Warranty Statement

034-073 Godiva Warranty 2024

Effective Jan 2023

Subject to the following general and specific terms and conditions, Godiva Limited (“Godiva”) hereby warrants to the

original Purchaser* that Products sold under the Godiva brand will be free of defects in material and workmanship

for the applicable Warranty Period. General terms and conditions applicable for all Products are set forth under the

heading General Terms and Conditions below. Product specific terms and conditions, including Warranty Periods and

Warranty Coverages, are set forth in the Table following this text.

General Terms and Conditions

The following limitations, exclusions, procedures and other terms and conditions shall apply for all Products:

Warranty is voided if:

• Product is used for an application, with products or in a manner other than the application, products and
  manner for which such Product is designed and intended
• Product is subjected to a use, service, condition or environment other than a use, service, condition or
  environment for which such Product is designed and intended
• Product is not properly installed
• Product is not properly tested and maintained in accordance with Godiva’s product manuals and supplemental instructions and guidelines, applicable industry standards and guidelines, and applicable legal and regulatory requirements.
• Product is altered, modified, serviced (except routine maintenance performed in accordance with Godiva’s instruction manual for Product and Industry accepted standards and guidelines), or repaired by a person other than Godiva or a person authorized by Godiva to make such alteration or modification or perform
  such service or repair
• Godiva is not paid the full amount of the purchase price for Product when due

No Warranty covers:

• Ordinary wear and tear
• Failure due to compliance with a specification or design provide or required by Purchaser
• Failure due to improper operation, excess pressure, excess voltage or other similar cause
• Failure due to operator error

• Damage during or after shipment and failure attributable thereto or resulting there from
• Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of
  any part, component or equipment not supplied by Godiva

• Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of
  any third party (e.g., not Godiva brand) part, component, product or equipment, whether or not
  combined, packaged, incorporated, installed or used with a Godiva brand part, component,
  product or equipment.

Godiva shall have no obligation under any Warranty unless Purchaser or its customer promptly notifies Godiva of the

failure giving rise to the Warranty claim, such notice is received by Godiva within the applicable Warranty Period, and

Godiva is provided with such information, data and records (including, but not limited to, in service date, run hours, and

service and repair records) as Godiva may reasonably request in evaluating the Warranty claim. The notice of failure

must be given in writing, identify the Product claimed to be defective (including serial number, if any), and describe in

reasonable detail the circumstances surrounding the failure.

Repaired Product and replacement Product shall be warranted only for the remainder of the original Warranty Period.

Godiva reserves the right to use reconditioned parts for Warranty repairs and to use reconditioned Products for

Warranty replacements.

Godiva shall have the right to physically inspect Product claimed to be defective. If requested by Godiva, Purchaser

shall deliver the Product claimed to be defective to Godiva at its manufacturing facility or to another party or location

designated by Godiva. In such event, Godiva shall issue to Purchaser a Return Goods Advice number (RGA) for the

Product to be delivered. The Product must be delivered to Godiva within 30 days of issuance of the RGA. The RGA

number must be included with the Product when delivered to Godiva. Failure to make timely delivery to Godiva of the

Product claimed to be defective shall void any Warranty.

Purchaser or its customer shall be responsible for all freight and shipping changes in connection with the delivery of

Product claimed to be defective to Godiva at its manufacturing facility or to another party or location designated by Godiva and the delivery of repaired or replacement Product or parts to Purchaser. Product claimed to be defective must be

shipped by Purchaser freight prepaid. Repaired and replacement Product and parts therefore will be shipped to

Purchaser freight collect. Purchaser shall bear all risk of loss or damage during shipment.

If requested to do so by Purchaser, Godiva may, at its sole option and in its sole discretion, supply a replacement

Product or part to Purchaser prior to making a final determination as to whether Warranty Coverage is available. If Godiva ultimately determines that no Warranty Coverage is available for the Product claimed to be defective, whether the

determination is based on the Warranty being voided, the Product failure being due to a cause not covered by the

Warranty, the failure to make a timely and proper Warranty claim, or otherwise, Purchaser or its customer will be

required to purchase the replacement Product or part that has been supplied to it by Godiva at the price at which

Purchaser is then entitled to purchase such Product or part under the Supply Agreement.

If Godiva ultimately determines that no Warranty Coverage is available for a Product claimed to be defective, whether

the determination is based on the Warranty being voided, the Product failure being due to a cause not covered by the

Warranty, the failure to make a timely and proper Warranty claim, or otherwise, Purchaser shall have the option of either

(i) having the Product returned to it freight collect, without repair or replacement, or (ii) if Godiva determines that the

Product is repairable, have the Product repaired by Godiva or another party designated by it on a time and materials

basis at Godiva’s then current standard charges for non-warranty repairs and then returned to Purchaser freight collect.

If on inspection of returned part/product Godiva is in agreement that it is faulty and falls within warranty coverage, the customer will be credited for the cost of the replacement parts and carriage expenses incurred. In no case does Godiva bear expenses of any sort incurred outside Godiva’s premises. All warranty or repair work must be undertaken by Godiva, or its agent and any other work undertaken in relation to the Goods will render this guarantee void.

GODIVA’S WARRANTY AS SET FORTH HEREIN IS GODIVA’S SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED.

THE RIGHTS AND REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST GODIVA. EXCEPT FOR THE SPECIFIC LIABILITIES AND OBLIGATIONS PROVIDED HEREIN, GODIVA SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER.

UNDER NO CIRCUMSTANCES SHALL GODIVA BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST OR UNREALIZED SALES, REVENUES, PROFITS, INCOME, COST SAVINGS OR BUSINESS, LOST OR UNREALIZED CONTRACTS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OF PROPERTY, LOSS OF INFORMATION OR DATA, LOSS OF PRODUCTION, DOWNTIME, OR INCREASED COSTS, IN CONNECTION WITH ANY PRODUCT, EVEN IF GODIVA IS ADVISED OR PLACED ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY PRODUCT.

* The “Purchaser” is the original purchaser from Godiva, whether the original purchaser is a distributor, dealer or other reseller, an OEM, or an end user.

** For each Product, Godiva will have the option to refund to Purchaser (in cash or by credit) the purchase price Godiva was paid for such Product, less depreciation determined on a straight-line basis over the Warranty Period, in lieu of repair or replacement (including, when applicable, labour). The decision whether to repair, replace or refund (and, if there is a refund, whether to refund in cash or by credit) shall be made by Godiva in its sole discretion.