of the Product’s packaging contents must be reported as soon as the brand new Products arrive at their place of destination or, in any event, , no more than 5 days after that time.
Claims relevant to quantity, colour, quality flaws or defects or non-compliance that the buyer should have been able to identify as soon as it took possession of the Product, must be made shortly after the time when the brand new Product arrives at its place of destination or, in any event, no more than 15 days after that time;
Hidden flaws, defects or non-compliance (that is, those not identifiable according to the inspection imposed by law and by the preceding subparagraphs) must be reported within 30 days after the discovery or in any event, no more than 5 years from the delivery date.

4 – Remedies

Supply EXW to the buyer products of the same kind and quantity as those that have been proved to be defective or not in compliance with the contract; in such a case the Warrantor can require the return of the defective product, which becomes property of the Warrantor. In case of additional costs related to the replacement of a product proved to be defective or not in compliance, Warrantor and buyer shall jointly and previously agree how to apportion the costs.
b) Communicate in writing the cancellation of the contract, and offering a refund of the amount paid for the replaced product.

5 – Limit of seller’s liability

6 – Technical regulations

to inform the purchasers of the Product from buyer of the correct specifications and uses of the Product;
to grant any further periods or extended terms of any warranty provided by buyer only to buyer’s purchasers that exceed the warranty granted to buyer by Warrantor according to paragraph 3.
the buyer shall not grant or extend any warranty on behalf of Warrantor to any third party.

7 – Personal injuries and property damages

Warrantor shall indemnify buyer from and against any and all claims, demands, losses, liabilities alleged by third parties relating to personal injuries and property damages suffered as a result of a defective product. In such event, Warrantor will exclusively be responsible within the limits, terms and conditions of the product liability insurance policy held by it (a copy of the related insurance declaration is available upon request).
In case of potential damages to third parties that may arise from a defective brand new product, the buyer and Warrantor shall work together in good faith to determine the nature and extent of the appropriate measures to be taken, including recall operations. It is understood that the costs and expenses associated with the recall or other measures shall be paid by Warrantor within the limits, the terms and the conditions set forth in Warrantor’s liability insurance policy, with the exclusion of the costs connected to the locating and retrieving the Products in the market, which will be paid by the Buyer.

Greengear Warranty Terms and Conditions

Exhibit to Distribution Agreement

WARRANTOR. The Limited Warranty provided herein is given by Cavagna Group UK Ltd (the “Warrantor”), the entity that actually sold the Product (as defined herein) to which this Limited Warranty applies.

WARRANTY PERIOD. Each new product (the “Product”) purchased directly from the Warrantor will be free from defects in original material and workmanship for a period of twelve (12) months or 1000 hours of use, whichever occurs first from the date of sale of the Product, as shown on the invoice for that particular Product to the company purchasing the Product from the Warrantor(the “Purchaser”). In the case where the Product is purchased by Purchaser and then sold to a customer (the “Customer”), the warranty period as detailed above will commence at the date when the particular Product is sold by the Purchaser to the Customer, as shown on the invoice for that particular Product to the Customer, provided that (i) said invoice from the Purchaser to the Customer will be issued no longer than 6 months from the date in which the Warrantor invoiced the Product to the Purchaser, and (ii) the particular Product has not been used by the Purchaser prior to being sold to the Customer (apart from testing of the Product by the Purchaser on receipt of delivery from the Warrantor), in which cases the warranty period will commence from the date of invoice of the particular Product to the Purchaser.
Products damaged during the shipment will not be covered by the present warranty.
The warranty coverage is continual from the commencement date and does not suspend or restart at any time under any circumstances.

EXEMPTIONS. This warranty does not apply to, and the Warrantor shall have no liability or responsibility in respect of, damages or expenses relating to defects (or, if applicable, non-performance) caused by or arising out of:

