NICHE Parts 2-Year Limited Warranty

I. LIMITED WARRANTY

Surefit Parts, LLC, 50400 Patricia St, Chesterfield, MI 48051 (“Surefit”) warrants to the original purchaser (“you” or “your”) that the NICHE-branded part you purchased from Surefit (the “NICHE Part”) will be substantially free from defects in materials and workmanship under ordinarily intended use installed, operated and serviced in accordance with the specifications, warnings and instructions of the original manufacturer of the machine on which the NICHE Part is being or has been installed, operated and serviced, from the date of purchase of your NICHE Part until the second anniversary of your purchase (the “Warranty Period”). Surefit’s obligation under this NICHE Parts 2-Year Limited Warranty is subject to the conditions and limitations described in this NICHE Parts 2-Year Limited Warranty and is limited to replacement of any defective NICHE Part in accordance with this NICHE Parts 2-Year Limited Warranty with the same NICHE Part (or with a model of equal value or specification).

Any claim under this NICHE Parts 2-Year Limited Warranty must be submitted as set out under “How to Submit a NICHE Parts 2-Year Limited Warranty Claim”, below, within the Warranty Period. Evidence of proof of purchase and the defective NICHE Part, in each case acceptable to Surefit, will be required, which may include a request by Surefit to return your NICHE Part to Surefit (see “Return Of Your Niche Part to Surefit”, below). Do not return your NICHE Part to Surefit unless requested by Surefit.

Any replacement NICHE Part provided in fulfillment of Surefit’s warranty obligations is subject to the warranty conditions of the original NICHE Parts 2-Year Limited Warranty, including the original Warranty Period. For the avoidance of doubt, a replacement NICHE Part for a defective NICHE Part will not trigger a new Warranty Period.

You agree to cooperate in good faith with Surefit to resolve any issues under the NICHE Parts 2-Year Limited Warranty. This NICHE Parts 2-Year Limited Warranty is your sole remedy with respect to any NICHE Part.

II. ORIGINAL PURCHASER

This NICHE Parts 2-Year Limited Warranty is available to you only if you purchased your NICHE Part from Surefit (directly or from a third party internet site for which Surefit was the direct seller) and is not transferable and may only be exercised by you and not by any other person.

III. RETURN OF YOUR NICHE PART TO SUREFIT

If requested by Surefit, in its sole discretion, it shall be a condition of Surefit’s obligations under this NICHE Parts 2-Year Limited Warranty that you deliver your NICHE Part to an address specified by Surefit. Any NICHE Parts delivered to Surefit and replaced under this NICHE Parts 2-Year Limited Warranty become the property of Surefit. Any NICHE Part returned to Surefit and not covered under the NICHE Parts 2-Year Limited Warranty may be returned or replaced, in Surefit’s sole discretion. If replaced, you will be required to pay Surefit the current price (including applicable taxes) for such replacement part.

IV. TRANSPORTATION

You will be responsible for all transportation charges associated with delivery of your NICHE Part and any replacement part to or from Surefit in fulfillment of Surefit’s warranty obligations. You shall bear the risk of loss or damage during transit of NICHE Parts whether or not the NICHE Part meets the NICHE Parts 2-Year Limited Warranty requirements. Any delivery by Surefit under this NICHE Parts 2-Year Limited Warranty will only be made to an address specified by you in the country in which you purchased your NICHE Part unless otherwise agreed by Surefit.

V. EXCLUSIONS

This NICHE Parts 2-Year Limited Warranty shall not apply in respect of the following as determined by Surefit:

• Defects or malfunctions beyond Surefit’s control
• NICHE Parts where applicable proof of purchase and purchase date is not provided
• Damage caused by accident, misuse, abuse, neglect or other abnormal use
• Improper storage or handling
• Repairs improperly performed or replacements improperly installed, including modifications to any original NICHE Part by someone other than Surefit
• Water submersion and/or ingestion except in accordance with ordinarily intended use and the specifications, warnings and instructions of the original manufacturer of the machine on which the NICHE Part is being or has been installed
• Use in competitive races, stunts or other related activities and events
• NICHE Parts purchased from any person or entity that is not Surefit, provided that purchases from a third party internet site for which Surefit was the direct seller will be covered by the NICHE Parts 2-Year Limited Warranty
• Damage due to freezing, heating, rust, corrosion, failure to maintain adequate ventilation or to the exterior finish such as, but not limited to, scratches, chips and cracks to paint, finishing or coating
• Normal wear and tear, including natural breakdown of colors and materials over extended time and use
• NICHE Parts that are normal maintenance items, which are replaced, cleaned or adjusted as normal owner maintenance unless such NICHE Parts are defective in material or workmanship
• Where the normal use has exhausted the life of a NICHE Part that by its nature is consumable or peripheral or that has a limited life span and is expected to become inoperative or unusable during the Warranty Period, including but not limited to (as updated by Surefit from time to time): batteries, seals, gaskets, o-rings, valves and pistons
• NICHE Parts that are discontinued and no longer available from Surefit
• Component NICHE Parts sold by and identified as the product of another company, which shall be covered under that company’s own product manufacturer’s warranty, if any
• NICHE Parts with illegible, or without appropriate, model and serial number markings

Except where specifically required by law, there is no warranty on any NICHE Part to the extent it is used or sold in any country other than the United States or Canada. Surefit cannot guarantee color match of any replacement NICHE Parts due to inventory availability.

