Limited Product Warranty

Man Lift warrants that all goods sold to the Customer by Man Lift will, when delivered, be free from any liens arising out of any acts or omissions by Man Lift other than a purchase money security interest in favor of Man Lift. In addition, upon and subject to the terms and conditions set forth below, Man Lift hereby further warrants that all goods and services it is required to provide and perform in order to modify any OEM or Customer-owned equipment pursuant to the Quote and/or any Firm Purchase Order that is accepted by Man Lift in conformity with paragraph C thereof will: (i) when delivered, have been manufactured, fabricated, produced, performed and/or provided in conformity with all applicable Customer Specifications, as defined in the Quote and will conform to all applicable drawings, plans and specifications provided and/or approved by Customer; (ii) when delivered, and except as is otherwise required by such Customer Specifications, will have been manufactured, fabricated, produced, performed and/or provided in conformity with all applicable Man Lift Specifications, as defined in the Quote; and (iii) in normal use and service, will be free from defects in materials and workmanship.

2. Duration of Warranty/Notice Requirements: In the case of goods or services provided by Man Lift to modify any Customer-owned or OEM Equipment, the limited warranties set forth in as items (i), (ii) and (iii) in Section 1 above shall apply to covered defects that are discovered and reported to Man Lift in writing by the Customer within one (1) year following the applicable Ship-by-Date or if earlier, one (1) year following the date on which the goods in question are actually delivered to the Customer FOB Man Lift’s manufacturing facility in Shelby, North Carolina (the “Equipment Modification Warranty Period”). In the case of the warranty that applies to goods or services provided or performed to install, maintain, service or make non-warranty repairs to any modified OEM Equipment, the limited warranty set forth in Section 1 above shall apply to covered defects that are discovered and reported to Man Lift within six (6) months of the date when said goods or services are provided or performed (the “Goods and Services Warranty Period”). In the case of any goods or services that are repaired, replaced or re-performed in order to resolve any warranty claims referenced above, the limited warranty set forth in Section 1 above shall apply to such repaired, replaced or re-performed goods or services, but only for the portion of the initial warranty period applicable to the original goods or services so repaired, replaced or re-performed, if any, that remains after such warranty work is completed. Any parts that may be replaced in connection with any warranty work shall be and for all purposes remain the property of Man Lift.

3. Exceptions and Exclusions: Anything herein to the contrary notwithstanding, the limited warranties set forth in Section 1 above only cover goods and services that are provided or performed by Man Lift pursuant to the applicable Quote and a Firm Purchase Order accepted by Man Lift in connection therewith. This limited warranty does not cover any OEM or Customer-owned Equipment itself or any of the following, each of which are hereby expressly excluded:
A. Any claim that is not discovered and reported to Man Lift in writing during the applicable Warranty Period.

B. Any defect, loss, damage or expense incurred by the Customer or any third party to the extent the same arises out of, relates to, or results, in whole or in part, from any Approved or Provided Specifications, as defined in the Quote.

C. Any defect, loss, damage or expense incurred by the Customer or any third party to the extent the same arises
out of, relates to or results, in whole or in part, from any equipment, fixtures, materials, supplies, accessories, parts or other components manufactured, fabricated furnished or otherwise provided by the Customer or any third party, including, without limitation, any OEM or Customer-owned equipment.

D. Usualandcustomarydeteriorationorwearresultingfromnormaluse,maintenance,service,andexposure.

E. Any loss or damage following delivery and/or while goods are in transit, including, but not limited to losses or
damage that results from theft, vandalism, accident, war, insurrection, fire, or other casualty.

F. Any defect and/or any loss, damage, cost or expense incurred by the Customer or any third party to the extent

the same arise out of, relate to, or result, in whole or in part, from any one or more of the following:
(i) Defects or damage caused by the Customer or any third party.

(ii) Any alteration, modification or repair made by Customer or any third party that is not authorized in
advance and in writing by Man Lift.

(iii) The removal or attachment of any fixtures, equipment, materials, supplies, accessories, parts, or components by Customer or any third party that is not authorized in advance and in writing by Man Lift.

(iv) The failure of the Customer and/or any third party to properly handle, transport and/or store any goods; and/or

(v) The failure of the Customer and/or any third party to properly operate, service, maintain and/or otherwise use the OEM or Customer-owned Equipment and/or any modification made thereto by Man Lift.

