Gentex Corporation Limited Warranty GENTEX CORPORATION LIMITED WARRANTY Unless an individual product is covered by a separately issued warranty, Gentex warrants that all unaltered ballistic helmet shells (“Ballistic Products”) will be free from defects in material or workmanship under normal use and service for a period of five (5) years from the date of delivery when installed properly and used normally and in accordance with written operating instructions, if any (“Ballistic Limited Warranty”). Unless an individual product is covered by a separately issued warranty, Gentex warrants that all unaltered Gentex manufactured products which do not fall under the Ballistic Limited Warranty, including non-ballistic helmets, helmet components, helmet accessories, industrial safety products, respirators, peripherals, and parts (“Other Products”, Other Products and Ballistic Products shall be referred to herein collectively as “Products”) will be free from defects in material or workmanship under normal use and service for a period one (1) year from the date of delivery when installed properly and used normally and in accordance with written operating instructions, if any (“General Product Limited Warranty”) (collectively, the Ballistic Limited Warranty and the General Product Limited Warranty are referred to as the “Limited Warranty”). All repair covered by this Limited Warranty shall be performed at Gentex’s factory, or other such warranty repair facilities of Gentex as designated by Gentex, unless Gentex specifically directs that repair services be performed at another location. All Products returned under this Limited Warranty must be returned within sixty (60) days of generation of a Return Material Authorization (RMA) by Gentex. Any defect corrected and found to be within this scope of the Limited Warranty will be repaired by Gentex and all charges for labor and material will be borne by Gentex. If it is determined that either no fault exists in Gentex, or the damage to be repaired was caused by negligence of the user, its agents, employees or customers, Buyer or its customer agrees to pay all charges associated with each such repair. No statement, recommendation or assistance made or offered by Gentex through its representatives to the Buyer, the user, its agents, employees, or customers in connection with the purpose or intended use of any Product shall be or constitute a waiver by Gentex of any of the provisions of this Limited Warranty or change Gentex’s liability under this Limited Warranty. This Limited Warranty only applies to proper use of the Products and applies only to Products manufactured by or for Gentex that can be identified by trademarks, trade names or logos owned by Gentex or its affiliates. This Limited Warranty does not apply to or cover: (a) defects or damage caused by or resulting from external causes including, but not limited to, accident, carrier handling, improper packaging in shipment, abuse, neglect, unusual physical stress, cosmetic damage, flood, fire, earthquake or any other natural disasters; (b) normal wear and tear; (c) any modification of any part of the Products; (d) damage caused by using the Products outside the permitted or intended uses described by Gentex or written instructions; (e) malfunctions resulting from the use of the Products with accessories, products or ancillary/peripheral equipment not furnished or approved by Gentex; (f) defects or damage caused by improper testing, operation, maintenance, installation or adjustment; or (g) defects or damage caused by installation and/or service performed by anyone who is not authorized by Gentex. No Gentex supplier, distributor, Buyer, officer, agent, or employee is authorized to make any modification, extension, change or amendment to this Limited Warranty without express prior written consent and authorization of Gentex. Gentex reserves the right to make improvements or changes to its Products at any time without incurring any obligation to Buyer, suppliers, distributors, or customers who previously purchased Products directly or indirectly from Gentex. EXCEPT AS SET FORTH IN THE EXPRESS LIMITED WARRANTY CONTAINED HEREIN, BUYER AND ITS CUSTOMERS TAKE THE PRODUCT “AS IS”. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS BEYOND THOSE STATED IN THIS LIMITED WARRANTY. GENTEX DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING CONTAINED IN ANY WRITTEN INSTRUCTIONS OR OPERATION MANUAL OR CATALOGUE SHALL BE CONSTRUED TO CREATE A WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCTS. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GENTEX SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY OF ANY KIND, OR FROM ANY LOSS OF TIME, INCONVENIENCE, OR LOSS OF USE, INCLUDING ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE USE, INSTALLATION AND/OR PERFORMANCE OF THE PRODUCTS, WHETHER SUFFERED BY A SUPPLIER, DISTRIBUTOR, BUYER, CUSTOMER, OR ANY OTHER PARTY AND REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, EVEN IF GENTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT OTHERWISE LIMITING THE FOREGOING, IN NO EVENT SHALL RECOVERY OF ANY KIND AGAINST GENTEX BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCTS. THIS WARRANTY GIVES YOU LIMITED AND SPECIFIC LEGAL RIGHTS.
