Railcar Product Warranty Information

HOLLAND, L.P. PARTS WARRANTY (“WARRANTY”)

Subject to the limitations below, HOLLAND, L.P. (“Holland”) warrants that all supplied products and parts shall conform to the specifications and/or drawings supplied to the Customer at the time of order. Holland further warrants that, for a period of twelve (12) months after the initial date of shipment to the Customer, all supplied products and parts shall be free from defects in material, workmanship and design.

Upon the discovery of the failure or the defect, the Customer shall immediately take the product or part out of service and notify HOLLAND of this issue. If Holland determines that the product or parts contains a manufacturing defect, Holland shall, in its sole discretion, either repair or replace the item. In no event shall Holland’s liability exceed the purchase price of the products and parts.

This Warranty does not apply to conditions caused by normal wear and tear and/or improper use and maintenance of the products and parts. Under no circumstances, shall HOLLAND be responsible or liable for damage to any other the Customer’s other property or equipment resulting from the defect or failure of the products and parts.

This Warranty shall be null and void under the any of the following circumstances: (1) the Customer fails to notify Holland of the defect or failure within thirty (30) days of the Customer’s discovery of the issue; or (2) the Customer has not entirely paid Holland for all supplied products and parts within sixty (60) days of invoice receipt.

THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES ON THE PART OF HOLLAND. HOLLAND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER’S SOLE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT THE PRODUCTS AND PARTS SUPPLIED BY HOLLAND SERVICES SHALL BE LIMITED TO THE REMEDY SET FORTH ABOVE. HOLLAND WILL NOT BE LIABLE FOR SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES. NO AGENT OR EMPLOYEE OF HOLLAND IS AUTHORIZED TO EXTEND OR ENLARGE THIS WARRANTY.