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4. DISCLAIMER THIS WARRANTY IS EXCLUSIVE. GEM MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY GEM AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND GEM EXPRESSLY AGREE THAT THE REMEDY OF REPAIR OR RELACEMENT OF THE DEFECTIVE VEHICLE OR COMPONENT THEREOF IS THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER. GEM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVE, EMPLOYEE, OR DEALER OF GEM HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE, OR AGREEMENT WHICH IN ANY WAY VARIES THE TERMS OF THIS WARRANTY. GEM RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS WARRANTY AT ANY TIME, IT BEING UNDERSTOOD THAT SUCH MODIFICATION WILL NOT ALTER WARANTY CONDITIONS APPLICABLE TO THE GEM NEV SOLD WHILE THIS WARRANTY IS IN EFFECT. THIS WARRANTY IS TRANSFERRABLE FOR A FEE. 5. SOLE REMEDY GEM'S ONLY LIABILITY UNDER THIS WARRANTY, OR IN ANY ACTION WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE, IS LIMITED TO THE REPAIR OR REPLACEMENT, AT GEM'S OPTION, OF A VEHICLE OR COMPONENT THEREOF THAT GEM DEEMS TO BE DEFECTIVE. REPLACEMENT SHALL MEAN FURNISHING, DURING THE APPLICABLE WARRANTY PERIOD, A NEW VEHICLE OR FACTORY RECONDITIONED VEHICLE OR COMPONENT THEREOF WHICH IS IDENTICAL OR REASONABLY EQUIVALENT TO THE WARRANTED PRODUCT OR COMPONENT AT NO COST TO THE PURCHASER. REPAIR SHALL MEAN REMEDYING A DEFECT IN THE VEHICLE OR COMPONENT THEREOF AT NO COST TO REPAIR THE VEHICLE; IT MAY PROVIDE FACTORY RECONDITIONED PARTS OR COMPONENTS. ALL PARTS AND COMPONENTS REPLACED UNDER WARRANTY SHALL BECOME THE PROPERTY OF GEM. 6. NO CONSEQUENTIAL DAMAGES IN NO EVENT SHALL GEM BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE VEHICLE, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER ECONOMIC LOSS. Some states allow neither limitation on the duration of an implied warranty nor exclusions or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. 7. NOTICE: This SERVICE CONTRACT is underwritten by Marathon Financial Insurance Company, Inc. P.O. Box 961, O'Fallon IL 62269, 1-800-205-8988. WE have contracted with Royal Administration Services, Inc. hereinafter referred to as ADMINISTRATOR, to administer this SERVICE CONTRACT. If the ADMINISTRATOR does not settle YOUR claim within sixty (60) days of their receipt of your proof of loss, YOU may submit YOUR claim directly to Marathon Financial Insurance Company, Inc. Royal Administration Services, Inc. 51 Mill Street * Hanover, MA 02339 Phone: 1-888-813-8659 * Fax: 781-261-2522 10. TRANSFER OF SERVICE CONTRACT This SERVICE CONTRACT may be transferred upon the sale of the Vehicle to another private party. The SERVICE CONTRACT transfer must be made at the time of the Vehicle transfer. YOU must request the transfer in writing, and the ADMINISTRATOR must receive it within seven (7) days of the transfer. A fee of $25.00 must accompany the request to transfer, along with the II !;.li1mr.~at;!glder II M.,{l!!!1~er GEM Fonm 410-006 (12/07)