SHIPPING & RETURNS | Cool Anchor Power

LIMITED MANUFACTURE (MFG) “NEW INDUSTRIAL BATTERY” WARRANTY TERMS,CONDITIONS, AND TERMINOLOGY

LIMITED MANUFACTURE (MFG) “NEW INDUSTRIAL BATTERY” WARRANTY are warranted by the manufacturer only, (details available upon request). CAP&L and its subsidiaries, acting only as a distributor, provide no warranty or guarantee of any type, express or implied.

For products/assemblies manufactured, remachined, or assembled by other suppliers, Cool Anchor Power and Logistics LLC (hereafter “CAP&L”), and its subsidiaries, act only as a distributor and provide no warranty or guarantee of any type, express or implied. These products/assemblies may, however, be covered by each manufacturer’s, supplier’s, or assembler’s warranty. CAP&L, and its subsidiaries, assign and pass through to the purchaser any warranty that may exist.

LIMITED MANUFACTURE (MFG) “NEW INDUSTRIAL BATTERY” WARRANTY

A Limited manufacture new industrial battery warranty warrants their industrial batteries against defects in materials and workmanship for a period of five (5) years from the date of invoice for batteries containing nine (9) or more plates, and for a period of three (3) years for batteries containing five (5) to seven (7) plates (see below additional terms and conditions number 12). Warranty Credit given for the replacement of either defective cell(s) or assembled batteries shall be prorated based upon their original purchase price (“Original Purchase Price” does not include freight charges or any other expenses), the length of the

warranty, and the time remaining on the warranty. MFG shall determine credit amount according to the following prorated formula: Original purchase price multiplied by the number of unexpired months remaining (on the warranty) divided by sixty months (60), for those batteries containing 9 or more plates, and divided by thirty six months (36), for those batteries containing five (5) to seven (7) plates. Any and all replacement parts, cells, batteries, shall be shipped per terms “FOB” MFG’s warehouse.

During the warranty period if a battery fails to supply 80% of the six (6) hour rated capacity, when tested under supervision and according to BCI Standards, MFG, at its discretion, shall provide either one of the following two options: Option One (1) : Parts

Replacement (including individual cells), and Option Two (2): Battery Replacement. In reference to the above “Option One” (1) (Parts Replacement): There will be part(s) replacement only. Replacement parts shall never exceed the remaining prorated value

(see above paragraph two (2) “Prorated Formula”), and shall only be warranted for the remainder of the unused (unexpired) portion of the original warranty period of the replaced battery. In reference to the above “Option Two (2) (Battery Replacement): Any prorated credit will be applied towards the purchase of either a replacement battery(s) or other MFG Product(s), only. The replacement battery, or eligible MFG product , not including replacement parts (see above paragraph three (3), would be sold with a new warranty(s), as applicable, as per the stated warranty period(s) set forth in paragraph one (1). Any remaining surplus credit balance could then be applied towards the purchase of other MFG product(s).

Additional Terms and Conditions:

1. The MFG shall mutually agree that each battery is of the proper size, design, and capacity to perform the duty cycle at the time of sale and that the battery must not be required to perform a duty cycle greater than this agreed value during the warranty period.

2. Batteries are to be limited to one cycle charge and discharge within a twenty-four (24)hour day of no more than 80% of the rated capacity, and no more than 300 cycles per calendar year.

3. Each battery is to be charged on an approved and properly sized charger that meets or exceeds the latest BCI Standards, for industrial truck chargers. Chargers are required to have the proper capacity rating, voltages and charging start and finish rates to completely recharge the battery to specified specific gravity before subsequent discharge. Recharging must occur during the twenty-four hour, per Note 2 above.

4. Maintenance and cycle records shall be kept in accordance to manufacturer’s guidelines. Such records must be submitted to MFG at the time of the warranty claim in order to qualify for protection under the warranty requirements.

5. Sufficient electrolyte levels must be maintained in each cell at all times by the addition of approved purified water. The addition of acid or other additives voids this warranty.

6. This warranty is void should average electrolyte temperatures be in excess of 115° F, or below 50° F.

7. This warranty is void should it be determined that any battery(s) has been modified, abused, misused, or damaged by anything other than by normal use.

