Komatsu — 1.6.1. Emission control warranty statement (Applies to Canada only)

1.6. Emission Control Warranty Introduction 1.6. Emission Control Warranty 1.6.1. Emission control warranty statement (Applies to Canada only) 1. Products Warranted Komatsu America International Company, Komatsu Mining Sys- tems Inc. and Komatsu Utility Corporation (collectively "Komatsu") produce and/or market products under brand names of Komatsu, Dresser, Dressta, Haulpak and Galion. This emission warranty applies to new engines bearing the Komatsu name installed in these products and used in Canada in machines designed for industrial off-highway use. This warranty applies only to these engines produced on or after January 1, 2000.

This warranty will be administered by Komatsu distribution in Canada. 2. Coverage Komatsu warrants to the ultimate purchaser and each subse- quent purchaser that the engine is designed, built and equipped so as to conform, at the time of sale by Komatsu, with all U.S. Federal emission regulations applicable at the time of manufac- ture and that is free from defects in workmanship or material which would cause it not meet these regulations within five years or 3,000 hours of operation, whichever occurs first, as measured from the date of delivery of the engine to the ultimate purchaser. 3.

Limitations Failures, other than those resulting from defects in materials or workmanship, are not covered by this warranty. Komatsu is not responsible for failures or damage resulting from what Komatsu determines to be abuse or neglect, including, but not limited to: operation without adequate coolant or lubricants; over fueling; over speeding; lack of maintenance of lubricating, cooling or intake systems; improper storage, starting, warm-up, run-in or shutdown practices; unauthorized modifications of the engine. Komatsu is also not responsible for failures caused by incorrect fuel or by water, dirt or other contaminants in the fuel.

Komatsu is not responsible for non-engine repairs, "downtime" expense, related damage, fines, all business costs or other losses resulting from a warrantable failure. KOMATSU IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This warranty, together with the express commercial warranties, are the sole warranties of Komatsu. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 1-14 WA100M-5 – VEAM280201