Benshaw warrants to the ultimate purchaser (the purchaser who buys for use, and not resale) that all products furnished and which are manufactured by Benshaw will conform to final specifications, both drawings and other written descriptions, and will be free from defects in materials and workmanship. These warranties shall remain in effect for a period of twelve (12) months after shipment. Parts replaced or repaired in the warranty period shall carry the full warranty. The balance of the equipment will carry the unexpired portion of the original warranty. Benshaw's liability is limited to replacing or repairing any part or parts which have been returned to Benshaw and which are defective or do not conform to such specifications, drawings or other written descriptions; provided that such part or parts are returned by the ultimate purchaser within ninety (90) days after such defect is discovered. Benshaw shall have the right to determine if the parts are to be repaired at the job site or whether they are to be returned to the factory for repair or replacement. If Benshaw determines warranty part or parts are to be repaired at the job site, a purchase order must be issued for traveling and living expenses. All items returned to Benshaw for repair or replacement must be accompanied by a Benshaw RMA number with all the necessary information.

Customer's only remedy and Benshaw's only obligation shall be the replacement or repair of any nonconforming goods, FOB, Benshaw's plant or the refund of the price paid for such nonconforming goods at Benshaw's option, upon the return of such nonconforming goods to Benshaw.

Customers wishing to return goods in saleable condition and authorized by Benshaw for return and restocking may incur a minimum restocking charge of twenty five (25) percent.