VI. Warranty Disclaimers and LIMITATIONS OF LIABILITY

1. Your exclusive remedy, and Surefit’s sole liability under this NICHE Parts 2-Year Limited Warranty is limited solely to the replacement by Surefit of any NICHE Part that is subject to defects in material or workmanship, subject to the terms and conditions of this NICHE Parts 2-Year Limited Warranty. This exclusive remedy shall not have failed in its essential purpose as long as Surefit is willing to replace the defective NICHE Part with the same NICHE Part (or with a model of equal value or specification) within a commercially reasonable time after being notified of your warranty claim. This NICHE Parts 2-Year Limited Warranty does not cover inconvenience or loss of use of the NICHE Part or the machine on which your NICHE Part is being or has been installed or transportation of the NICHE Part to or from Surefit. No other terms or conditions in any documentation that conflicts with or adds to this NICHE Parts 2-Year Limited Warranty shall be binding on Surefit.
2. EXCEPT AS SPECIFICALLY SET FORTH IN THIS NICHE Parts 2-Year Limited Warranty, SUREFIT DOES NOT MAKE, AND YOU DO NOT RELY ON, ANY REPRESENTATION, WARRANTY, OR COVENANT, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, AND WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ANY IMPLIED WARRANTY BY LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COMPLETENESS, OR FITNESS OR ADEQUACY FOR A PARTICULAR PURPOSE, IS LIMITED TO THE EXPRESS WARRANTY TERMS STATED IN THIS NICHE Parts 2-Year Limited Warranty AND, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL OTHER SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. THE FOREGOING STATEMENTS OF WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE DESCRIBED IN THIS NICHE Parts 2-Year Limited Warranty AND NO STATEMENTS BY SUREFIT OR ANY OF ITS REPRESENTATIVES SHALL MODIFY OR EXPAND THESE WARRANTIES. SOME PROVINCES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
3. UNDER NO CIRCUMSTANCES SHALL SUREFIT BE LIABLE FOR ANY OTHER EXPENSES, LOSS OR DAMAGE, WHETHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THE SALE OR USE OF OR INABILITY TO USE THE SUREFIT PARTS OR THE MACHINE on which the NICHE Part is being or has been installed FOR ANY PURPOSE, EVEN IF SUCH DAMAGES, COSTS, EXPENSES OR LOSSES WERE REASONABLY FORESEEABLE, SUREFIT HAD NOTICE OR SUCH POTENTIAL LOSS OR SUCH LOSS MIGHT REASONABLY HAVE BEEN CONTEMPLATED. SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. SUREFIT SPECIFICALLY DISCLAIMS AND SHALL NOT BE LIABLE UNDER THIS NICHE Parts 2-Year Limited Warranty FOR ANY CLAIMS OR LOSSES FOR: (A) EXCESS COSTS INCURRED; (B) LOST PROFITS OR REVENUE (ACTUAL OR ANTICIPATED); (C) BUSINESS INTERRUPTION; (D) LOSS OF GOODWILL, BUSINESS OR REPUTATION; (E) LOSS OF USE; (F) COST OF CAPITAL; (G) DOWNTIME COSTS; OR (H) SUBSTITUTE PRODUCTS.
4. NOTWITHSTANDING ANY PROVISION IN THIS NICHE Parts 2-Year Limited Warranty OR ENTITLEMENT AT LAW, IN EQUITY OR OTHERWISE, IN NO EVENT SHALL THE LIABILITY OF SUREFIT, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE AMOUNT YOU PAID TO SUREFIT FOR THE SUREFIT PART. SOME PROVINCES AND STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR LIMITS ON THE DURATION OR VOIDING OF IMPLIED WARRANTIES OR CONDITIONS; IN SUCH PROVINCES OR STATES, THE EXCLUSIONS AND LIMITS IN THIS NICHE Parts 2-Year Limited Warranty MAY NOT APPLY. ANY SUCH IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE LESSER OF THE PERIOD PRESCRIBED BY SUCH APPLICABLE LAW AND THE WARRANTY PERIOD.

