WARRANTY AGREEMENT for ESS PRODUCTS

Limited Warranty

Subject to the provisions hereinafter set forth, Rutherford Controls lnt'l Corp. (RCI) hereby warrants their product selection (hereinafter called the 'Product') to be free from defects in any material and/or workmanship supplied by RCI for a period of one year limited to faulty products from the date of purchase. RCI's obligation under this Warranty is expressly limited, at RCI's option, to refunding the contract price or repairing or replacing the product if returned, delivery prepaid, to RCI, and if determined to the satisfaction of RCI, upon RCI's examination, to have been thus defective.

This Warranty is limited to the original purchaser and is not transferable. This warranty shall not apply if the Product has been subject to misuse, negligence, accident, abuse, customer changes, improper installation, or improper or abnormal operations or operating conditions, or if the product has been lost or damaged in transit. This Warranty is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on the part of RCI of any kind or character, including without limiting the generality of the foregoing, implied warranties of merchantability and fitness for use and liabilities for alleged representations or negligence. RCI does not assume any liability other than that herein assumed. No person, including any dealer, or any agent or representatives of RCI, is authorized to make any representations or warranties concerning the Product on behalf of RCI except to refer customers to this Warranty. RCI shall in no event be liable for any direct, indirect, economic, pecuniary or consequential damages.