EVERLAST SPORTS SURFACING LIMITED WARRANTY

WARRANTY AND REMEDY

Subject to the conditions and limitations stated below, ECORE International Inc. ("ECORE") warrants the Everlast sports surfacing rubber flooring (the "Product") against manufacturing defects in both material and workmanship for a period of three years from the date of sale to the customer, as determined by the date of the applicable invoice. ECORE will repair or replace the portion of the Product that does not conform to the foregoing warranty, or at ECORE's option, issue a credit for the selling price of the nonconforming Product.

INSTALLATION CONDITIONS

1. The Product must be installed in compliance with all instructions of ECORE, using approved materials, and under all approved physical and environmental conditions, such as foundation, underlayment, temperature, humidity, etc.
2. All applicable building code regulations and industry standards must be followed.

EXCLUSIONS AND LIMITATIONS

1. ECORE is not responsible for Product nonconformance due to:

1. structural failure in the facility, abnormal traffic or use, freezing, thawing, or other abnormal climatic, environmental or other conditions;
2. excessive floor loadings, abuse, misuse, negligence or intentional damage caused by any person;
3. normal wear and tear; or
4. improper installation.

2. Should ECORE agree to replace the defective material, an exact shade match cannot be guaranteed.  Further, if the original dolor is not part of ECORE's current product line at the time of replacement, ECORE's only obligation shall be to provide a color available in its then-current running product line.
3. Following any claim under this warranty, ECORE must be provided a reasonable opportunity to inspect the installation before any demolition, removal, alteration or corrective work that may impair ECORE's ability to determine whether the Product was
nonconforming.  If such an opportunity is not provided, this warranty shall be void.
4. This Warranty is only for the benefit of the original owner of the property where the Product is installed, and is not transferable to subsequent owners or other parties.

ALL OTHER WARRANTIES DISCLAIMED

THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY LAW, AND ECORE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM PROVISION OF ANY SAMPLES, PRODUCT LITERATURE, WEB SITE,OR USAGE OF TRADE.  IT IS THE RESPONSIBILITY OF OWNER AND/OR OWNER'S CONTRACTED APPLICATOR TOTEST AND DETERMINE THE SUITABILITY OF THE PRODUCT FOR THE INTENDED USE AND PURPOSE AND OWNER ASSUMES ALL RISK AND LIABILITY WHATSOEVER REGARDING SUCH SUITABILITY.

LIMITATION OF REMEDIES AND DAMAGES

THE REMEDY STATED ABOVE TAKES THE PLACE OF ALL OTHER REMEDIES AGAINST ECORE AND IS THE ONLY REMEDY AGAINST ECORE AVAILABLE TO OWNER OR TO ANY OTHER PARTY.  IN NO EVENT WILL ECORE OR ANY OF ECORE'S SHAREHOLDERS, OFFICERS, DIRECTORS OR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING DELAY AND LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE PRODUCT, OR WITH ANY USE OR MISUSE OF THE PRODUCT, REGARDLESS OF ANY STRICT LIABILITY OR NEGLIGENCE OF ECORE AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT OR OTHER) USED TO MAKE A CLAIM, AND REGARDLESS WHETHER SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL ECORE BE OBLIGATED TO PAY COSTS, DAMAGES OR ANY OTHER AMOUNTS IN TOTAL EXCEEDING THE ORIGINAL PRICE OF THE PRODUCT PAID TO ECORE.

GOVERNING LAW AND DISPUTE RESOLUTION.

The laws of the Commonwealth of Pennsylvania, other than its principles of conflict of laws, shall govern the interpretation, construction and enforcement of this warranty.  Any disputes relating to this warranty which cannot be amicably settled will be submitted for binding arbitration in Lancaster Pennsylvania, under the rules of the American Arbitration Association then in effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Product or any sale thereof

CLAIMS PROCEDURE.

Owner shall notify ECORE (directly or through its contracting installer or distributor) in writing, within thirty (30) days of the discovery of an alleged failure of the Product to conform to this warranty. Failure to provide notice within such time will void this warranty.  Owner will pay ECORE's reasonable charges, including travel and labor, associated with investigation of any claim that does not prove valid under this warranty.  All claims must be sent to the following address:

ECORE International.
715 Fountain Avenue
Lancaster, PA 17601
Attn: Technical Services

COMPLETE AGREEMENT.

This Warranty replaces and supersedes any prior oral or written warranties, agreements, purchase orders, request for quotations or proposals, sales presentations, or representations relative to the Product or its application.  No one other than an officer or director of ECORE is authorized to expand or otherwise change this warranty or any of its provisions.