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P a g e
and attorney's fees, arising out of or in connection with, directly or
indirectly, the Product, including claims, liens, liability, loss or damage
to any employee, family member, agent or representative of the Buyer.
This shall include claims, liens, liability, loss or damage caused by any
actual or claimed negligence or gross negligence (active or passive), of
Manufacturer and its contractors, agents or employees, either as the
sole or contributing cause, whether for damage to property, wherever
situated, or bodily or personal injury, including death, resulting from or
sustained by any person or persons at any time.
c)
Waiver of Liability. The Client agrees to expressly relieve Manufacturer,
its contractors, agents or employees from any and all liability by reason
of any injury, loss or damage to any person or property resulting from
the installation of the Product, irrespective of the of the cause of such
injury, loss or damage.
d)
Manufacturer shall not be liable for any water damage arising, directly
or indirectly, from any defect in the hot water heater component part(s)
or from its use.
e)
IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OR FOR
LOST INCOME, LOSS OF PROFITS, SAVINGS OR OTHER ECONOMIC
LOSS ARISING OUT OF OR CONNECTED WITH THIS PRODUCT,
REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE.
f)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS MANUAL, THE LIABILITY FOR DAMAGES FROM ANY AND ALL
CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL NOT EXCEED
THE AMOUNT OF THE PRODUCT PRICE
Choice of Law.
The laws and statutes of the State of Florida shall govern the construction,
interpretation, and performance of this Manual and Warranty. Any conflict in