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PROPOSAL DATE: December 8, 2020 Proposal#: 159824 AQUA -AEROBIC
<br />SYSTEMS, INC.
<br />V. A Metamter Company
<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 party such as, but not limited to,
<br />a consulting engineer, with respect to g oods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by
<br />any thirdp arty, 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 eventany such third party requires modifications in the proposal prior to the approval thereof,
<br />Aqua -Aerobic Systems, Inc. may at its sole option and witho ut liab ility to any partyelectto cancel th is proposal or return the purchase order to Buyer.
<br />In the eventA qua-Aerob ic Systems, Inc. elects to modify this proposal In conform to 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 thirdparty so long as the goods sold and delivered by Aqua -Aerobic Systems,
<br />Inc. conform to this proposal as modified.
<br />Buyer agree s to inde mmfy an d save ha mile ss A qua-Ae robic Syste ms, Inc. from an d again st all co sts and exp ense s and liability of any kind
<br />whatsoever arising out of or in connection with claims by third p artie s so long as the goods sold hereunder conform to there quire ments of this
<br />proposal as approved by any thir d 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 workmanship under normal conditions and use for a period of one year fromthe date the goodsare putinto service,or eighteen months
<br />from date of shipment (whichever first occurs). Ifthe goods include an "Endura Series" motor,the complete Endura Series unitshallbe warranted by
<br />Aqua -Aerobic to be free from defects in materials and workmanship under normal conditions anduse for three years fromthe date the productis put
<br />into service or 42months from the date of shipment (whichever occursfirst).
<br />OUR OBLIGATION UNDER THIS WARRANTY ISE XPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory
<br />at Loves Park, Illinois) anypart or parts returnedto 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 parts to our factory, Buyer shall notify Aqua -Aerobic Systems, Inc. of claimed defect, and Aqua -
<br />Aerobic Systems, Inc. shall have the privilege of examining the good s a t Buye r's p lac e of business ator where the goods have otherwise been placed
<br />in service. In the eventthis examination discloses nodefect, Buyer shallh ave no authority toretum the goods or parts to our factory for the further
<br />e xamination or repair. All goods or parts shall be re tame dto Buyer, 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, operatedor installed contrary to our instruction, 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, supplie d 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 />thereof.
<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 given to Aqua -Aerobic Systems, Inc. at thei r office in Loves Paris, Illinois. Please
<br />acknowledge acceptance by signing the proposal and returning it to Aqua -Aerobic Systems, Inc.
<br />Accepted by:
<br />Company:
<br />By: Date:
<br />Offer Respectfully Submitted,
<br />10aa 11W41
<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 212
<br />Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 5 of 5
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