WARRANTY POLICY

GOODS AND SERVICES SOLD BY APPLIED INDUSTRIAL TECHNOLOGIES, INC. OR ITS AFFILIATED COMPANIES ("SELLER") ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS OF SALE AVAILABLE UPON REQUEST AND ON SELLER’S WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN. GOODS ARE SOLD EXCLUSIVELY FOR COMMERCIAL AND INDUSTRIAL USE AND NOT FOR CONSUMER PURPOSES; THE MAGNUSON-MOSS WARRANTY ACT DOES NOT APPLY.

WARRANTY

Services performed directly by SELLER

SELLER warrants, for a period of ninety (90) days from the date performance is completed, that all services directly performed by it will be performed in accordance with applicable industry standards prevailing at the time of performance. If any of the services do not comply with the foregoing warranty and Buyer notifies SELLER in writing within ninety (90) days of the date of SELLER’s performance, Buyer’s sole remedy and SELLER’s sole obligation shall be to re-perform the nonconforming service or refund the price allocable to the non-conforming service, at SELLER’s sole option, and such remedy shall not include any deinstallation, reinstallation, or any other costs.

Services performed by others

Services provided by third-party contractors are subject exclusively to such warranties as are extended by the third-party contractor. SELLER will provide all reasonable assistance to Buyer in obtaining the benefits of applicable third-party contractors’ warranties, including forwarding warranty claims to such contractors within thirty (30) days of receipt from Buyer; provided, however, that SELLER shall have no liability if the third-party contractor refuses or is unable to honor such warranty.

Goods manufactured by SELLER

SELLER warrants, for a period of one (1) year from the date of shipment to Buyer, that all goods, materials and components (hereinafter collectively “Goods”) manufactured directly by SELLER will be free from defects in workmanship under normal use and service, provided that Goods are returned to SELLER for inspection within one year of the date of shipment to Buyer. Buyer’s sole remedy and SELLER’s obligation is limited to the refund, repair, or replacement of any such Goods found to be defective in workmanship, at SELLER’s sole option, and such remedy shall not include any deinstallation, reinstallation, or any other costs. Goods assembled by SELLER from materials or components manufactured by others shall be warranted for a period of ninety (90) days from the date of shipment to Buyer against defects in SELLER's assembly workmanship only; the underlying materials and components shall be covered exclusively by the warranties as may be extended by such manufacturers. Buyer is responsible for maintenance and use in accordance with manufacturer instructions and industry standards.

Goods manufactured by others

SELLER warrants that all Goods manufactured by others are sold exclusively with such warranties as may be extended by the manufacturer of such Goods. SELLER will provide all reasonable assistance to Buyer in obtaining the benefits of applicable manufacturers’ warranties, including forwarding warranty claims to such manufacturers within thirty (30) days of receipt from Buyer; provided, however, that SELLER shall have no liability if the manufacturer refuses or is unable to honor such warranty. Buyer acknowledges that manufacturer warranties may begin running from the date of manufacture or shipment to SELLER, rather than from the date of delivery to Buyer, and that some warranty coverage may have expired by the time Buyer receives the Goods.

Warranty Exclusions

Buyer shall promptly notify SELLER in writing, and in no event later than ten (10) days after Buyer becomes aware of any property damage, personal injury, safety incident, or regulatory inquiry related to Goods or services provided by SELLER.

Pursuant to a particular scope of work, SELLER may sell Goods and Services involving equipment, hardware, integrated system module, software and/or software-as-a-service (SaaS). Buyer acknowledges and agrees that it shall have no right to receive from SELLER, and SELLER shall have no obligation to deliver to Buyer, the source code form of any background intellectual property embedded or otherwise integrated in the equipment or hardware. Buyer shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or SaaS provided by SELLER. SELLER AND ITS THIRD-PARTY PROVIDER(S), AS APPLICABLE, DO NOT REPRESENT OR WARRANT THAT THE GOODS AND SERVICES WILL MEET BUYER’S BUSINESS OR OTHER REQUIREMENTS, OR THAT THE GOODS AND SERVICES WILL BE ERROR-FREE, VIRUS-FREE, OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE RELIABLE, ACCURATE, OR CURRENT. SELLER AND ITS THIRD-PARTY PROVIDER(S), AS APPLICABLE, DO NOT WARRANT THAT THE RECEIPT OF DATA FROM GOODS AND SERVICES WILL BE UNINTERRUPTED OR THAT ACCESS TO DATA WILL ALWAYS BE TIMELY, NOR DO THEY GUARANTEE THAT BUYER EQUIPMENT WILL NOT BREAK DOWN OR SUFFER ADVERSE EFFECTS FROM THE GOODS AND SERVICES. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE INTEGRATED SYSTEM MODULE, HARDWARE, SOFTWARE OR SAAS OR THE USE OR OTHER DEALINGS IN SUCH INTEGRATED SYSTEM MODULE, HARDWARE, SOFTWARE OR SAAS.

