1.General: The Terms and Conditions of Sale outlined herein shall apply to the sale
by Club Car, LLC (“Company”) of the products, equipment and parts described more fully in the
accompanying invoicing or documentation (collectively, “Equipment”), unless otherwise agreed to
in writing by the Company. Company hereby gives notice of Company ’ s objection to any
additional or different terms included in any purchase order or other form submitted by Purchaser
of the Equipment (“Purchaser”). Such additional or different terms shall not be included in this
contract unless otherwise agreed to in writing by Company. Company’s proceeding with any work
shall be in accordance with the terms and conditions outlined herein. Company will comply with
applicable laws and regulations as they may apply to the manufacture of the Equipment. Purchaser
shall comply with all applicable laws, rules, regulations and orders relating to Purchaser’s activities
hereunder, including Purchaser’s use, distribution and/or sale of the Equipment; and at all times
accurately represent the condition, features and performance of the Equipment and any other
products manufactured, supplied or approved by Company. Hereinafter, Company and Purchaser
may be collectively referred to as “the Parties.”

2. Delivery and Delays/ Force Majeure: Delivery dates
shall be interpreted as estimated and in no event shall such dates be construed as falling within the
meaning of “time is of the essence.” Company shall not be liable for any loss or delay due to war,
terrorism, riots, fire, flood, strikes, or other labor difficulty, acts of civil or military authority
including governmental laws, order, priorities or regulations, acts of Purchaser, embargo, car
shortage, damage or delay in transportation, inability to obtain necessary labor or materials from
usual sources or other causes beyond the reasonable control of Company. In the event of delay in
performance due to any such cause, the date of delivery or time for completion will be adjusted to
reflect the actual length of time lost by reason of such delay. Purchaser’s receipt of Equipment shall

3. Taxes: The price for the Equipment does not
include any present or future Federal, state, or local property, license, privilege, sale, use, excise,
gross receipts or other like taxes or assessments which may be applicable to or result from this
transaction, or any services performed in connection therewith. Such taxes will be itemized
separately to Purchaser, who shall make prompt payment to Company. Company will accept a valid
exemption certificate from Purchaser, if applicable. If such exemption certificate is not recognized
by the relevant government taxing authority, Purchaser agrees to promptly reimburse Company for
any associated taxes paid by Company as a result thereof, including any interest or penalty assessed
against Company

4. Warranty for New Equipment: Company warrants that new
Equipment manufactured by Company and delivered hereunder will be free of defects in material
and workmanship for the periods of time specified in the applicable limited warranty statements of
Company for such Equipment, each of which is hereby incorporated herein by reference. Unless
otherwise specified in writing by Company, aftermarket accessories will be free of defects in
material and workmanship for six (6) months from the date of shipment and service parts will be
sold “AS-IS”.

5.Warranty for Used Equipment: To the extent that Purchaser is
not the original purchaser of Equipment, COMPANY HEREBY REVOKES THE BATTERY
PORTION OF THE ORIGINAL MANUFACTURER WARRANTY FOR EQUIPMENT WITH A
MODEL YEAR MORE THAN ONE (1) YEAR OLDER THAN THE CURRENT EQUIPMENT
MODEL YEAR, REGARDLESS OF ANY LANGUAGE TO THE CONTRARY CONTAINED
WITHIN SUCH LIMITED WARRANTY STATEMENT OR ELSEWHERE, AND SUCH
WARRANTY IS HEREBY MADE NULL AND VOID. ALL USED EQUIPMENT IS SOLD
“AS-IS, WHERE-IS, WITH ALL FAULTS. ” PURCHASER SHALL COMMUNICATE THIS
CANCELLATION OF THE ORIGINAL MANUFACTURER’S WARRANTY TO PURCHASER’
S CUSTOMERS IN ADVANCE OF THE SALE OF THE EQUIPMENT. Notwithstanding the

6.Warranty Generally: EXCEPT FOR THE FOREGOING WARRANTIES
CONTAINED IN THE APPLICABLE SECTION 7, 8, OR 9 HEREOF (IF ANY) AND THE
WARRANTY OF CLEAR AND MARKETABLE TITLE, COMPANY MAKES NO OTHER
REPRESENTATIONS, CONDITIONS OR WARRANTIES EXPRESS OR IMPLIED AND ALL
IMPLIED WARRANTIES, INCLUDING THOSE RELATING TO MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Purchaser shall be obligated to promptly report any failure to conform to the applicable warranty to
Company in writing within the applicable warranty period, whereupon Company shall, at Company’
s option, correct such nonconformity by suitable repair to such Equipment or furnish a replacement
part FOB point of shipment, provided Purchaser has stored, installed, maintained, and operated
such Equipment in accordance with reasonable industry practices and has complied with specific
recommendations and the operator manual(s) of Company. Company shall not be liable for any
repairs, replacements, or adjustments to the Equipment or any costs of labor performed by
Purchaser or others without Company’s prior written approval.
The effects of corrosion, erosion, and normal wear and tear are specifically excluded from
Company’s warranty. Performance warranties, if any, are limited to those specifically stated within
Company’s proposal. Unless responsibility for meeting such performance warranties is limited to
specified shop or field tests, Company’s obligation shall be to correct in the manner and for the
period of time provided in the applicable warranty.
Correction by Company of nonconformities whether patent or latent, in the manner and for the
period of time provided above, shall constitute fulfillment of all liabilities of Company for such
nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or
otherwise with respect to or arising out of such Equipment.
preceding sentence, if the applicable sales invoice accompanying this contract affirmatively and
definitively denotes that the Equipment is covered by a warranty, that warranty shall be