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AQUA -AEROBIC
<br />PROPOSAL DATE: November 11, 2024 Proposal#: 173978SYSTEMS, INC.
<br />s A Meta Water 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 ofthis proposal by Buyer either is contingent upon or subject to the approval by any third party such as, but not limited to, a consulting
<br />engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by any third party, Aqua -
<br />Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua- Aerobic Systems, Inc. conform to this
<br />proposal. In the event any such third party requires modifications in the proposal prior to the approval thereof, Aqua -Aerobic Systems, Inc. may at its sole option
<br />and without liability to any party elect to cancel this proposal or return the purchase order to Buyer. In the event Aqua -Aerobic Systems, Inc. elects to modify
<br />this proposal to conform to the requirements for approval by any, third party, Aqua- Aerobic Systems, Inc. in such event shall have no liability to Buyer or to any
<br />third party so long as the goods sold and delivered by Aqua -Aerobic Systems, Inc. conform to this proposal as modified.
<br />Buyer agrees to indemnify and save harmless Aqua -Aerobic Systems, Inc. from and against all costs and expenses and liability of any kind whatsoever
<br />arising out ofor in connection with claims by third parties so long as the goods sold hereunder conform to the requirements ofthis proposal as approved by
<br />anythirdparty.
<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 materials and
<br />workmanship under normal conditions and use for a period of one year from the date the goods are put into service, or eighteen months from date of shipment
<br />(whichever first occurs). If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warranted by Aqua -Aerobic Systems, Inc to be
<br />free from defects in materials and workmanship under normal conditions and use for three years from the date the product is put into service or 42 months from the
<br />date of shipment (whichever occurs first).
<br />OUR OBLIGATION UNDER TIRS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing orrepairing (at our factory at Loves Park,
<br />Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have been defective. Prior to return
<br />of any goods or its parts to our factory, Buyer shall notify Aqua -Aerobic Systems, Inc. of claimed defect, and
<br />Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business or where the goods have otherwise been placed in service.
<br />In the event this examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the further examination or repair. All
<br />goods or parts shall be returned to Buyer, F.O.B. Loves Park, Illinois. This warranty shall not apply to any goods or part which has been repaired or altered outside
<br />our factory, or applied, operated or installed contrary to our instruction, or subjected to misuse, chemical attack/degradation, negligence or accident. This
<br />warranty and any warranty and guaranty of process or performance shall no longer be applicable or valid if any product, including any software program,
<br />supplied by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval ofAqua-Aerobic Systems, Inc. Our warranty on accessories and
<br />component parts not manufactured by us is expressly limited to that ofthe manufacturer thereof.
<br />THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL
<br />OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE, STRICT
<br />LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY OTHER PERSON TO INCUR OR
<br />ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE
<br />ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS 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, COSTS
<br />OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE GOODS.
<br />LIMIT OF LIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE WARRANTY IS
<br />LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET FORTH HEREIN ARE
<br />EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR ANYTHING DONE IN
<br />CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL
<br />NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED.
<br />Final acceptance of this proposal must be given to Aqua -Aerobic Systems, Inc. at their office in Loves Park, Illinois. Please acknowledge
<br />acceptance by signing the proposal and returning it to Aqua -Aerobic Systems, Inc.
<br />Accepted by:
<br />Company:
<br />By:
<br />Date:
<br />Offer Respectfully Submitted,
<br />Tim Lamont, Senior Customer Service Representative
<br />Aqua -Aerobic Systems, Inc.
<br />6306 N. Alpine Rd. Loves Park, IL 61111-7665 081&654,2501 181&654.2508 www.aqua-aembic.com
<br />Copyright 2024, Aqua -Aerobic Systems, Inc Printed: November 11, 2624 Pag} I (y 6
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