DYNOmite™ DYNAMOMETER LIMITED WARRANTY

Land & Sea, Inc. (“Land and Sea”) warrants to the original end user customer (“Customer”) that the stationary DYNOmite™ Engine or Chassis Dynamometer Absorber, Torque-Arm, Dynamometer Engine Stand or Chassis Frame and DYNOmite™ Data Acquisition Computer (hardware only) (“Products”) will be free from defects in workmanship or material for one year from the invoice date of shipment from Land & Sea’s facility. This limited warranty is part of and incorporated into the Land and Sea Terms of Sale.

This limited warranty does not apply to the DYNOmite™ “On-Board” Rotary Torque Transducers; custom built dynamometer systems or hardware or to miscellaneous dynamometer hardware. Further, this limited warranty does not apply to any software or to any set-up, training, calibration or consulting services.

The above limited warranty does not apply to any Product or Product component which has been (a) modified or altered outside original factory specifications, (b) subjected to improper or unauthorized installation, maintenance, adjustment, disassembly or attempted repair; neglect, damage, misuse, or accident, (c) used in other than those specific applications recommended in the Land and Sea Owner’s Manuals, and/or Product/Service Bulletins or other similar post-sale documents in effect on Product shipment, or (d) sold or resold in violation of US export regulations.

The above limited warranty does not apply to Personal Computer systems or computer monitors (however, those items may be covered by their respective manufacturers separate warranties, copies of which are available as a courtesy from Land and Sea by mail). Further, the limited warranty does not cover any problems with Personal Computer systems or other third party peripherals associated with engine noise or engine ignition EMI (electro magnetic interference).

Customer agrees to notify Land and Sea Warranty Department, at the below address, promptly upon discovery of a suspected warranted defect. Land and Sea will, in its sole discretion, determine whether the entire Product must be returned or whether only affected, allegedly defective components, (as determined by Land and Sea) of the Product may be returned. If Land and Sea determines that only components are to be returned, Customer is responsible for, and bears all risk associated with, proper removal of such component(s) from the Product. Customer will not return any Product or component(s) without a Return Materials Authorization number (“RMA#”) issued by Land and Sea. After obtaining an RMA# Customer is responsible for shipment, at Customer expense and risk, of the allegedly defective Product or component(s) freight prepaid insured and properly packed to:

Land & Sea, Inc.;  Warranty Department; 25 Henniker Street; Concord, NH 03301-8528 USA

with a copy of the Product purchase invoice showing the date of Product shipment from Land and Sea. Products or components returned without an RMA# or shipped in any other manner but freight prepaid and insured will not be accepted by Land and Sea and will be returned to the Customer at Customer expense.

Land and Sea’s sole obligation under this limited warranty, and Customer’s sole remedy, is to repair or replace (at Land and Sea’s option) any Product, or component(s) which Land and Sea, in its sole determination, deems to be defective and to return the repaired or replaced Product or component(s) to Customer, at Customer expense. Customer is responsible for all costs, expense and risk arising from, or associated with removal, installation, testing, calibration, insurance, and transportation of any Product or component(s) repaired or replaced under this limited warranty. Any repaired or replaced Product or component(s) will, upon Customer’s receipt, be covered by this limited warranty for the remaining period of the original one-year warranty. Land and Sea may, at its sole option, and in lieu of repair or replacement, refund to the Customer the original purchase price for the returned defective Product. THE ABOVE IS THE ENTIRE WARRANTY AND ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, DESIGN OR COURSE OF DEALING ARE HEREBY DISCLAIMED.