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14 GUARANTEE

GENERAL EMISSIONS WARRANTY COVERAGE:

Jacobsen warrants to the ultimate purchaser and each subsequent purchaser that the equipment
is: Designed, built and equipped so as to conform with all applicable regulations; and
Free from defects in materials and workmanship that cause the failure of a warranted part to be
identical in all material respects to that part as described in Jacobsen’s application for certification.

The warranty period begins on the date the equipment is delivered to an ultimate purchaser or first
placed into service. The warranty period is two years.

Subject to certain conditions and exclusions as stated below, the warranty on emission-related
parts is as follows:

(1)

Any warranted part that is not scheduled for replacement as required maintenance in

the written instructions supplied, is warranted for the warranty period stated above. If
the part fails during the period of warranty coverage, the part will be repaired or
replaced by Jacobsen according to subsection (4) below. Any such part repaired or
replaced under warranty will be warranted for the remainder of the period.

(2)

Any warranted part that is scheduled only for regular inspection in the written

instructions supplied is warranted for the warranty period stated above. Any such part
repaired or replaced under warranty will be warranted for the remaining warranty
period.

(3)

Any warranted part that is scheduled for replacement as required maintenance in the

written instructions supplied is warranted for the period of time before the first
scheduled replacement date for that part. If the part fails before the first scheduled
replacement, the part will be repaired or replaced by Jacobsen according to subsection
(4) below. Any such part repaired or replaced under warranty will be warranted for the
remainder of the period prior to the first scheduled replacement point for the part.

(4)

Repair or replacement of any warranted part under the warranty provisions herein must

be performed at a warranty station at no charge to the owner.

(5)

Notwithstanding the provisions herein, warranty services or repairs will be provided at

all of our distribution centers that are franchised to service the subject engines or
equipment.

(6)

The equipment owner will not be charged for diagnostic labor that is directly associated

with diagnosis of a defective, emission-related warranted part, provided that such
diagnostic work is performed at a warranty station.

(7)

Jacobsen is liable for damages to other engine or equipment components proximately

caused by a failure under warranty of any warranted part.

(8)

Throughout the equipment warranty period stated above, Jacobsen will maintain a

supply of warranted parts sufficient to meet the expected demand for such parts.

(9)

Any replacement part may be used in the performance of any warranty maintenance or

repairs and must be provided without charge to the owner. Such use will not reduce the
warranty obligations of Jacobsen.

(10)

Add-on or modified parts that are not exempted by the Air Resources Board may not be

used. The use of any non-exempted add-on or modified parts by the ultimate purchaser
will be grounds for disallowing a warranty claims. Jacobsen will not be liable to warrant
failures of warranted parts caused by the use of a non-exempted add-on or modified
part.

(11)

Jacobsen shall provide any documents that describe the warranty procedures or

policies within five working days of request by the Air Resource Board.