1. The Warranted Product.
This limited warranty applies to the Line Alert™ insertion tool (with a metal handle) that is used to install in the ground the Line Alert™ panel that is approximately 36 inches high, 12 inches wide and 1 inch deep (such tool being herein called the “Tool”, and such panel being herein called the “Panel”), and not to any other Line Alert™ product. For purposes of this warranty, the Tool does not include the compression clips supplied with the Tool. No warranty is provided with respect to the compression clips. THIS LIMITED WARRANTY DOES NOT APPLY TO THE LINE ALERT™ INSERTION TOOL WITH A FIBERGLASS HANDLE.

2. The Recipient of the Limited Warranty.
This limited warranty is provided only to the first purchaser of a Tool from KeiBerg (as defined in item 3 hereof) or from a distributor who has been authorized by KeiBerg to sell Tools (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 uses the Tool – 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 Tool against defects in materials and workmanship, reasonable wear and tear excepted, for a period of one year from purchase; provided that:
a) the Tool is used 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, by implication, the Tool), and whose certifications have not expired;
b) the Tool is only used to insert Panels in the ground, in the manner described in the Training Course, and not for any other purpose whatsoever; and
c) the Tool was not damaged, tampered with, or otherwise misused or abused in any manner whatsoever, unintentionally or otherwise, either prior to or during any installation of a Panel in the ground.
FAILURE TO SATISFY ALL 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 TOOL 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 TOOL 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 Guarantee of Performance.
KEIBERG DOES NOT GUARANTEE PERFORMANCE OF ANY TOOL, as KeiBerg is unable to guarantee proper use of the Tool by any Purchaser. Proper use of the Tool by the Purchaser is necessary for the effectiveness of the Tool, as well as the safety of those using the Tool. THE PURCHASER IS SOLELY RESPONSIBLE TO DETERMINE WHETHER TO PURCHASE AND/OR USE A TOOL WITH A METAL HANDLE OR A FIBERGLASS HANDLE. THE PURCHASER ASSUMES ALL RISK AND LIABILITY OF ANY NATURE OR KIND WHATSOEVER DIRECTLY OR INDIRECTLY RELATED TO ANY USE OF THE TOOL.

7. 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 11 hereof;
b) KeiBerg is provided a reasonable opportunity, at the Purchaser’s sole cost (including freight charges if the Tool needs to be returned to KeiBerg), to inspect the Tool in respect of which a warranty claim is being made by the Purchaser to satisfy itself whether or not that Tool was defective in materials and/or workmanship; and
c) KeiBerg, based on such inspection and in its sole discretion, is satisfied that that Tool 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 Tool (FOB KeiBerg’s nearest warehouse) or the refund by KeiBerg to the Purchaser of the purchase price for the defective Tool. The limited warranty in item 4 hereof will apply to any replacement Tool 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.

8. 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 TOOL, ANY FAILURE TO PERFORM ON THE PART OF ANY TOOL, 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.

9. 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 TOOL 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 TOOL THAT KEIBERG ACKNOWLEDGES, OR THAT A COURT OF COMPETENT JURISDICTION DETERMINES, WAS DEFECTIVE IN MATERIALS AND/OR WORKMANSHIP.

10. 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.).

11. 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 Tool that is alleged to be defective will be required.

12. 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 Tool is the limited warranty that is posted at www.keiberginc.com as of the date of purchase of that Tool.

Line Alert™ Panel Insertion Tool (with Metal Handle) Limited Warranty – Effective Date November 15, 2006