HARDIN MARINE, INC. TERMS AND CONDITIONS
LIMITED WARRANTY/LIMITATION OF REMEDIES

READ THESE SECTIONS CAREFULLY.

HARDIN MARINE, INC., LIMITED WARRANTY. Hardin Marine, Inc., warrants that for a period of one year from the date of purchase, as evidenced by the “Invoice Date” on the Purchase Contract, goods manufactured by Hardin Marine, Inc., (with the exceptions noted below***) shall be free of defects in workmanship and materials. If a Hardin Marine, Inc. product is suspected of being defective, it may be returned only in accordance with the Returns and Exchanges procedures outlined in these Terms and Conditions. Upon examination of a returned product, Hardin Marine, Inc., in its sole discretion, shall determine whether the product is covered by this limited warranty and, if so, whether it is to be repaired or replaced. If Hardin Marine, Inc., determines the product is covered by this Limited Warranty, Hardin Marine, Inc., shall repair or replace it only to the extent that can be done with parts manufactured by Hardin Marine, Inc. Hardin Marine, Inc., will return repaired or replaced items to buyer by ground service. Hardin Marine, Inc., does not know the particular purpose for which the goods will be used, and buyer is not relying on Hardin Marine, Inc.’s skill or judgment to select or furnish suitable goods. THERE IS NO WARRANTY OF MERCHANTABILITY OF THE GOODS SOLD UNDER THE PURCHASE CONTRACT AND NO WARRANTY THAT MAY BE SAID TO ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

***EXCEPTED GOODS. Hardin Marine, Inc., does not warrant: (1) goods used or considered as racing parts; (2) goods which have been modified or altered in any way; (3) goods for which Hardin Marine, Inc., in its sole discretion, determines to have been subjected to misuse, neglect, accident, improper installation or adjustment, dirt or other contaminants, water, corrosion, other adverse conditions, or faulty repair; (4) goods used in a way other than as recommended by Hardin Marine, Inc.; (5) goods not manufactured by Hardin Marine, Inc.; (6) electrical parts; (7) special orders; (8) engine performance parts; (9) installed or used items.

LIMITATION OF REMEDIES. THE PRECEDING LIMITED WARRANTY SECTION DESCRIBES THE EXCLUSIVE REMEDY AVAILABLE TO BUYER FOR ALLEGED BREACH OR NEGLIGENCE BY HARDIN MARINE, INC. Buyer shall not in any event be entitled to reimbursement or compensation for loss of use, inconvenience, installation or removal costs, damage to vehicles, emotional distress, lost profits, shipping, labor costs, or any other claimed consequential or incidental damages, or other losses or damages of any kind whatsoever, whether caused by Hardin Marine, Inc.’s own negligence or otherwise.

INDEMNITY. Buyer shall indemnify Hardin Marine, Inc., against and hold Hardin Marine, Inc. harmless from, any and all claims, actions, suits, costs, and attorney’s fees, arising out of, connected with, or resulting from a Hardin Marine Inc.’s product while in buyer’s possession or subject to buyer’s control including, without limitation, claims arising out of manufacture, selection, delivery, possession, use, operation, malfunction, or return of any Hardin Marine, Inc.’s product, including claims alleged to arise our of or result from Hardin Marine, Inc.’s own negligence.

RETURNS AND EXCHANGES. Authorization to return unwanted merchandise must be obtained within 30 days of shipping date. Returns and exchanges will be accepted only with a “Return Authorization Number” obtained from Hardin Marine, Inc., at the telephone number below. Return Authorization Numbers are only valid for 30 days from date of issue. The Return Authorization Number must be written on the outside of the return package and on a tag with your name on it attached to the goods inside. A Return Authorization Number does NOT guarantee replacement or refund. All allowable returns are subject to a 15% handling, re-boxing and re-stocking charge except where caused by Hardin Marine, Inc.’s error. Items must be returned in new, resalable condition and in original packaging. Returns MUST be sent freight pre-paid by buyer. Hardin Marine, Inc., will not accept C.O.D. shipments. A photocopy of your invoice clearly showing the Invoice number must accompany your return, along with a written explanation of your claim and your phone number.

SHIPPING. Hardin Marine, Inc., generally ships goods via United Parcel Service (UPS) ground service unless you specify, and bear the additional expense of other shipping. Please allow at least 2-4 working days for shipments of In-stock goods to Eastern states and 7-10 working days for shipments elsewhere. If a shipment is returned to us as undeliverable (e.g. “not in” on three delivery attempts, delivery refused, or failure to pay), buyer shall be responsible for delivery charges, and no future shipments will be made until those shipping charges have been paid.

SHIPPING ERRORS. If you receive an incorrect item due to Hardin Marine, Inc.’s, error, we will issue a UPS “Call Tag” and pick up the part at no cost to you and simultaneously ship the correct part and bill your charge card for it. Then, upon receipt of the returned part, we will credit your account for its cost. (If you request, we will await receipt of the incorrect part from you before shipping the correct part and in that case will only bill your credit card once.) Items reshipped because of our error will be shipped via UPS Ground at our expense. If you require UPS Express delivery, you must pay the difference between ground and air freight costs.

CLAIMS FOR DAMAGED SHIPMENTS. All goods leave our facility properly packages and in perfect condition. Upon receipt of your shipment, please inspect cartons immediately and identify damage in the presence of the delivery person. Damage claims must be made with the freight carrier. Hardin Marine, Inc., is not responsible for damage incurred during transit.

PHONE ORDER AND PAYMENT. The quickest method of ordering is by telephone with payment by VISA, MASTERCARD, DISCOVER or AMERICAN EXPRESS. (Not available to post office boxes) You may also send money orders or cashier’s checks to pre-pay orders. C.O.D. orders are only accepted on in-stock items (not special orders). All C.O.D. orders will be submitted to Cross-Check Services for approval.

MATERIALS AND SPECIFICATIONS. All merchandise information in our catalog is true and correct as of the time of publication. However, we constantly update our products and merchandise to offer the finest parts and accessories available. Thus, prices, materials, design and specifications are subject to change without notice.

RESOLUTION OF DISPUTES/ARBITRATION/WAIVER OF JURY. Any and all complaints, disputes or claims must be in writing delivered to Hardin Marine, Inc., at the address below. If your claim or dispute is not resolved within 30 days of its delivery to Hardin Marine, Inc., it shall be by arbitration in accordance with the rules and procedures of the American Arbitration Association through its Southeast Case Management Center (2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203, Phone 404-325-0101 Fax: 404-325-8034). The award rendered by the arbitrator will be final and may be entered as a judgment in the Flagler County Courts, Bunnel, Florida. You understand and agree that you are agreeing to arbitration instead of trial by judge or jury, and that you are giving up the right to trial by judge or jury of any claim or dispute with Hardin Marine, Inc.

SEVERABILITY. If any of these Terms and Conditions are determined to be unenforceable, the remainder shall remain in full force and effect.

WAIVER/MODIFICATION. None of these Terms and Conditions may be waived, altered, or otherwise modified except in writing signed by Hardin Marine, Inc.

THE APPLICABLE LAW/JURISDICTION & VENUE. The Purchase Contract shall be deemed to have been entered into in, and is to be governed by the laws of, the State of Florida. Any court action to enforce the arbitration provisions of this contract or otherwise must be filed and tried in the Flagler County Courts, Bunnel, Florida. It is agreed that no other court shall have jurisdiction or venue.

© 2006, Hardin Marine, Inc.

11 Industry Drive, Palm Coast, FL 32137 • Ph: (877)900-7278 • Fax: (386)445-1122 • Website: www.hardin-marine.com