A battery will be replaced with a free equivalent at any of our dealers if it fails due to defects in materials or workmanship within twelve (12) months from date of installation. A battery used in a mobility application rated lower than 17 amp hours will be replaced with a free equivalent at any of our dealers if it fails due to defects in materials or workmanship within six (6) months from date of installation. Proof of date of purchase/installation required for all claims.

Qualified MK Battery distributors are authorized to execute this warranty; however, they must call MK Battery, 1-800-DP- CYCLE (800-372-9253), for shipment of replacement or credit prior to disposal of the defective product. Normally return to MK Battery, Anaheim California, is not required; however, MK Battery reserves the right to require return and the method of shipment. Upon receipt of the defective, MK Battery will process the claim and reimburse for any direct freight costs as authorized by MK Battery.

This warranty does not cover failures in service due to the following conditions:

• 1. Unauthorized modifications or alternations to the products including the addition of any substance other than water to wet batteries or electrolyte (1.260 specific gravity) to dry batteries.
• 2. Negligence, accident, abuse, misuses including improper jump starting, or improper, unsuitable or abnormal storage of the products.
• 3. Improperly installed or applied batteries. Improperly charged (either under or over) batteries. Opening of batteries that are designed and intended in use as sealed products.
• 4. Physical damage due to acts of nature or man which stress products beyond design limits or other undesirable influences.
• 5. Normal "wear and tear".

MK Battery shall not be liable to purchaser/distributor, or to any other person, either directly or by way of indemnification, for consequential, incidental, special or direct damages, whether the claim for any such damages is based on warranty, tort, contract, or otherwise.