Limited Warranty

Scope of Warranty. CORE Transformers, LLC (“CORE”) warrants to its Customer that each Product shall be free from defects in material, workmanship and title at the time of shipment and shall perform during the Warranty Period in accordance with the Product’s specifications (the “Warranty”). The Warranty Period shall be as set forth in CORE’s Terms & Conditions of Sale or as otherwise agreed to in writing by the parties.

General Exclusions. This Warranty does not cover, and CORE shall have no obligation with respect to, any defect in or failure of a Product that: (1) has been misused, neglected, tampered with, altered, or otherwise damaged, either internally or externally; (2) has been improperly installed, operated, maintained, handled or used, including use under conditions for which the Product was not designed, use in an unsuitable environment, or use in a manner contrary to the Product documentation or applicable industry standards, codes, laws or regulations; (3) has been modified, altered, repaired, or serviced by persons other than CORE, unless such work was performed with CORE’s prior written approval; (4) has been subjected to negligence or accident, including fire, water, generalized corrosion, biological infestations, lightning strike, power surge, or other casualty or force majeure event; (5) has been subjected to damage caused by defects of other components of the electrical system or service; (6) results from normal wear and tear, gradual deterioration, or consumable components that require periodic replacement as part of routine maintenance; or (7) reflects cosmetic damage, including scratches, dents or discoloration, that does not affect the functionality or performance of the Product. The Warranty also shall not apply to any Product that has not been paid for by the due date for payment.

Warranty Claims. To make a claim under this Warranty, Customer must provide written notice to CORE within thirty (30) days after Customer discovers or reasonably should have discovered the defect of performance issue. Failure to provide timely written notice as set forth herein shall constitute a waiver of any claim under the Warranty and shall relieve CORE of all obligations with respect to such claim.

Notice must be sent to: warranty@coretransformers.com. The written notice must include:

1. Customer’s name, address, and contact information;

2. The Product model number and serial number;

3. The Delivery Date and date the Product was first energized or placed into service;

4. A detailed description of the alleged defect or performance issue, including circumstances under which it occurred and photos;

5. Copies of the original purchase order, invoice, and proof of payment; and

6. Any other information reasonably requested by CORE to evaluate the claim.

Upon receipt of a Warranty claim, CORE shall have the right, but not the obligation, to:

1. Inspect the Product, either at Customer’s facility/site during normal business hours upon reasonable advance notice or after return of the Product to CORE’s facilities;

2. Request installation records, maintenance logs, operating data, and other documentation relevant to the claimed warranty issue; and

3. Interview Customer’s personnel involved in the installation, operation, or maintenance of the Product.

CORE shall, within a reasonable time after completing its inspection and receiving all requested information, notify Customer in writing of its determination regarding coverage under the Warranty. CORE’s determination shall be final and binding except as otherwise required by applicable law. In the event that CORE determines that the alleged defect or performance issue is not covered by the Warranty, the Customer shall be responsible for reimbursement of any shipping or freight costs paid by CORE, any return shipping or freight on the Product and a repair/evaluation fee of $2500 per Product.

Remedies. If a defect or performance issue covered by this Warranty occurs during the Warranty Period, CORE, at its sole option and as Customer’s exclusive remedy, shall repair or replace the nonconforming Product or refund the purchase price. Any Product that qualifies for Warranty will be repaired or replaced at the Customer’s site if at all feasible. Customer shall be responsible, and CORE is expressly not responsible, for any charges or costs associated with disassembly/reassembly, disconnection/reconnection, or rigging of the Product to be warrantied or any related or connected equipment.

CORE is not responsible for any costs incurred by Customer for repair or service of the Products that was not approved by CORE in advance.

The Warranty Period for any repaired or replaced Product or component shall be the longer of (i) ninety (90) days from the date of repair or replacement, or (ii) the remainder of the original Warranty Period. Limitations.

1. EXCLUSION OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, DOWNTIME COSTS, COSTS OF SUBSTITUTE EQUIPMENT OR SERVICES, COSTS OF CAPITAL, OR CLAIMS OF CUSTOMER’S CUSTOMERS, ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Cap on Liability. CORE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

3. Allocation of Risk. The provisions of this section allocate the risks under this Warranty between CORE and Customer. This allocation is reflected in the pricing of the Product and is an essential element of the basis of the bargain between the parties.

4. Any dispute arising out of related to this Warranty shall be subject to the choice of law and disputes procedures set forth in CORE’s Terms & Conditions of Sale or as otherwise agreed to by the parties in connection with the Customer’s purchase of the Product(s).

Disclaimer of other Warranties. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CORE EXPRESSLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET FORTH ON THIS DOCUMENT ARE THE SOLE WARRANTIES AVAILABLE TO THE CUSTOMER FOR A WARRANTY CLAIM.

Capitalized terms used but not defined in this Policy shall have the meanings given to such terms in CORE’s Terms and Conditions of Sale.