VII. LEGAL RIGHTS

THIS NICHE Parts 2-Year Limited Warranty GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY BY STATE OR PROVINCE. THE PROVISIONS CONTAINED IN THIS NICHE Parts 2-Year Limited Warranty ARE NOT INTENDED TO LIMIT, MODIFY, TAKE AWAY FROM, DISCLAIM OR EXCLUDE ANY STATUTORY WARRANTIES SET FORTH IN ANY APPLICABLE PROVINCIAL, STATE, OR FEDERAL LEGISLATION WHICH ARE NOT ALLOWED TO BE DISCLAIMED OR WAIVED BY SUREFIT.

VIII. GOVERNING LAW, DISPUTE RESOLUTION AND VENUE; SEVERABILITY

To the fullest extent permitted under applicable law, this NICHE Parts 2-Year Limited Warranty and any disputes arising out of this NICHE Parts 2-Year Limited Warranty shall be governed by the laws of the State of Michigan, excluding conflicts of law principles and excluding the Convention for the International Sale of Goods.

Any and all disagreements, disputes or controversies arising from or related to this Agreement (a “Dispute”), shall be finally settled by arbitration. The Dispute must be submitted to arbitration for final and exclusive settlement under the Rules of Arbitration of the International Chamber of Commerce (as amended or replaced from time to time) by a single arbitrator appointed in accordance with those Rules. Arbitration will be administered by the International Court of Arbitration of the International Chamber of Commerce. The arbitration proceedings shall be in the English language and shall take place in Michigan. The seat of the arbitration shall be the City of Detroit, Michigan. The Dispute shall be guided by the International Bar Association Rules on the Taking of Evidence in International Arbitration (IBA Rules of Evidence). The arbitrator shall be disinterested in the Dispute, shall have no connection with any party to the Dispute, shall have experience in industry and shall be qualified by education and training to pass upon the particular matter to be decided. The arbitration and all matters arising directly or indirectly (including all documents exchanged, the evidence and the award) shall be kept strictly confidential by and shall not be disclosed to any third party, except as may be compelled by applicable law. The procedure to be followed shall be agreed upon by you and Surefit or, if you and Surefit cannot come to an agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver the award notwithstanding the default by either you or Surefit in respect of any procedural order made by the arbitrator. The arbitrator will be instructed that time is of the essence in the arbitration proceeding and, in any event, the arbitration award must be delivered to you and Surefit within sixty (60) days from the date of appointment of the arbitrator. The award of the arbitrator shall be in writing and shall include written reasons for the award. The award arrived at by the arbitrator, however constituted, shall be final and binding and no appeal shall lie therefrom. The judgment entered upon the award by the arbitrator may be entered in any court having jurisdiction thereof. Each of you and Surefit shall initially pay all arbitration fees and expenses, including, without limitation, the arbitrator's compensation and administrative fees, in equal shares subject to allocation as determined by the arbitrator in the award.

If any provision of this NICHE Parts 2-Year Limited Warranty is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions.

IX. Entire Agreement

This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

X. HOW TO SUBMIT A NICHE Parts 2-Year Limited Warranty CLAIM

1. Visit the Warranty page on the NICHEParts.com website, and fully complete the Warranty Form.
2. The following information is required to complete a warranty claim:
   1. Your name and contact information.
   2. The model no. of your NICHE Part and proof of purchase with the date of purchase.
   3. Your machine information (year, make, model, and sub-model).
   4. A detailed description of the issue you are experiencing with your NICHE Part(s).
   5. Images clearly showing the issue. Do not return your NICHE Part to Surefit unless requested by Surefit.
3. The Surefit Customer Service team will review your claim and may request any additional information that may be required to make a determination in respect of your claim. This may include a request from the Surefit team to deliver your NICHE Part to an address specified by Surefit. You will be required to provide any additional information and to return the Niche Part as requested from the Surefit Customer Service Team. You will be responsible for all transportation charges associated with delivery of your NICHE Part.
4. The Surefit Customer Service team will then advise you of it determination in respect of your claim, and:
   1. If your NICHE Part is covered under the NICHE Parts 2-Year Limited Warranty, a free replacement NICHE Part will be sent to you after your shipping address in the country in which you purchased your NICHE Part is confirmed. You will be responsible for all transportation charges associated with delivery of any replacement part from Surefit in fulfillment of Surefit’s warranty obligations; or
   2. If your NICHE Part is not covered under the NICHE Parts 2-Year Limited Warranty, then the reasoning for this determination will be provided and, if you delivered your NICHE Part to Surefit, it or a replacement NICHE Part will be sent to you after your shipping address in the country in which you purchased your NICHE Part is confirmed. If a replacement is provided you will be required to pay the current price for such replacement NICHE Part. You will be responsible for all transportation charges associated with delivery of your NICHE Part or any replacement.