4. Resolution of Warranty Claims: In the case of a covered lien, Man Lift will, as soon as is reasonably possible, pay off or otherwise satisfy any such lien or encumbrance and cause the same to be discharged and released. In the event Man Lift is notified of any other warranty claims in conformity with Section 3 above, Man Lift shall, with the full cooperation of Customer, immediately undertake an investigation of such claim. To the extent Man Lift shall determine, in its reasonable discretion, that the warranty claim is covered by the foregoing Man Lift Limited Warranty, Man Lift will, as soon as is reasonably possible, at Man Lift’s option, and as Customer’s sole remedy, either:

A. Work with the Customer to repair or replace any defective elements of the modifications Man Lift made to the OEM or Customer-owned Equipment by way of field modification or repairs, in which event Man Lift will, if necessary, ship any parts or components required to effect such repair or replacement to the applicable Ship- to Address specified in the applicable Accepted Purchase Order as soon as is reasonably possible, at Man Lift’s sole cost and expense, and unless otherwise agreed in advance and in writing, the Customer shall, with Man Lift’s approval, remove any defective parts or components, make any required repairs and/or install any required replacements, at Customer’s sole cost and expense;

B. Repair or replace the defective elements of the modifications Man Lift made to the OEM or Customer-owned Equipment at Man Lift’s sole cost and expense at Man Lift’s facility in Shelby, North Carolina, or at another authorized repair facility designated by Man Lift in its reasonable discretion, in which event the Customer shall ship the said OEM or Customer-owned Equipment as so modified by Man Lift to such repair facility at the Customer’s sole cost and expense; or

C. Permit the Customer to return said OEM Equipment as so modified by Man Lift to Man Lift for full credit, in which event Customer will be solely responsible for shipping said OEM Equipment as so modified to Man Lift’s facility in Shelby, North Carolina, at Customer’s sole cost and expense.

5. Warranty Not Transferable: This Limited Warranty applies only to the original Customer that purchases the goods and services in question from Man Lift pursuant to an applicable Quote and Accepted Purchase Order and is not transferable. As such, this Warranty does not cover any modified OEM or Customer-owned Equipment that is sold or otherwise transferred by the Customer to any third party or any goods or services provided to such Customer with respect to any such equipment.

6. Limitation on Warranties, Liabilities and Damages: The Customer expressly agrees that the allocation of the risk, liability, loss, damage, cost and expense arising from any defects in any goods or services provided or performed by Man Lift to or for the benefit of the Customer pursuant to a Quote or any Firm Purchase Order that is accepted by Man Lift in connection therewith is fair and reasonable and acknowledges that such allocation was expressly negotiated by the parties and is reflected in the purchase price. Accordingly, and except to the extent the same is otherwise expressly amended in an applicable Accepted Purchase Order, the Customer expressly acknowledges and agrees as follows:

A. Disclaimer of Implied Warranties: EXCEPT AS SET FORTH IN THIS MAN LIFT LIMITED WARRANTY, MAN LIFT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OR OTHERWISE WITH RESPECT TO ANY WORK MAN LIFT PERFORMS FOR THE CUSTOMER OR ANY EQUIPMENT, PRODUCTS, GOODS, WORK OR SERVICES MAN LIFT MAY SELL OR PROVIDE TO OR PERFORM FOR THE CUSTOMER PURSUANT TO THE TERMS OF ANY QUOTE OR ACCEPTED PURCHASE ORDER, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE.

B. Limitation on Liability: MAN LIFT'S LIABILITY TO CUSTOMER FOR ANY GOODS OR SERVICES MAN LIFT MAY PROVIDE TO OR PERFORM FOR THE CUSTOMER IN CONNECTION WITH ANY QUOTE OR ACCEPTED PURCHASE ORDER WHICH DOES NOT CONFORM TO THE LIMITED WARRANTIES SET FORTH HEREIN SHALL NOT, IN ANY EVENT, EXCEED THE ACTUAL COST OF SUCH NON-CONFORMING GOODS OR SERVICES AS DETERMINED BY REFERENCE TO THE APPLICABLE ACCEPTED PURCHASE ORDER.

C. Limitation on the Nature of Damages: MAN LIFT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OF ANY NAME, NATURE OR DESCRIPTION.

7. Amendment/Modification. This Man Lift Limited Warranty gives Man Lift and the Customer specific legal rights and obligations, which have been expressly negotiated and are reflected in the purchase price. As such, the terms of this Man Lift Limited Warranty may not be modified, expanded, supplemented or otherwise amended except to the extent any such amendment is expressly set forth as an “Additional Warranty Provision and/or Term and Condition of Sale” included in an applicable Firm Purchase Order that has been accepted by Man Lift and as provided in the language of the Quote. Unless expressly amended as provided above, this Man Lift Limited Warranty may not under any circumstances be modified, expanded, supplemented or otherwise amended in any way by the terms of any purchase order, acceptance, continuation, acknowledgement or other commercial document issued to Man Lift by the Customer or any third party.