The above-referenced warranties are only extended to Buyer, and not to Buyer’s customers, and do not cover Buyer-furnished or selected designs, Goods equipment, specifications, or services , and do not apply to any SELLER Goods or services or parts thereof which SELLER determines: (1) to have been improperly installed or repaired; (2) to have been altered or modified in any way; (3) to have been subjected to misuse, abuse, excessive external forces, negligence or accident; (4) to have been installed, stored, used, or operated in a manner contrary to manufacturer’s instructions, specifications and drawings, outside the specified design conditions, or not used in accordance with normal operating and maintenance instructions or industry standards; (5) are purchased as used Goods, a prototype or a sample; or (6) resulted from normal wear and tear, corrosion or erosion. Each of the foregoing shall act to void any existing warranty and could result in property damage and/or personal injury.

Unless expressly stated in writing by SELLER, Goods do not meet any agency approvals or certifications (e.g., UL, CE, etc.), regulatory requirements (e.g., TSCA, Prop65, RoHS, REACH, NEMA, etc.), quality requirements (e.g., ISO, ANSI, etc.), or product-related compliance information (e.g., Country of Origin), even if such Goods were derived from a standard product with such agency or regulatory approvals, certifications, or information. Upon written request by Buyer, SELLER will use commercially reasonable efforts to provide a compliance statement that is based solely upon the relevant vendor/manufacturer’s certification to SELLER. Any such request may be at an additional cost to the Buyer. Specific and additional testing to verify compliance may be performed at Buyer’s written request at an additional cost to Buyer.

EXCEPT TO THE EXTENT EXPRESSLY AGREED BY SELLER IN A SEPARATE WRITING WHICH FULLY OUTLINES BUYER’S SPECIFIC APPLICATION CONDITIONS AND PERFORMANCE PARAMETERS, ALL OF WHICH SHALL BE DISCLOSED AND CERTIFIED BY BUYER IN WRITING, SELLER SHALL NOT BE RESPONSIBLE FOR DESIGN (INCLUDING FAILURE TO WARN), BUYER’S SPECIFICATIONS, OR USE OF GOODS, INCLUDING WITHOUT LIMITATION, USES THAT ARE NOT APPROVED BY SELLER OR APPLICABLE GOVERNMENTAL AGENCIES, OR USES THAT DO NOT CONFORM TO APPLICABLE WARNINGS AND INSTRUCTIONS.

LIMITATION OF LIABILITY

SELLER takes no responsibility for Goods selection, operation, and use, regardless of any recommendations or suggestions made by the SELLER. Buyer shall make selections based upon its own analysis with regard to function, material compatibility, fitness for use or intended purpose, and Goods ratings. Any such analysis, including testing, shall be the sole responsibility of Buyer. Proper installation, operation, and maintenance are solely the responsibility of Buyer or its customer. Any specifications listed in SELLER’s datasheets, catalog and website are for reference only and are subject to change without notice. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SELLER’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF, OR CONNECTED WITH ANY GOODS OR SERVICES SUPPLIED HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE OF GOODS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHER GROUNDS, SHALL NOT EXCEED THE PRICE ALLOCABLE TO SUCH GOODS OR SERVICES OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. This limitation of liability reflects a deliberate and bargained-for allocation of risks between SELLER and Buyer and constitutes the basis of the parties’ bargain, without which SELLER would not have agreed to the price or terms of this agreement. SELLER shall not under any circumstances, be liable for any labor charges without its prior written consent. SELLER SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHER GROUNDS FOR CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, CONTINGENT, SPECIAL, LIQUIDATED, OR PUNITIVE DAMAGES including, but not limited to, loss of profits or revenue, loss of use of Goods or associated Goods, cost of capital, cost of substitute Goods, facilities or services, downtime costs, or claims of customers of Buyer for such damage. If SELLER furnishes Buyer with advice or other assistance regarding any Goods or services supplied hereunder, or any system or equipment in which any such Goods may be installed, and which is not required pursuant to this agreement, the furnishing of the advice or assistance will not subject SELLER to any liability, whether based on agreement, warranty, tort (including negligence or indemnity) or other grounds. BUYER AGREES TO DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY THIRD-PARTY CLAIMS ARISING OUT OF THE USE, RESALE, OR LEASE OF SAID FURNISHED GOODS OR SERVICES.

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