8. This warranty is void should repairs be performed by anyone other than MFG or one of its authorized dealers.

9. This warranty applies to the original owner only and is non-transferrable.

10. This warranty is not applicable and void for batteries used in heavy-duty applications such as, but not limited to, mill, foundry, and forging operations.

11. Dealer has the sole responsibility to provide all services to its customers; MFG takes no responsibility if the dealer cannot perform the services that they had agreed to with their customer(s).

12. MFG reserves the right to modify the terms of this warranty regarding batteries with 5 – 7 plates, and shall note stated modification on our invoice. This modification shall be considered accepted/agreed to by the buyer as a condition of purchase.

13. MFG reserves the right to inspect any claimed battery(s) at our discretion as part of the terms of this agreement.

THIS WARRANTY EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. MFG ASSUMES NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHETHER INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, FROM THE POSSESSION OR THE USE OF THE BATTERY(S). NO CLAIM SHALL EVER EXCEED THE PURCHASE PRICE OF THE BATTERY(S).

NOT COVERED

In no event will CAP&L, or any of its subsidiaries, cover or be liable for any of the following:

Labor Costs

Towing Costs

Shipping & Handling Charges

Consequential Damages

Downtime

Consumables (lube, filters, fuel, belts, etc…)

Comprehensive Damages

Loss of income

Rental Costs

Progressive Damages

Supplies

Fines & Fees

In any case where the manufacturer of a given product does allow for coverage of any of the above listed costs/expenses, under the terms of their warranty, then it is the purchaser’s sole responsibility to file any/all necessary claims paperwork with said manufacturer(s) directly for warranty consideration.

CLAIMS & DISPUTES

All claims must be submitted directly to that product/assembly’s manufacturer/supplier, in writing, within the prescribed warranty period, immediately following any issue and BEFORE performing disassembly or repairs of any type. Unauthorized disassembly or repair or a delay of claim notification will void any applicable warranty. The original manufacturer, CAP&L, or its subsidiaries reserve the right to inspect all products involved in any warranty claim. All products being returned for inspection must be sent freight pre-paid following the procedures outlined in the “RETURNS” section herein. In no event will any warranty compensation exceed the initial purchase price paid on the original invoice.

This limited warranty policy shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict or choice of law provisions. Buyer acknowledges and agrees that Texas is an appropriate place for venue of any litigation and those courts in Tarrant County, Texas shall have exclusive jurisdiction concerning this warranty.

RETURNS

All returns must be accompanied by a Return Materials Authorization (hereafter “RMA”) to ensure proper handling upon arrival at our facility. Returns must be received within 30-days from the date of your original invoice (unless otherwise expressly stated on your invoice). Returns must be shipped back freight pre-paid and must arrive at our facility in the same condition in which it was originally shipped. Returns damaged in return shipping will be refused and no credit will be issued. All returns are subject to a 15% restocking fee.

AGREEING TO THESE TERMS & CONDITIONS

By placing an order with CAP&L or one of its subsidiaries, you are explicitly agreeing to be bound by the terms and conditions outlined in this document and any/all other documents relating to CAP&L’s terms and conditions. Copies of these terms and conditions are available upon request. Terms and conditions can be changed, modified, and/or updated at any time, as CAP&L deems necessary, without notice. Contact CAP&L for the most current terms and conditions.

CAP&L shall not be liable for indirect, incidental or consequential damages arising out of the sale or relating to the use of this product. The purchaser assumes responsibility for personal injury and property damage resulting from the handling, possession or use of the product. In no event, shall the liability of CAP&L for any and all claims, including claims of breach of warranty or negligence, exceed the purchase price of the product.

This warranty is understood to be the exclusive agreement between the parties relating to the subject matter here for. No representing agent unless noted so by CAP&L in writing is Authorized to any warranty in addition to those made in this agreement. Buyer must ship the defective part to Cool Anchor Power and Logistics LLC., using prepaid Postage. Cool Anchor Power and Logistics LLC. will not reimburse for services preformed by others.