Counter-Seal^® Ring/Ring in Board

1.    Manufacturer’s Warranty

THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, MADE BY COUNTER-SEAL CORP. ON THE COUNTER-SEAL^® PRODUCT, EXCEPT THE MANUFACTURER’S WARRANTY AGAINST DEFECTS, MATERIAL AND WORKMANSHIP SET OUT BELOW.

Counter-Seal Corp. (the “Company”) warrants the Counter-Seal^® product (the “Product”) to be free from defects in material and workmanship. The Company’s obligation and liability under this Warranty is limited to replacing, free of charge, at its factory, any part proving defective under normal use and service within 12 months of the date of initial sale.  This Warranty is in lieu of all other warranties, expressed or implied, and the obligation and liability of the Company under this Warranty shall not include any transportation or other charges or any liability for direct, indirect or consequential damages or delay resulting from the defect.  This Warranty is expressly subject to the limitation of liability set out below.

      THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF THE COMPANY.

2.    Limitation of Liability

       a)     This Warranty is only effective for Canadian-resident customers purchasing the Product directly from the Company or its authorized distributors (the “Customer”).

       b)     This Warranty is only effective if the Customer has properly installed the Product in accordance with the instructions of the Company, including the use of an adhesive recommended by the Company, and properly maintained the Product, and the Customer has complied with all service requirements and recommendations of the Company and its representatives and agents relating to the Product.  This Warranty does not cover parts furnished to make repairs required as a result of improper or careless installation or use practices, willful or accidental damage or normal wear and tear.

       c)     The Company will not allow claims under this Warranty unless the Customer notifies the Company in writing of the defect before the expiration date of this Warranty and the Customer has retained all alleged defective Products for inspection by the Company or its representatives or agents.

      d)     The liability of the Company under this Warranty is limited to the repair or replacement of defective parts as provided herein.  The Company, its employees, directors, officers and agents shall not, under any circumstances, be liable for any personal injuries (including death) to any person (including the Customer or any subsequent purchaser) or for any loss or damage either direct, indirect or consequential (including economic loss, loss of profit, loss of production, loss of markets or loss of opportunity), whether to the Product or to any other property of the Customer or subsequent purchaser or any other third party, or any other property, whether or not such loss or damage is caused or contributed to or by the ownership, delivery, operation, possession of the Product, or by any defect therein, or by any other cause or reason, whatsoever, including, without limitation, the negligence or default of the Company, its employees, directors, officers or agents.

      e)     This Warranty cannot be transferred or assigned by the Customer.

       f)      No fabricator, distributor, installer, dealer, representative, agent or employee of the Company has the authority to modify the obligations or limitations of this Warranty.

01/10/98