a. the failure to properly store, use, install or maintain the Product as, for example, as specified in the warranty booklet, service booklet, drawings, manual or other literature supplied by the Warrantor, including but not limited to the Warrantor’s website or advertising brochures or in accordance with any applicable laws, regulations or standards;
b. the failure of The Purchaser or Reseller to inform any third party purchasers of The Product of the specifications and the necessary warnings and instructions for the correct use of The Product and/or any different or larger item or system in which The Product is installed;
c. tampering or interventions that compromise the correct functioning of the Product;
d. improper installation of The Product as a component in a different or larger item or system;
e. improper specification or application of The Product as a component in a different or larger item or system;
f. any Product purchased from any entity other than Warrantor;
g. the cost to locate, remove, disassemble, reinstall or dispose of components of a different or larger item or system that require removal to access The Product;
h. alteration, change, repair or modification of the Product, including its subcomponents, parts or assemblies;
i. accidents, misuse, abuse, abnormal use, improper use, negligent use, wilful misconduct, lack of reasonable or proper maintenance, repairs improperly performed or replacement parts or accessories not conforming to Warrantor’s specifications, use exceeding the recommended and permitted limits of The Product, and/or normal wear or deterioration occasioned by the use of The Product;
j. cosmetic issues, such as scratches, dents, fading of colours or discoloration;
k. any representation or implication relating to estimated performance characteristics of the Product, including but not limited to representations made in the Warrantor’s product literature, on the Warrantor’s website, marketing materials, advertisements and technical specifications;
l. any defect or non-conformity that has not been timely and promptly communicated in writing to the Warrantor as provided herein, and in all cases, no more than thirty (30) days from the discovery thereof;
m. any damage, cost or expense caused by Act of God;
n. water ingestion, submersion or external water damage or operation of the Product in a marine application;
o. use of replacement or ancillary parts not supplied by the Warrantor, such as but not limited to: external wiring, filters etc., unless these are of a direct equivalent to the Greengear ancillary part;
p. repairs within the warranty period not made by the Warrantor;
q. wearing items such as recoil start units, brushes, bearings, hoses, seals, wheels/tyres, lances, batteries, cables, blades, trimmer heads, straps, belts etc.;
r. fuel related faults such as contaminated LPG;

CLAIMS AND REMEDIES. To obtain warranty service for the Product, under this warranty, the Purchaser’s specific and detailed claim must be reported in writing to the Warrantor within thirty (30) days from the date the Purchaser had notice of or should have had knowledge of notice of the alleged defect to the Purchaser and in any case within the applicable warranty period. For all warranty claims accepted by the Warrantor, the latter shall, within a reasonable time:
(a) repair the Product or any subcomponent thereof; or
(b) supply ex works to the Purchaser a replacement product or spare part of the same type, kind and/or quality as the defective one.
Any warranty repairs or service must be performed exclusively by the Warrantor or other authorized representative of the Warrantor. The Purchaser is responsible for all expenses associated with locating the Product and with removing, disassembling, reinstalling and transporting the Product(s) and/or defective part(s) to and from the Customer to the Purchaser’s location or hub. Acceptance of any warranty claim is not an admission that any Product or any of its component parts are defective. The Warrantor will not accept any warranty claims directly from any third party to whom/which Purchaser may have sold the Product. The Purchaser forfeits any rights it may have under this warranty if the Purchaser does not return the Product to the Warrantor, at the Purchaser’s expense, within ten (10) working days of the Warrantor’s request, or otherwise follow the procedure described herein. In the event that the warranty claim is founded, the Warrantor will reimburse only the reasonable costs of carriage of the Product from the Purchaser to the Warrantor. In the event that the Purchaser submits a warranty claim that, in the sole reasonable discretion of the Warrantor, is groundless, the Purchaser shall reimburse the Warrantor all reasonable costs incurred by the Warrantor in evaluating the warranty claim (i.e. travel, lodging, expert evaluations, etc.).

LIMITATION OF LIABILITY. Except as expressly provided by this warranty, the Warrantor shall not be responsible for any direct, indirect, incidental, special or consequential or whatsoever damages associated with the use or non-use of the Product or a claim under this agreement. In no event will the Warrantor be liable for the loss of use, loss of profits, loss or damage to other property, inconvenience, commercial loss whatsoever. The foregoing statements of warranty are exclusive and in lieu of all other remedies or damages. This Agreement shall be the sole and exclusive remedy available to the Purchaser or any third party with respect to the Product. Implied warranties of merchantability and fitness for a particular purpose are excluded.

SALE OF THE PRODUCT. If the Purchaser sells the Product a warranty claim can only be filed with the Warrantor by the Purchaser. If the Purchaser will decide to modify, extend or enlarge this warranty in favour of the Customer the related consequences shall be borne solely by the Purchaser. The Purchaser has no right of recovery, against the Warrantor, for the reimbursement of the amount paid to the Customer.

APPLICABLE LAW AND DISPUTES. Any and all claims or disputes of whatever nature arising out of or otherwise relating to this warranty shall be governed by and construed in accordance with the laws of Italy and the parties expressly acknowledge and irrevocably agree that the sole and exclusive venue for and jurisdiction over any such claim or dispute shall be the Courts having jurisdiction over the area where the Warrantor is located. However, the Warrantor shall have the right to act in the Court having jurisdiction over the area where the Purchaser’s head office is located.