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PROPOSAL DATE: January 30, 2018 Change Order to Proposal # 140380 At-,UA-AUROD IC
<br />SYSTEMS, INC,
<br />`fir" # AVefeR7feeC:ap4r+F
<br />TERMSAND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company)
<br />Page 2 of 2
<br />QUALIFIED ACCEPTANCE AND INDEMNITY
<br />In the eventthe acceptance of this proposal by Buyer either iscontingentupon or subjectto the approval by any third parry such as, but not limited to,
<br />a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by
<br />any third party, Aqua -Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold anddelivered by Aqua -
<br />Aerobic Systems, Inc. conform to this proposal. In the event any such third party requires modifications in the proposal pr i or to the approval thereof,
<br />Aqua -Aerobic Systems, Inc. may at its sole option and withoutliability to any party eleetto cancel th is proposal or return the purchase order to Buyer.
<br />In the eventAqua-Aerobic Systems, Inc. electsto modify this proposal In conformto the requirements for approval by any third party, Aqua -Aerobic
<br />Systems, Inc. in such event shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua -Aerobic Systems,
<br />Inc. conform tothis proposal as modified.
<br />Buyer agreesto indemnify andsave harmlessAqua-Aerobic Systems,Inc. from andagainstall costsand expensesand liabilityof any kind
<br />whatsoever arising out of or in connectionwith claims bythird parties so long as the goodssokl hereunder conformto the re quirements of this
<br />proposal as approved by any. third p arty.
<br />WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER
<br />In return for purchase and full payment for Aqua -Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in
<br />materials and workmansh 0 under normal conditions and use for a period of one year from the date the goods are put into service, or eighteen months
<br />fromdate of shipment (whichever first occurs). If the goods include an "Endura Series" motor, the complete Endura Series unitshall be warranted by
<br />Aqua -Aerobic to be free from defects in materials and workmanship under normal conditions and use for three years from the date the product is put
<br />into service or 42 months from the date of shipment (whichever occurs first).
<br />OUR OBLIGATION UNDER THIS WARRANTY ISE XPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory
<br />at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have
<br />been defective. Prior to return of any goods or its partsto our factory, Buyer shall notifyAqua -Aerobic Systems,Inc.ofclaimed defect, and Aqua -
<br />Aerobic Systems, Inc. shall have the privilege of examining the goodsatBuyer's place of business ator where the goods have otherwise been placed
<br />in service. In the eventthis examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the further
<br />examination or repair. All goods or parts shall beretumedtoBuyer, F.O.B. Loves Park, Illinois. This warranty shall not apply to any goods or part
<br />which has been repairedor altered outside our factory, or applied, operated or installed contrary to our in struction, or subjected to misuse, chemical
<br />attack/degradation,negligence or accident.This warranty and any warranty and guaranty of processor performance shall no longer be applicable or
<br />valid if any product, including any software program, supplied by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval of
<br />Aqua -Aerobic Systems,Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer
<br />the re of.
<br />THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF
<br />ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE,
<br />STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
<br />FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY
<br />OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF
<br />ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS
<br />SPECIFICALLY STATED OTHERWISE.
<br />UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
<br />SHALL AQUA -AEROBIC SYSTEMS,INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
<br />COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE
<br />GOODS. LIMIT OFLIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE
<br />WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET
<br />FORTHHEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR
<br />ANYTHING DONE IN CONNEC TION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY
<br />WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH
<br />SUCH LIABILITY IS BASED.
<br />Final acceptance of this proposal must be givento Aqua -Aerobic Systems, Inc. at thei r office in Loves Park, Illinois. Please
<br />acknowledge acceptance by signing the proposal andreturning it to Aqua -Aerobic Systems, Inc.
<br />Accepted by: Offer Respectfully Submitted,
<br />Company:
<br />Alud/l"d-
<br />By: Date: 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 91
<br />Copyright 2018, Aqua -Aerobic Systems, Inc Printed: January 30, 2018 Page 4 of 4
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