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PROPOSAL DATE: May 10, 2017 Proposal#: 140380 A%LWAVROBIC
<br />SYSTEMS. INC.
<br />` � • r u""W
<br />TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company)
<br />Page 2 of 2
<br />QUALIFIED ACCEPTANCE AND INDEMNITY
<br />In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third paw* as, but not limited
<br />to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any otherthM then upon such
<br />approval by any third party, AquaAerobic Systems, Inc. shall have no liability to Buyer or tenythird party so long as the goods sold and deliverer
<br />by Aqua -Aerobic Systems, Inc. conform to this proposal. In the event any such thins party requires modifications in the proposalclurlo the
<br />approval thereof, Aqua -Aerobic Systems, Inc. may at its ole option and without liability to any party elect to cancel this proposal or return 1
<br />purchase order to Buyer. In the event Aquakerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by ai
<br />third party, Aqu&Aerobic Systems, Inc. in such event shall have no liability to Buyer or to any thin] party so long as the goods sold and dehed by
<br />Aqua -Aerobic Systems, Inc. conform to thisproposal asmodified
<br />Buyer agrees to indemnify and save harmless Aquakerobic Systems, Inc. from and against all costs and expenses and liability of any kin
<br />whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to thquilements of this
<br />proposal as approved by any thid party.
<br />WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER
<br />In return for purchase and full payment for Aquakerobic Systems, Inc. goods, %w warrant new goods provided by us to be free from defects i
<br />materials and workmanship under normal conditions andse for a period of one year from the date the goods are put into service, or eighteen mont
<br />from date of shipment (whichever first occurs),If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warrant
<br />by Aqua -Aerobic to'be free from defects in materials and workmanship under normal conditions and use for three years from the date the praffm
<br />put into service or 42 months from the date of shipment (whichever occurs first).
<br />OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factor,
<br />at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination sbabvhto have
<br />been defective. Prior to return 6 any goods or its parts to our factory, Buyer shall notify AquaAerobic Systems, Inc. of claimed defect, an(
<br />Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business at or where the goods ha&erwise been
<br />placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods ortptio our factory for the
<br />further examination or repair. All goods or parts shall be returned to Buyer, F.O.B oves Park, Illinois. This warranty shall not apply to any goods a
<br />part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instructionsiabjected to misuse,
<br />chemical attack/degradation, negligence or accidenThis warranty and any warranty and guaranty of process or performance shall no longer I
<br />applicable or valid if any product, including any software program, supplied by Aqulaerobic Systems, Inc., is modified or altered without th,
<br />written approval of AquaAerobic Systems, Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited
<br />that of the manufacturer thereof
<br />THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AP
<br />OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FO
<br />NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILI7
<br />OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY Tl
<br />RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTIC
<br />WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES t
<br />PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE.
<br />UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM (NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
<br />SHALL AQUAAEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE
<br />COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN T:
<br />GOODS. LIMIT OF LIABILITY: AQUAAEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOV1
<br />WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SI
<br />FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, (
<br />ANYTHING DONE IN CONNECTON THEREWITH, WHETHER 1N CONTRACT, IN TORT, UNDER AN'
<br />WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHI(
<br />SUCH LIABILITY IS BASED.
<br />Final acceptance ofthis proposal must be given to AquAerobic Systems, Inc. at theiroffice inLoves Park, Illinois. Please acknowledge acceptance
<br />by signing the proposal and returning it to Aquakerobic Systems, Inc.
<br />6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
<br />Copyright 2017, Aqua -Aerobic Systems, Inc Printed: May 10, 2017 Page 4 of 5
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