FIRST CLASS HALT LIMITED LIFETIME WARRANTY

This Limited Lifetime Warranty (“Warranty”) is between you, the “Owner” of the vehicle listed on the repair invoice (“Covered Vehicle”), and FIRST CLASS HALT Inc., a South Carolina corporation (collectively with any affiliated entities, repair shops and limited liability companies, “FCH”). This Warranty replaces in its entirety all previous FCH or affiliate entity warranties.

This Warranty is personal to you, the Owner, and nontransferable, non-sellable and non-assignable to any other person or future owner of the Covered Vehicle. This is also a limited lifetime warranty, which is subject to the limitations outlined below.

FCH warrants that repairs and services performed at any FCH location will be free from material defects in materials and workmanship. This Warranty only applies to FCH-provided and installed parts and services (“Covered Repair”). Labor and repairs using customer-provided or any other third party-provided parts are not covered by this Warranty. In addition, this Warranty only applies to defective parts installed and repairs made on the date the Covered Repair was performed (the date on the Covered Repair invoice). This Warranty does not apply to repairs necessitated because of your actions or inactions, including, but not limited to, vehicle misuse or abuse, normal wear and tear, commercial use, failure to perform ongoing vehicle maintenance and service, or third-party or DIY repairs or service. In addition, any Warranty time or mileage limitations are calculated according to the date of your original repair and/or your vehicle’s odometer reading at the time of service and noted on your repair invoice. However, any time limitations will be extended by the number of days your vehicle is undergoing a Covered Repair, and this Warranty will not expire while your vehicle is undergoing a Covered Repair according to this Warranty’s terms.

If this Warranty applies, as determined by FCH in its sole discretion, FCH may choose to replace the defective parts and/or make remedial repairs at no charge to you or refund the Covered Repair invoice amount minus any previously refunded amounts and/or value of previously performed remedial repairs. No other costs, damages, or liabilities, whether direct or indirect, punitive, special, consequential, compensatory or otherwise (including but not limited to lost wages or medical bills), will be covered under this Warranty.

In no event will the total value of the Covered Repair or amounts paid under this Warranty exceed the amount you paid for the original repair or service (the invoice amount associated with the Covered Repair). In addition, if you choose to have non-warranty work performed at the same time FCH is providing warranty work, you expressly agree and understand that you are responsible for the payment of all non-warranty services.

If the Covered Vehicle breaks down within a fifty (50) mile radius of an FCH location, you agree to return the vehicle to an FCH location for the Warranty work. If the Covered Vehicle breaks down outside of a fifty (50) mile radius of an FCH location, then you may take the Covered Vehicle to an unaffiliated repair shop; however, for this Warranty to apply, you must obtain FCH’s prior written approval before having any diagnostics or repairs performed. You are responsible for the expense and cost of transporting the Covered Vehicle to an FCH location or unaffiliated repair shop for repairs.

If you receive FCH’s approval in writing to have an unaffiliated repair shop conduct the necessary diagnostic tests and make the Covered Repair, you are responsible for paying the unaffiliated shop for the diagnostic tests and Covered Repair. You must then bring a copy of the itemized repair invoice and your payment receipt to an FCH location within ninety (90) days of the Covered Repair to be reimbursed for reasonable costs of the approved Covered Repair; otherwise, FCH, in its sole discretion, may decline to honor this Warranty and no reimbursement will be provided. In no instance will FCH reimburse you for diagnostic tests or repairs unrelated to or not required for the Covered Repair FCH authorized the unaffiliated shop to perform.

As this Warranty covers most, but not all parts and repairs, and the coverage for parts and repairs may vary based on the specific parts installed and repairs made, please ask us for a current list of the Covered Repairs and associated time and mileage limitations. You can also find a current list of Covered Repairs and associated time and mileage limitations on our website: www.FIRSTCLASSHALT.com. This Warranty specifically excludes and does not cover anything relating to commercial vehicles, which are vehicles used primarily for business and not personal use, as well as auto body, paint, molding, tires, and glass repairs.

For this Warranty to apply, you are also required to provide proof (service receipts or other documentation identifying your vehicle, the date of service, and the service performed) that you are properly maintaining your vehicle, if the repair you want covered could be caused by improper vehicle maintenance, in each case as FCH determines in its sole discretion. At a minimum, you must show proof that you are following all manufacturer recommendations regarding service and replacement intervals for your vehicle’s fluids and parts. If you solely use FCH for all your vehicle service and maintenance requirements, then FCH will have your vehicle’s complete service and maintenance record. You are also responsible for making sure that your vehicle’s warning lights and gauges are functioning, and that you immediately respond to and/or turn off your vehicle when a warning indicator comes on.

THIS WARRANTY IS THE EXCLUSIVE WARRANTY, NO OTHER WARRANTIES ARE PROVIDED BY FCH, AND THIS WARRANTY IS PROVIDED INSTEAD OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THIS WARRANTY IS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM RELATING TO FCH REPAIRS OR SERVICES, WHETHER ARISING AT LAW OR AT EQUITY, UNLESS OTHERWISE PROHIBITED BY LAW.

If a Covered Repair is due to a manufacturer defect and FCH performs a Covered Repair associated with that defect, you hereby consent and give FCH’s agent authority to communicate with on your behalf and collect from the manufacturer any amounts related to the defect and Covered Repair, as well as assign and subrogate to FCH all your rights to and in such amounts. In addition, you expressly consent and agree to cooperate with FCH in enforcing your rights as it relates to any defective manufacturer part. You also consent and agree that if FCH pays for Covered Repair, you assign to us your right to recover the cost of the Covered Repair from any third party. You may not impair FCHs right to recover or waive your right to recover without FCHs prior written approval.

You agree and acknowledge that this Warranty is binding upon your heirs, successors, assigns, personal representatives, executors, administrators, and other legal representatives.

Should any provisions of this Warranty be determined by a court of competent jurisdiction to violate or contravene any applicable law or policy, such provision will be severed and modified to the extent necessary to comply with the applicable law or policy, and such modified provision and the remainder of the provisions hereof will continue in full force and effect.

You agree that any delay or omission on the part of FCH to exercise any right under this Warranty will not operate as a waiver of such right or any other right; and that a waiver of any right of FCH on one occasion will not be construed as a bar to or waiver of any right on any future occasion.

FCH may discontinue or amend, in whole or in part, this Warranty at any time, in its sole discretion, and without notice to you.

You acknowledge and agree that this Warranty will be interpreted under and enforced in accordance with the laws of the State of South Carolina.

If any act at law or in equity is necessary to enforce or interpret the terms of this Warranty, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

If you have any questions regarding this Warranty or receiving approval in writing for an unaffiliated shop repair, please do not hesitate to contact FCH General Manager, by calling 864-297-1212 or emailing THOMAS@FIRSTCLASSHALT.COM. No other FCH employee or agent has the authority to approve in writing only a third-party repair or change or waive, in each case in writing only, this Warranty’s terms or conditions.