LIMITED WARRANTY, CONDITION OF SALE

(757)890-4888

LIMITED WARRANTY & CONDITION OF SALE:

Stealth Dump Trucks, Inc. warrants to the original purchaser or buyer only (whether a wholesale, OEM, or retail customer) that the goods, equipment, and merchandise manufactured by Stealth Dump Trucks, Inc. are free from defects in material and workmanship. Such limited warranty covers such items for a period of twelve months on mechanical and six months on electrical from date of shipment by Stealth Dump Trucks, Inc. For products purchased after August 21, 2006 the limited warranty period is extended to 36 months mechanical, and 12 months electrical.

Upon purchase of the products, Buyer agrees to the terms and instructions for installation, maintenance, safety, use, condition of sale, and limited warranty contained in the various literature and instruction manuals online, enclosed with, or provided upon delivery of the goods. Literature and manuals are available for such goods upon request provided the costs for publication, packaging, handling and postage are paid by the buyer. Purchase of the literature prior to purchase of the goods constitute a separate transaction, and no credit will be issued for returns or duplicate literature or manuals shipped with the products or goods. Buyer agrees that the operation and use of dump trucks is hazardous and expressly warrants and certifies to Stealth Dump Trucks, Inc. that buyer is qualified to operate and use a dump truck in a safe manner, within the limitations, capacities, and condition of the equipment and vehicle payload the dump system is installed upon. Buyer agrees to cease the operation or use of the product upon buyers discovery of any defect and promptly notify Stealth Dump Trucks, Inc. for Warranty service, parts, repairs, and/or technical assistance. Operation following discovery of a defect or damage is unsafe and the sole responsibility of the buyer. Stealth Dump Trucks, Inc. accepts no liability for accidents, injury, or further damage as a result of buyers continued operation of a defective, damaged, or otherwise compromised unsafe device.

Recommendations To Buyer: Buyer acknowledges that Seller does not make and specifically negates, renounces and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the products use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service supplied by Seller and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to Buyer. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or rendering of its services. Any recommendations made by Seller concerning the use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by Stealth Dump Trucks, Inc. to make recommendations or give advice to Buyer shall not impose any liability upon Stealth Dump Trucks, Inc.

RETURNS: Buyer may return any product which Stealth Dump Trucks, Inc. stocks if: (i) it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged. Buyer's returns not meeting (i) and (ii), above, will be evaluated on an individual basis after Buyer has contacted Stealth Dump Trucks, Inc. authorized representative for prior written permission. Special orders or non-stock items may be returned if the manufacturer will accept the return. Except for items Stealth Dump Trucks, Inc. stocks which meet (i) and (ii), above, credit memoranda issued for authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation charges, if not prepaid; and (c) handling and restocking charges. Specially fabricated or ordered items may not be canceled or returned, and no refund will be made.

LIMITED WARRANTY: Stealth Dump Trucks, Inc. reserves the right, at its option, to repair or replace the merchandise proved to be defective only upon return to the Stealth Dump Trucks, Inc. manufacturing facility in Virginia, USA shipping prepaid. Merchandise proved defective within the applicable warranty period will be repaired or replaced, at Stealth Dump Trucks, Inc. option when that merchandise is returned prepaid to the Stealth Dump Trucks, Inc. facility in Virginia, USA. Stealth Dump Trucks, Inc. must be given immediate, written notice of the claimed defect and the merchandise must be delivered by the purchaser to Stealth Dump Trucks, Inc. in Virginia, USA at the purchaser’s expense. The Customer is responsible for any damage resulting from the customer's improper packing of goods sent to Stealth Dump Trucks, Inc. All returned goods becomes the property of Stealth Dump Trucks, Inc. Items deemed repairable under this warranty become under the control, temporary ownership, and responsibility of Stealth Dump Trucks, Inc. until such repairs can be completed within a reasonable time. Repair parts may be furnished on an exchange basis and will either be new, equivalent to new or reconditioned at Stealth Dump Trucks, Inc. sole option. Under no circumstances shall Stealth Dump Trucks, Inc. be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay. Failure to return the defective goods on this exchange basis within 5 business days will result in a charge for the full price of the exchange parts and shipping. Stealth Dump Trucks, Inc. is not responsible for delay in repair or exchange due to factors beyond it's control such as freight or shipper transit time, vendor or material supplier backorder, labor disputes, equipment breakdowns, accidents, power or utility outage, holidays and weekends, criminal or terrorist actions, acts of war, and acts of nature.

Merchandise sold by Stealth Dump Trucks, Inc., but not manufactured by it, is not warranted by Stealth Dump Trucks, Inc. and is subject to the manufacturer’s warranty only. The manufacturer’s warranty is available for such goods upon request. BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."

All warranties cover only the product or product parts, not labor costs, transportation costs, nor the installation or removal of the product. Defects following operation beyond the rated capacity or the improper use or application of any products shall not be considered defects within the scope of this warranty. No claims for labor or freight shall be considered unless authorized by the manufacturer.

