NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED AND RELEASED. UNDER NO
CIRCUMSTANCES WILL OUR LIABILITY FDR ANY DEFECT IN THE GOODS, WHETHER BASED ON CONTRACT, TORT,
WARRANTY, OR ANY OTHER THEORY, EXCEED THE PURCHASE PRICE OF THE PRODUCTS. YOU ACKNOWLEDGE AND
DECLARE THAT THESE LIMITATIONS AND WAIVERS HAVE BEEN BROUGHT TO YOUR ATTENTION AND EXPLAINED, THAT YOU
HAVE READ AND UNDERSTAND ALL TERMS AND AGREE TO BE SO BOUND, AND THAT YOUR RECEIPT OF THE WARRANTY
AND PRODUCT, AND ANY PAYMENT FOR THESE, SIGNIFIES THAT YOU HAVE VOLUNTARILY AND KNOWINGLY CONSENTED TD
ALL TERMS, INCLUDING THE WAIVERS AND LIMITATIONS CONTAINED HEREIN.
Specific Rights.
This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Some states do not allow limitations on how long an implied warranty lasts, so that limitation may not apply to you.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so that limitation or exclusion may
not apply to you.
Exclusions.
This Warranty only covers the Products. Due to the intended use of our Products, any and all items and components
not sold by us but attached to, incorporated into, or using our Products carry NO WARRANTY WHATSOEVER from us regardless
of circumstance. We will not be liable for any defects, whether due to workmanship, materials or any other reason whatsoever,
for those items and components not sold by us. This Warranty also does not cover customer instruction, installation and labor
(except as provided herein), parts supplied by others, abuse, misuse, neglect, improper installation or improper repair by
anyone other than us, improper usage, overloading, accidents, unreasonable use, improper loading, improper operation,
improper repair, improper maintenance, normal wear and tear, color fade, mold, mildew, corrosion, rust formation,
modifications, or attempted repair by anyone other than a qualified repair facility. This Warranty does not cover chemical
damage caused by acids, fuel, oil, or other chemicals. Use of our Products in or as part of a unit in a rental fleet, or for a
commercial purpose, voids your rights under this Warranty.
Third-Party Events.
In the event of any accident, injury to person, damage to property, loss, or other occurrence involving a
Product, you must notify us in writing of the circumstances within thirty (30) days of the event or within ten (10) days of
notification to you, whichever is earlier. Notwithstanding this, you must notify us immediately if a survey, test, or inspection is
to be conducted on a Product, and provide us with the opportunity to participate in any such survey, test or inspection, or to
permit us to conduct our own survey, test or inspection in advance. Your failure to comply with this paragraph will constitute a
waiver and release of all rights under this Warranty.
Statute of Limitations.
Any action, lawsuit or other proceeding, under this Warranty or otherwise, related to the Product must
be commenced within one (1) year after the earlier of (a) the expiration of the Warranty coverage period, (b) our alleged failure
to repair the defect at issue; or (c) the date on which your claim accrues under applicable law. Unless prohibited by law, the
performance of repairs will not prevent the limitations period from expiring, nor will any tolling or estoppe/ doctrine apply. This
Warranty does not extend to future performance. Some states do not allow a reduction in the statute of limitations, so that
reduction may not apply to you.
Applicable Law & Venue.
This Warranty will be governed by and construed in accordance with the laws of the State of Ohio
without regard to principles of conflicts of law. To the full extent permitted by law, any disagreement, dispute, controversy, or
claim arising out of or relating to this Warranty or Product must be brought, if at all, only in a state court in Columbus, Ohio, or a
federal court in the Southern District of Ohio, having jurisdiction over the subject matter. You irrevocably consent that such
court will have personal jurisdiction over you and waive any objection that the court is an inconvenient forum. YOU WAIVE ANY
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