Attachment 4 70Z08526DLREP0003 Service Parts Warranty V-SP-2303.pdf

ROLLS-ROYCE SOLUTIONS AMERICA INC.

SERVICE PARTS

LIMITED WARRANTY

REV NO. V-SP-2303

Rolls-Royce Solutions America Inc. (“RRSA”) issues the following express Limited Warranty subject to the following terms, conditions and limitations:

An owner (“Owner”) who purchases an RRSA service part (“Part”) from RRSA is entitled to coverage under this Limited Warranty.

RRSA warrants to the Owner that the Part is free of defects in material and workmanship under normal use at the time of dispatch from the RRSA manufacturing facility. Any nonconformity to the foregoing is defined as a Warrantable Defect. This Limited Warranty applies to Parts shipped by RRSA after May 1, 2020.

1. Limited Warranty Period

Limited Warranty Period. The Limited Warranty Period for a Warrantable Defect is (i) twelve (12) months from the date the Part is installed on a RRSA engine by an authorized RRSA service outlet or by RRSA, or (ii) twelve (12) months from the date the Part is sold on “over the counter” purchases, whichever occurs first.

2. Disclaimers

3. RRSA Responsibilities

If a Warrantable Defect is found during the Limited Warranty Period, and provided the Owner has complied with its obligations under Section 4, RRSA will, during normal working hours, through RRSA’s authorized distributor, dealer or service outlet, perform some or all of the following:

(a) Repair or replace, at RRSA’s sole election, the defective part with a new or remanufactured replacement part;

LIMITATION OF WARRANTIES: THIS LIMITED WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES NOT SPECIFIED HEREIN.

THIS LIMITED WARRANTY, THE OBLIGATIONS OF RRSA AND THE RIGHTS AND REMEDIES OF THE OWNER SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND ARE EXPRESSLY IN LIEU OF, AND THE OWNER HEREBY WAIVES AND RELEASES ALL OTHER OBLIGATIONS, WARRANTIES (INCLUDING WARRANTY AGAINST REDHIBITORY DEFECTS), REPRESENTATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE PERFORMANCE OF THIS LIMITED WARRANTY OR FROM THE DESIGN, MANUFACTURE, SALE, REPAIR, LEASE OR USE OF THE ENGINE, THE PART OR ANY COMPONENT THEREOF AND SERVICES DELIVERED OR

RENDERED HEREUNDER OR OTHERWISE.

IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, ALLEGED NEGLIGENCE, OR OTHERWISE, SHALL RRSA BE SUBJECT TO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION TO DAMAGE TO THE ENGINE AND/OR PART, OR OTHER PROPERTY, COMMERCIAL LOSSES, LOST PROFITS, LOSS OF USE, INCONVENIENCE, LOSS OF TIME, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, OR CLAIMS OF CUSTOMERS.

RRSA’S AGGREGATE TOTAL LIABILITY RELATING TO THE ENGINE AND/OR PART UNDER THIS LIMITED WARRANTY OR UNDER ANY OTHER CLAIM (IN CONTRACT, TORT, OR OTHERWISE) MADE IN CONNECTION WITH THE SALE OR USAGE OF THE ENGINE AND/OR PART IS LIMITED TO THE DOLLAR AMOUNT OF THE OWNER’S

ORIGINAL PAYMENT MADE FOR THE PART.

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(b) Replace lubricating oil, filters, antifreeze and other consumable service items rendered unusable by the Warrantable Defect;

(c) Provide reasonable or customary labor needed to correct the Warrantable Defect;

(d) Provide reasonable technician travel time to and from the closest RRSA authorized distributor, dealer or service outlet to the Part location;

(e) Part removal and re-installation, if necessary and as solely determined by RRSA.

If RRSA repairs or replaces a Part under this Limited Warranty, the repaired or replaced Part assumes the unexpired portion of the warranty period remaining from the original Part. Repair or replacement of a Part will not extend the term of the original Limited Warranty Period. Parts replaced shall become the property of RRSA.

RRSA’s failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of such provision or of any other terms and conditions of this Limited Warranty.

4. Owner Responsibilities

During the Limited Warranty Period, the Owner is responsible for, and RRSA will not reimburse for the following:

(a) Premium or overtime labor costs;

(b) Labor and material costs for engine removal and reinstallation;

(c) Transportation costs or travel expenses related to delivery of the engine to the designated distributor, dealer or service outlet;

(d) Incidental and consequential costs, damages or administrative expenses of whatever nature;

(e) Non-engine repairs, vehicle damage, “downtime” expenses, cargo damage, fines, lost income, any business costs of any kind, Owner’s travel expenses and other losses resulting from a Warrantable Defect;

(f) Shipping charges for replacement parts/engine in excess of those which are usual and customary; or

(g) Local taxes, if applicable.

In addition, Owner must:

(a) Operate, use and maintain the engine and/or Part in accordance with the applicable Owner’s manual and/or any other manuals specified by RRSA, including without limitation handling, inspection, servicing or operating instructions;

(b) Promptly notify RRSA or its authorized representative of a Warrantable Defect and make the engine and/or Part available for repair;

(c) Comply with RRSA’s or RRSA’s authorized representative’s reasonable directions regarding the timing, sequence and location of warranty repairs and make the engine and/or Part available for inspection;

(d) Perform all required maintenance and maintain and provide proof that all required maintenance has been performed;

(e) Use RRSA specified consumables such as fuel, oil, and coolant;

(f) Allow RRSA access to all electronic data stored in the Engine Electronic Control Module, as applicable;

(g) Promptly return to RRSA all parts replaced under this Limited Warranty;

(h) Comply with RRSA’s long term storage guidelines, if applicable, and maintain and provide proof of compliance; and

(i) Reimburse RRSA for all costs incurred in providing warranty service where, following examination, the request or claim for warranty coverage proves to be unfounded or excluded, as well as all incidental costs including those incurred investigating the claim.

