|
PROPOSAL DATE: May 10, 2017 Proposal#: 140380 AC_„l1A-AI1Ft0B1C
<br />SYSTEMS. INC.
<br />t a i4MrMe
<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 ps # as, but not limited
<br />to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any othettaaathen upon such
<br />approval by any third party, AquaAerobic Systems, Inc. shall have no liability to Buyer or unythird party so long as the goods sold and delivere(
<br />by Aqua -Aerobic Systems, Inc. conform to this proposal. In the event any such thins party requires modifications in the proposabpiio the
<br />approval thereof, AquaAerobic Systems, Inc. may at its ale option and without liability to any party elect to cancel this proposal or return
<br />purchase order to Buyer. In the event Aquakerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by a
<br />third party, AquaAerobic Systems, Inc. in such event shall have no liability to Buyer or to any third party so long asthe goods sold andwzlid by
<br />Aqua -Aerobic Systems, Inc. conform to this proposal as modified
<br />Buyer agrees to indemnify and save harmless Aquderobic Systems, hic. from and against all costs and expenses and liability of any kii
<br />whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to t*hi ements 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, we warrant new goods provided by us to be free from defects
<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 mon
<br />from date of shipment (whichever first occurs),If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warran
<br />by AquaAerobic to be free from defects in materials and workmanship under normal conditions and use for three years from the date the prbdu
<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 shadimto have
<br />been defective. Prior to return bany goods or its parts to our factory, Buyer shall notify Aquakerobic 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 hotbenvise been
<br />placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods atspm our factory for the
<br />further examination or repair. All goods or parts shall be returned to Buyer, F.O.Boves Part, Illinois. This warranty shall not apply to any goods o
<br />part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instructim-§ubjected to misuse,
<br />chemical attack/degradation, negligence or acciderThis warranty and any warranty and guaranty of process or performance shall no longer
<br />applicable or valid if any product, including any software program, supplied by Aq&robic 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 limitec
<br />that ofthe manufacturer thereof
<br />THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, A
<br />OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FC
<br />NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILI
<br />OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY 7
<br />RIGHT OF ANYOTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECT](
<br />WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES
<br />PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE.
<br />UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM @IF.GLIGENCE, STRICT LIABILITY, OR OTHERWISE
<br />SHALL AQUArAEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAG]
<br />COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN 7
<br />GOODS. LIMIT OF LIABILITY: AQUAAEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOV
<br />WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES S'
<br />FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE,
<br />ANYTHING DONE IN CONNECDON THEREWITH, WHETHER IN 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 ofthisproposal must be given to AgeAerobic Systems, Inc. at theiroffice inLoves Park Illinois. Please acknowledge acceptance
<br />by signing the proposal and returning it to AquaAerobic Systems, Inc.
<br />Accepted by: Offer Respectfully Submitted,
<br />Company: 10a /l "d
<br />By: Date:
<br />Paul Klebs, AfterMarket Sales Manager
<br />Aqua -Aerobic 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 5 of 5
<br />P48
<br />
|