1. The Warranted Product. This limited warranty applies to the Line Alert™ panel that is approximately 36 inches high, 12 inches wide and 1 inch deep (such product being herein called the “Panel”), and not to any other Line Alert™ product.

2. The Recipient of the Limited Warranty. This limited warranty is provided only to the first purchaser of a Panel from KeiBerg (as defined in item 3 hereof) or from a distributor who has been authorized by KeiBerg to sell Panels (such purchaser being herein called the “Purchaser”).

3. The Provider of the Limited Warranty. This limited warranty is provided by the company within the KeiBerg group of companies that is incorporated in the country in which the Purchaser both purchases and installs the Panel – for example, KeiBerg Canada Inc. in Canada or KeiBerg USA Inc. in the United States – and not by any other company within the KeiBerg group of companies (such company providing the limited warranty being herein called “KeiBerg”).

4. The Limited Warranty. KeiBerg warrants the Panel against defects in materials and workmanship for a period of 1 year from the date or purchase provided that:
a) the Panel is both installed and excavated by one or more individuals who have satisfactorily completed the training course for the Panel (the “Training Course”), who have accordingly been certified in the use of the Panel, and whose certifications have not expired;
b) the Panel is properly installed and properly excavated, as contemplated in the Training Course, keeping in mind that THE PANEL IS NOT A REPLACEMENT FOR SAFE WORK PRACTICES;
c) the Panel is continuously stored in a cool, dry location between its purchase and its installation in the ground; and
d) the Panel was not damaged, tampered with, or otherwise misused or abused in any manner whatsoever, unintentionally or otherwise, either prior to or during its installation.
FAILURE TO SATISFY ANY OF THESE CONDITIONS WILL VOID THIS LIMITED WARRANTY.

5. No Other Representations, Warranties or Conditions. THE LIMITED WARRANTY IN ITEM 4 HEREOF IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY KEIBERG. KEIBERG ALSO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING NONINFRINGEMENT BY THE PANEL OF THIRD PARTY RIGHTS OF ANY NATURE OR KIND WHATSOEVER. NO THIRD PARTY, INCLUDING A KEIBERG DISTRIBUTOR, IS AUTHORIZED TO PROVIDE ANY REPRESENTATION, WARRANTY OR CONDITION TO ANY PURCHASER REGARDING THE PANEL WITH THE EXCEPTION OF THE LIMITED WARRANTY IN ITEM 4 HEREOF, AND ANY OTHER REPRESENTATION, WARRANTY OR CONDITION SO PROVIDED IS NOT BINDING ON KEIBERG IN ANY MANNER WHATSOEVER.

6. No Limited Warranty if Excavation with Heavy Equipment within 12 inches. THE LIMITED WARRANTY IN ITEM 4 HEREOF SHALL NOT APPLY IN THE EVENT THAT, DURING EXCAVATION, THE EXCAVATOR OR OTHER PIECE OF HEAVY EQUIPMENT DOING THE EXCAVATION CONTACTS THE RED PORTION OF THE PANEL (THAT IS, THE LOWER 12 INCHES). KEIBERG STRONGLY RECOMMENDS THAT EXCAVATION WITH HEAVY EQUIPMENT CEASE NO LATER THAN APPROXIMATELY 14 INCHES FROM THE UNDERGROUND OBJECT THAT IS BEING EXCAVATED.

7. No Guarantee of Performance. KEIBERG DOES NOT GUARANTEE PERFORMANCE OF ANY PANEL, as KeiBerg is unable to guarantee proper use of the Panel by any Purchaser. Proper storage, installation and excavation of the Panel by the Purchaser is necessary for the effectiveness of the Panel, as well as the safety of those using the Panel. THE PURCHASER IS SOLELY RESPONSIBLE TO DETERMINE THE SUITABILITY OF THE PANEL FOR ANY INTENDED USE. THE PURCHASER ASSUMES ALL RISK AND LIABILITY OF ANY NATURE OR KIND WHATSOEVER DIRECTLY OR INDIRECTLY RELATED TO ANY USE OF THE PANEL.

8. Exclusive Remedy and Obligation. In the event that:
a) an alleged breach of the limited warranty in item 4 hereof is brought to KeiBerg’s attention by the Purchaser in writing within the applicable warranty period and in accordance with the warranty claim procedure referred to in item 12 hereof;
b) KeiBerg is provided a reasonable opportunity, at the Purchaser’s sole cost (including freight charges if the Panel needs to be returned to KeiBerg), to inspect the Panel in respect of which a warranty claim is being made by the Purchaser to satisfy itself whether or not that Panel was defective in materials and/or workmanship; and
c) KeiBerg, based on such inspection and in its sole discretion, is satisfied that that Panel was defective in materials and/or workmanship;
KeiBerg’s sole and exclusive obligation shall be, at KeiBerg’s option, either the supply by KeiBerg to the Purchaser of a replacement Panel (FOB KeiBerg’s nearest warehouse) or the refund by KeiBerg to the Purchaser of the purchase price for the defective Panel. The limited warranty in item 4 hereof will apply to any replacement Panel supplied by KeiBerg to the Purchaser. The foregoing states the Purchaser’s sole and exclusive remedy for breach of the limited warranty herein, for any tortious act or omission on the part of KeiBerg or for any other cause of action of any nature or kind whatsoever.

9. No Liability for Indirect Damages. REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, KEIBERG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM ANY USE OF OR ANY INABILITY TO USE ANY PANEL, ANY FAILURE TO PERFORM ON THE PART OF ANY PANEL, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST THE PURCHASER BY ANY THIRD PARTY, EVEN IF KEIBERG MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR IF SUCH LOSSES OR DAMAGES WERE REASONABLY FORESEEABLE.

10. Limited Liability for Direct Damages. REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, KEIBERG’S MAXIMUM CUMULATIVE LIABILITY FOR THE PURCHASER’S DIRECT LOSSES OR DAMAGES ARISING OUT OF OR RESULTING IN ANY MANNER WHATSOEVER FROM THE PURCHASE OF ANY PANEL AND/OR ITS USE, INABILITY TO BE USED OR FAILURE TO PERFORM SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE PURCHASER FOR ANY PANEL THAT KEIBERG ACKNOWLEDGES, OR THAT A COURT OF COMPETENT JURISDICTION DETERMINES, WAS DEFECTIVE IN MATERIALS AND/OR WORKMANSHIP.

11. Governing Law. The governing laws that are applicable to this limited warranty and any warranty claim pursuant hereto shall be the laws in force in the province of Manitoba (where the company providing this limited warranty is KeiBerg Canada Inc.) or the laws in force in the state of New York (where the company providing this limited warranty is KeiBerg USA Inc.).

12. Warranty Claim Procedure. All warranty claims must be made in accordance with the processes and procedures described at www.keiberginc.com.  Proof of purchase of the Panel that is alleged to be defective will be required.

13. Changes to the Limited Warranty. KeiBerg reserves the right to change this limited warranty at any time and from time to time. Changes will be posted at www.keiberginc.com, and will also be appropriately date-stamped. The limited warranty that will apply to any particular Panel is the limited warranty that is posted at www.keiberginc.com as of the date of installation of that Panel in the ground.

Line Alert™ Panel Limited Warranty – Effective Date April 27, 2007