5. Limitations

RRSA is not responsible, and this Limited Warranty is not available under any circumstances, for any of the following:

(a) Failure of Owner to fulfill its obligations under Section 4;

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(b) Defects which were obvious or capable of being identified by reasonable inspection and not reported to RRSA within three (3) days of receipt of the Part;

(c) Defects caused or potentially caused by service work performed by non-RRSA authorized service providers and/or the use of non-genuine RRSA parts;

(d) Defects resulting from natural wear and tear or external action, negligence, natural disasters, accidents, incorrect use, improper handling or storage or inadequate corrosion-proofing, incorrect assembly or instal-lation or modification of the Part, or chemical, electrical or other harmful effects;

(e) Defects resulting from abuse or neglect, including unauthorized modifications to the engine and/or Part;

(f) Repair or any use or installation which RRSA determines, in its sole discretion, to be improper;

(g) Defects caused by use of incorrect oil or fuel or by water, dirt or other contaminants in the fuel or oil;

(h) Defects resulting from Owner’s delay in making the engine and/or Part available after being notified of a potential problem or failure to take immediate measures to avoid or mitigate damage;

(i) Damage to parts, fixtures, housings, attachments, and accessory items, which are not part of the engine and/or Part, or transmission (if supplied by RRSA), including any other manufacturer’s products packaged and sold by RRSA;

(j) Repair of parts sold by RRSA that are warranted directly to the Owner by the respective part’s manufacturer;

(k) Engines and/or Parts operating for duty periods outside of the definition of their application group;

(l) Any failure, other than those resulting from a defect in material or factory workmanship of the Part;

(m) Use of the engine and/or Part for purposes other than those for which it was intended, including without limitation use of the engine and/or Part under extraordinary operating conditions not made known to RRSA in writing at the time of the order; or

(n) Material provided by or a design specified by the Owner.

6. Software Warranty. Where software is included in the Part, RRSA warrants to the Owner that the software will be substantially free from material program errors and material defects in material and workmanship and that it shall function substantially in accordance with RRSA’s specification at the time of dispatch from the RRSA manufacturing facility. RRSA does not warrant that the software is error-free or free from “bugs” as commonly categorized by the computer industry.

RRSA shall, during the Limited Warranty Period, endeavor to remedy at its cost by repair or replacement of any material program errors or material defects of which Owner has promptly notified RRSA. RRSA shall have no obligation with respect to any nonconformities resulting from unauthorized modifications to the software or any Owner interfacing.

7. Emissions Warranty. The Part may be covered under an emissions warranty specified by the U.S. Environmental Protection Agency and/or the California Air Resources Board. The terms of the warranty, if applicable, may be accessed by following the link: http://www.mtu-online.com/mtu-northamerica/technical-info/emissions-warranty/. Any such Emissions Warranty is incorporated herein by reference in its entirety to the extent and with the same force as if fully set forth herein. The Part, if certified, may only be certified to comply with the required country or region specific emission regulations. Where applicable, the Part is only certified to those specific emission regulations/standards which are clearly stated in the respective RRPS/RRSA defined technical specifications. IT IS THE OWNER’S SOLE RESPONSIBILITY TO ENSURE THAT THE EXPORT/IMPORT, INSTALLATION AND USE OF THE PART(S) COMPLIES WITH THE APPLICABLE EMISSION REGULATIONS

IN THE COUNTRY OR REGION WHERE THE PART(S) WILL BE USED.

8. The Owner is entitled to rectify the defect or to have it rectified by third parties only in urgent cases where operational safety is at risk or in order to prevent disproportionately extensive damage; provided that Owner has informed RRSA and obtained RRSA's prior written consent. In such cases, RRSA shall, in its sole discretion, reimburse the costs incurred by the

Owner up to an amount equivalent to the costs RRSA would have incurred had it remedied the defect itself.

9. This Limited Warranty gives the Owner specific legal rights, and the Owner may also have other rights, which vary from state to state. Some states do not allow warranty duration limitations and/or certain exclusions or limitation of incidental or consequential damages. Therefore, the previously expressed exclusion(s) may not apply to Owner. If any one or more of the provisions contained in this Limited Warranty shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained therein shall not in any way be affected or impaired thereby.

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10. This Limited Warranty is governed by the laws of the State of Michigan without regard to its conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. Any and all disputes between the parties that may arise pursuant to the sale or use of the Engine shall be heard and determined before an appropriate state of federal court located in Oakland County, Michigan. The Owner acknowledges that such court has the jurisdiction to interpret and enforce the provisions herein, and Owner waives any and all objections that it may have as to personal jurisdiction or venue in any of the above courts.

11. In order to obtain performance of a RRSA warranty obligation, the Owner should contact the nearest RRSA authorized distributor, dealer or service outlet for instructions. To find the location of the nearest RRSA authorized distributor, dealer or service outlet call 248-560-8000 or write to: Rolls-Royce Solutions America Inc. Warranty Department, 39525 MacKenzie

Drive, Suite 100, Novi, MI 48377.