Limited Service Agreement
In consideration and exchange for the mutual obligations set forth herein below, and intending to be bound, the undersigned buyer ("Buyer")
and BUBCO, INC., a California corporation. ("Bubco") agree to the following Limited Service Agreement (Agreement"):
1. Disclaimer of All Express or Implied Warranties. IT IS EXPRESSLY AGREED THAT BUBCO DISCLAIMS (i) ALL EXPRESS AND
IMPLIED WARRANTIES OF FITNESS AND (ii) THE EXPRESS AND IMPLIED WARRANTY OF MERCHANTABILILITY AS TO THE
GOODS CONTAINED HEREIN.
2. Term of Agreement. This Agreement shall be effective for a period of twelve months following the date of sale ("Term").
3. Loss of Buyer's Rights. Buyer understands and agrees that this Agreement shall be void ab initio and of no force or effect, and Buyer will
have waived all rights under this Agreement, unless Buyer completes and returns to Bubco, within fourteen (14) days of the date of purchase,
(i) this Limited Service Agreement, and (ii) the enclosed Service Agreement Registration Card, along with a dated receipt of purchase, or other
evidence which is sufficient, in the sole discretion of Bubco, to establish the actual date of sale.
4. Scope of Agreement. This Agreement is limited to the repair and/or replacement, during the Term, of equipment and component parts
originally manufactured by Bubco, Inc. ("Genuine Bubco Parts"). In all other cases, the warranty, if any, shall be limited by the terms and
conditions of the warranty provided by the manufacturer of that particular equipment or component part. Bubco reserves the right, in its sole
discretion, to either repair or replace any item under this Service Agreement. Bubco reserves the right to alter the specifications, design or
materials of any Genuine Bubco Part at any time without notice to the Buyer ("Revised Bubco Part"), and to replace the defective Genuine
Bubco Part, in its sole discretion, with such Revised Bubco Part. Any repair or replacement of any item under this Service Agreement shall be
performed within a commercially reasonable time. If Buyer requests expedited service, Buyer shall be charged a premium for necessary
overtime and all other costs, which arise from the requested expedited service.
5. Exclusions to Agreement. This Service Agreement shall only apply to Genuine Bubco Parts, which are found, in BUBCO's sole discretion, to
be defective in original material and/or workmanship. This Service Agreement shall not apply to any other defect or damage, including,
without limitation, any defect or damage which arise from any of the following: (i) use with implements or attachments other than those
recommended by Bubco; (ii) use in a manner other than as recommended by Bubco or for any purpose other than for which it was designed;
(iii) neglect, misuse, modification, alteration, catastrophe, accident, or repair by someone other than an authorized Bubco repairperson; and
(iv) inadequate or improper maintenance.
6. Required Procedures for Agreement. Buyer must comply with the following procedures to obtain any benefits of this Service Agreement: (i)
notify Bubco, by telephone during the Term, of any defect, malfunction, or nonconformity, promptly upon discovery; (ii) Buyer must obtain
authorization from Bubco to return the defective merchandise to Bubco for inspection and a Returned Merchandise Authorization number
("RMA"), which Buyer must enclose with the return of any merchandise to Bubco; and (iii) Buyer shall bear all of the risk and expense relating
to or arising from the return of any merchandise to Bubco. Buyer is responsible for the pre-payment of all shipping and delivery charges
related to the return of any merchandise to Bubco. No COD shipment or delivery will be accepted. Buyer is responsible for obtaining any and
all insurance coverage for the return of any merchandise to Bubco. (iv) All returned items must be clean and free of any chemicals. Buyer shall
be responsible for the reasonable costs and expenses of handling and cleaning any item which is not clean and chemical free, including without
limitation, the cost of labor and materials, as well as the cost of hazardous material testing, handling, and disposal, as needed.
7. Limitations of Liability. BUBCO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM, RELATING TO OR IN CONNECTION
WITH THE ITEM(S) PURCHASED HEREUNDER INCLUDING, WITHOUT LIMITATION (i) ANY LOSS OR DAMAGE TO PERSONS OR PROPERTY, (ii)
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF USE OF EQUIPMENT, OR
LOSS OF CONTRACT, OR (iii) ANY THIRD PARTY CLAIM AGAINST BUYER. IN THE EVENT THAT BUBCO IS FOUND LIABLE TO BUYER THAT
LIABILITY SHALL BE LIMITED TO THE ACTUAL PURCHASE PRICE PAID BY BUYER FOR THE GENUINE BUBCO PART, WHICH CAUSED BUBCO'S
LIABILITY. No action between Buyer and Bubco, regardless of form, arising from, relating to or in connection with the item(s) purchased
hereunder, including any action arising from, relating to or in connection with this Limited Express Warranty, may be brought by either party
more than two years after the cause of action has arisen.