June 30, 2003 Page 2 of 2received “In Good Order” receipt from the carrier. All claims for loss or damage in transit should be made to thecarrier.TITLE & LIEN RIGHTS: The equipment shall remain personal property, regardless of how affixed to any realty orstructure. Until the price (including any notes given therefore) of the equipment has been fully paid in cash, Sellershall, in the event of Buyer’s default, have the right to repossess such equipment.PATENT INFRINGMENT: If properly notified and given an opportunity to do so with friendly assistance, Seller willdefend Buyer and the ultimate user of the equipment from any actual or alleged infringement of any publishedUnited States patent by the equipment or any part thereof furnished pursuant hereto (other than parts of specialdesign, construction, or manufacture specified by and originating with Buyer), and will pay all damages and costsawarded by competent court in any suit thus defended or of which it may have had notice and opportunity todefend as aforesaid.STANDARD WARRANTY: Seller warrants that products of its own manufacture will be free from defects inworkmanship and materials under normal use and service for the period specified in the product instructionmanual. Warranty for service parts will be ninety (90) days from date of factory shipment. Electric Motors,gasoline and diesel engines, electrical apparatus and all other accessories, components and parts notmanufactured by Seller are warranted only to the extent of the original manufacturer’s warranty.Notice of the alleged defect must be given to the Seller, in writing with all identifying details including serialnumber, type of equipment and date of purchase within thirty (30) days of the discovery of the same during thewarranty period.Seller’s sole obligation on this warranty shall be, at its option, to repair or replace or refund the purchase price ofany product or part thereof which proves to be defective. If requested by Seller, such product or part thereof mustbe promptly returned to seller, freight prepaid, for inspection.Seller warrants repaired or replaced parts of its own manufacture against defects in materials and workmanshipunder normal use and service for ninety (90) days or for the remainder of the warranty on the product beingrepaired.This warranty shall not apply and Seller shall not be responsible or liable for:(a) Consequential, collateral or special losses or damages;(b) Equipment conditions caused by fair wear and tear, abnormal conditions of use, accident, neglect ormisuse of equipment, improper storage or damage resulting during shipping;(c) Deviation from operating instructions, specifications or other special terms of sale;(d) Labor charges, loss or damage resulting from improper operation, maintenance or repairs made byperson(s) other than Seller or Seller’s authorized service station.In no event shall Seller be liable for any claims whether arising from breach of contract or warranty or claims ofnegligence or negligent manufacture in excess of the purchase price.THIS WARRANTY IS THE SOLE WARRANTY OF SELLERS AND ANY OTHER WARRANTIES, WHETHEREXPRESS OR IMPLIED IN LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OFMERCHANTABILITY AND FITNESS FOR PARTICULAR USE ARE HEREBY SPECIFICALLY EXCLUDED.LIABILITY LIMITATIONS: Under no circumstances shall the Seller have any liability for liquidated damages or forcollateral, consequential or special damages or for loss of profits, or for actual losses or for loss of production orprogress of construction, whether resulting from delays in delivery or performance, breach of warranty, negligentmanufacture or otherwise.ENVIROMENTAL AND OSHA REQUIREMENTS: At the time of shipment of the equipment from the factory,Quincy Compressor / Ortman Fluid Power will comply with the various Federal, State and local laws andregulations concerning occupational health and safety and pollution. However, in the installation and operation ofthe equipment and other matters over which the seller has no control, the Seller assumes no responsibility forcompliance with those laws and regulations, whether by the way of indemnity, warranty or otherwise.