Warranty

8.2 In the event that Buyer timely and properly reports a deficiency as required hereunder,
Jakob shall correct the deficiency and Buyer agrees to provide Jakob with a reasonable period
of time to do so.
8.3 Jakob shall not be responsible for any fees, penalties, back charges or damages due to
any error or mistake made by Buyer in submitting its order.
9. Return of Goods
9.1 Goods ordered by and delivered to Buyer are not returnable to Jakob absent an express
written agreement to do so. Any goods returned to Jakob must be unused and in new
condition. All returned goods shall be subject to a twenty percent (20%) restocking fee; and
all fees and costs relating to return of the goods shall be paid by Buyer. Notwithstanding the
foregoing, custom manufactured products, swaged fittings on cables, Webnet products, and
spools of rope or wire are not eligible for return. No returns shall be accepted by Jakob
more than ninety (90) days from the date of sale.
10. Guarantee, Liability for Deficiencies
10.1 Jakob guarantees its goods and services to be free from defects as more particularly set
forth in this Section 10 for a period of twenty-four (24) months (the “guarantee period”).
The guarantee period shall commence on the date that the goods depart from Jakob’s
warehouse or factory and shall expire after a period of twenty-four (24) months. In the
event of any defect or deficiency in Jakob’s goods or services, Buyer’s rights and remedies
shall be exclusively limited to those identified in this Section 10, unless otherwise expressly
agreed in in writing between the Buyer and Jakob.
10.2 Jakob agrees to repair or replace, at its sole discretion, all goods and deliverables
manufactured by Jakob that are proven to be defective or to have become damaged due to
defective material, faulty manufacture or deficient workmanship, through the expiration of
Jakob’s guarantee period. Any goods replaced under this guarantee shall be returned and
become the property of Jakob. This guarantee shall become void for any of the following
reasons: (a) if Buyer or any third-party undertakes any unauthorized modification or repair
of the subject goods; (b) if the goods are used in an unreasonable manner; (c) if the goods
are used in a manner other than as specified by the plans and specifications of the project
or other than as specified by Jakob; (d) if Buyer fails to promptly provide Jakob a
reasonable opportunity to cure the alleged defect or deficiency; (e) if the Buyer fails to
immediately take all reasonably available steps to restrict and mitigate damages. While
Jakob guarantees its products against certain defects and deficiencies, under no
circumstances shall Jakob’s guarantee extend to any resulting damages to other property
or to any consequential damages. Nor shall Jakob’s guarantee extend too any damages
incurred by third-parties.
10.3 In the event that Jakob has expressly and in writing assured Buyer of certain special
properties applicable to the goods supplied (i.e., properties not otherwise associated with
Jakob’s product), Jakob’s express assurances of special properties shall apply only until