Stealth Dump Trucks, Inc. reserves the right to void any and all warranties on it's goods should information or evidence of overloading beyond the rated capacity, abuse, improper use or installation, improper repairs, reverse engineering, design or material alterations, welding, drilling or cutting structural members, accident, lack of maintenance or lubrication, flooding, submersion or high pressure cleaning with water, fire, use or application of solvents, become Stealth Dump Trucks, Inc. knowledge. If the Customer sells or otherwise disposes of a covered product before the expiration of the Warranty, then this Warranty coverage is void and Stealth Dump Trucks, Inc. is not liable for performance of any warranty terms or responsibilities.

GOVERNING LAW: This transaction shall be governed in all respects by the laws of the Commonwealth of Virginia (excluding choice of law provisions). All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against Stealth Dump Trucks, Inc. within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice.

Limitation of Liability The Customer's sole remedy under the terms and conditions of this Warranty Service is set forth in this section. For any claim concerning performance or nonperformance of Stealth Dump Trucks, Inc., or a Remarketer, dealer or installer, for a covered product under the terms and conditions of Stealth Dump Trucks, Inc. Warranty Service, the Customer may recover actual damages up to the limits set forth in the following paragraph.

Stealth Dump Trucks, Inc. liability for actual damage from any cause whatsoever will be limited to the greater of 1) $1000 or 2) the amount you paid for the product less labor, and shipping only upon return of the product. No claims for damages will be paid, nor refunds for the purchase price made without the return of the product to Stealth Dump Trucks, Inc. for examination, inspection, exchange, repair, testing, or other services by Stealth Dump Trucks, Inc. Customers shall provide Stealth Dump Trucks, Inc. with full and free access to Stealth Dump Trucks, Inc. Products to allow Stealth Dump Trucks, Inc. to perform service and a safe place in which to perform such service. Stealth Dump Trucks, Inc. may employ qualified third parties to perform these services at their facility within a reasonable radius of travel to the customer. The customer is responsible for delivery of the product to the nearest facility and allows Stealth Dump Trucks, Inc. agents full and free access to Stealth Dump Trucks, Inc. Products. No products furnished by Stealth Dump Trucks, Inc. shall become a fixture by reason of being attached to a vehicle or personal property. Buyer agrees a damage claim and acceptance of payment under option1 or 2 above automatically results in Buyers wavier of subsequent damage claims. Prior to any payments the customer must provide proof of damages to Stealth Dump Trucks, Inc.

In no event will either party be liable for any damage caused by the other party's failure to fulfill its responsibilities under these terms and conditions. In no event will either party be liable for any lost profits, lost savings, incidental damage, or other economic consequential damages. This is true even if the other party is advised of the possibility of such damages.

All expressed and implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the coverage period. No warranties, expressed or implied, will apply after this period. Stealth Dump Trucks, Inc. may modify these terms and conditions at any time by either providing the customer with written notice or posting such revised terms on www.stealthdumptrucks.com/limitedwarranty.htm Such revised terms shall be effective 5 days from the date of such written notice or posting.

INDEMNIFICATION: The Buyer shall at its own expense apply for and obtain any liability insurance, permits and inspections required for the installation and/or use of the products. Stealth Dump Trucks, Inc. makes no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of Stealth Dump Trucks, Inc.

Stealth Dump Trucks, Inc. shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation, improper use, improper repair, modification, overload, metalurgical fatigue failure, weld failure, fastener failure, erosion or corrosion failure, lack of maintenance or lubrication, accident, reverse engineering, design or material alterations, welding, drilling or cutting structural members, flooding, submersion or high pressure cleaning with water, fire, use or application of solvents, or misapplication of the products. Buyer shall defend, indemnify and hold harmless Stealth Dump Trucks, Inc. and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, accident or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Stealth Dump Trucks, Inc., or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

SEVERABILITY: These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.

NON-WAIVER: Stealth Dump Trucks, Inc. failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Stealth Dump Trucks, Inc. rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by an authorized representative of Stealth Dump Trucks, Inc.

Additional Rights: Some states do not allow limitations on how long an implied Warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages. If such laws apply, the limitations or exclusions contained in the terms and conditions of this Warranty may not apply. Stealth Dump Trucks, Inc. reserves the right to revise, modify or change the terms or warranty coverage, at it's sole option, to abide by the laws and regulations of various states and countries who regulate manufacturers warranties, without notice. This Warranty Service gives the Customer certain legal rights. The customer may also have other legal rights which vary from state to state. Stealth Dump Trucks, Inc. encourages it's prospective customers and buyers to seek legal advice if they do not understand this warranty or the laws in their states PRIOR to executing a purchase of our products where you may be bound by this agreement or the terms and conditions enclosed in literature or manuals provided with the products.

Last modified August 21, 2006.