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TRx 2

WEATHERPAK

User's Manual

APPENDIX 1 - COASTAL ENVIRONMENTAL SYSTEMS TERMS AND CONDITIONS (Continued)

6. FORCE MAJEURE: Coastal shall not be liable for failure to fulfill its obligations herein or for delays in

delivery due to causes beyond its reasonable control, including but not limited to acts of God, natural

disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government

priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war,

acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources.

Coastal's time for performance of any such obligation shall be extended for the time period of such delay or

Coastal may, at its option, cancel any order or remaining part thereof without liability by giving notice of such

cancellation to Buyer.

7. WARRANTIES: In lieu of any and all implied warranties, all of which are expressly disclaimed, and as its

sole and exclusive warranty, Coastal hereby warrants for a period of twelve (12) months from the delivery date

of products (the "Warranty Period") that the products manufactured and supplied by Coastal and purchased by

Buyer shall be free from defects in material and workmanship. EXCEPT AS EXPRESSLY SET FORTH IN

THIS SECTION, COASTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND

WHATSOEVER, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS,

INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A

PARTICULAR PURPOSE. COASTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,

EXPRESSED OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THOSE COMPONENTS

MANUFACTURED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, TITLE,

OR FITNESS FOR A PARTICULAR PURPOSE. Upon shipment of the products, Coastal assigns to Buyer, to

the extent assignable, and Buyer may have the benefit of, any and all manufacturer's warranties, service

agreements and patent indemnities, if any, with respect to those components of the products manufactured by

third parties. Buyer's sole remedy for breach of any such third-party warranty shall be against such third party

and not against Coastal, nor shall such breach have any effect whatsoever on the rights and obligations of

either party with respect to this Agreement. Buyer understands and agrees that this coverage will not

necessarily coincide with Coastal's warranty of products manufactured by Coastal, and Coastal warrants only

those products manufactured by Coastal. All warranty claims shall be subject to Coastal's determination, in its

sole discretion, that the products are subject to this warranty and are defective in material or workmanship.

Upon Coastal's positive determination thereof, Coastal at its option after receiving from Buyer the defective

products, will either (1) deliver to Buyer products of like quality, or (ii) repair the defective products, or (iii)

refund to Buyer the total sales price paid for the defective products. THIS EXPRESS LIMITED WARRANTY IS

THE SOLE AND EXCLUSIVE WARRANTY OF COASTAL, AND ALL OTHER WARRANTIES, EXPRESSED

OR IMPLIED, ORAL OR WRITTEN, ARE EXPRESSLY DISCLAIMED BY COASTAL.

8. LIMITATION OF LIABILITY: COASTAL SHALL NOT BE LIABLE TO BUYER, BUYER'S CUSTOMERS,

OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR

APPLICATION BY BUYER, BUYER'S CUSTOMERS, OR ANY OTHER PARTY, OF COASTAL PRODUCTS

DELIVERED TO BUYER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE

INTENTIONALLY TORTUOUS OR FRAUDULENT ACTS OR OMISSIONS OF COASTAL. IN NO EVENT

SHALL COASTAL BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF

ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND

CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY

PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY COASTAL, ITS

EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE

PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER. IN NO

EVENT SHALL COASTAL BE LIABLE TO BUYER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL, OR

CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF

ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH

COASTAL'S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS

AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF

ANY PRODUCTS OR INFORMATION COASTAL SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION

HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. BUYER EXPRESSLY WAIVES ANY

AND ALL CLAIMS FOR SUCH DAMAGES. IN NO EVENT SHALL COASTAL HAVE ANY LIABILITY FOR

ANY PRODUCTS USED FOR AVIATION OR HAZARDOUS MATERIAL MANAGEMENT APPLICATIONS.

P/N: 0302-117-002 Rev. C