Common use of EXCLUSIVE REMEDY; LIMITATION OF LIABILITY Clause in Contracts

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facilityPomona) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 13.1 If a Product does not meet the limited warranty described in Section 7.112.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.112.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.and

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxxxxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxx Sale) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-re- performed Services will expire at the same time as the original warranty claims limitation period.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenSeller’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Seller facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product). If an item of Services does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenSeller’s choice, for Timken Seller to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim in writing to Timken Seller within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) with written authorization from Seller, return to Timken Seller (transportation charges prepaid and borne by Buyer) 100% or, if agreed by TimkenSeller, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenSeller, results of diagnostic tests, evaluations and investigations performed by Buyer Xxxxx or BuyerXxxxx’s customer. Any written notice of breach shall be deemed to be notice only with respect to the Product or Service or part thereof addressed by the notice and only with respect to the alleged problem specified therein. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenSeller’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Seller facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product). If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenSeller’s choice, for Timken Seller to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim in writing to Timken Seller within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) with written authorization from Seller, return to Timken Seller (transportation charges prepaid and borne by Buyer) 100% or, if agreed by TimkenSeller, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenSeller, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. Any written notice of breach shall be deemed to be notice only with respect to the Product or Service or part thereof addressed by the notice and only with respect to the alleged problem specified therein. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.and