The foregoing shall constitute our sole and exclusive warranty and our sole and exclusive liability and is in lieu of all other warranties,
whether written, oral, implied or statutory. There are no warranties which extend beyond the description of the page hereof. Seller does not
warrant that said goods and articles are of merchantable quality or that they are fit for any particular purpose. The liability of seller on any
claim of any kind, including negligence, for any loss or damage arising out of or connected with, or resulting from the sale and purchase of
the products and parts covered by this proposal, acknowledgement, order or from the performance or breach of any contract pertaining
to such sale or purchase, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection,
repair, operation or use of any products or parts covered by this proposal, acknowledgement, order or furnished by seller shall, in no case
exceed the price allocable to the products or parts thereof which give rise to the claim and shall terminate five (5) years after the shipment of
said products and parts.
In no event, whether as a result of breach of contract, or warranty or alleged negligence, defects, incorrect advice or other causes, shall
seller be liable for special or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of the equipment or
any associated equipment, cost of capital, cost of substitute equipment, facilities or services, down time costs, or claims of customers of the
purchaser for such damages. Soler & Palau USA neither assumes nor authorizes any persons to assume for it any other liability in connection
with the sale of its fan products and parts. Some states do not allow the exclusion or limitation of incidental or consequential damages, so all
of the above limitations or exclusions may not apply to you.
SAFETY ACCESSORIES WARNING:
The responsibility for providing safety accessories for equipment supplied by Soler & Palau USA is that of the installer and user of this
equipment. Soler & Palau USA sells its equipment with and without safety accessories, and accordingly it can supply such safety accessories
upon receipt of order.
The user, in making its determination as to the appropriate safety accessories to be installed and any warning notices, should consider
(1) the location of the installation, (2) the accessibility of employees and other persons to this equipment, (3) any adjacent equipment, (4)
applicable building codes, and (5) requirements of the Federal Occupational Safety and Health Act. Users and installers of this equipment
should read “RECOMMENDED SAFETY PRACTICES FOR AIR MOVING DEVICES” which is published by Air Movement and Control
Association, 30 West University Drive, Arlington Heights, Illinois 60004.
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