Consequential Damages

hereunder, on warranties or otherwise, shall be limited to the cost of repair or replacement of defective parts as herein specified. Further Mertz Manufacturing, LLC's maximum liability hereunder arising from any cause whatsoever, including but not limited to, breach of contract or tort (including negligence), shall not exceed the contract price of the equipment furnished hereunder. Mertz Manufacturing, LLC shall not be responsible for work done, equipment or parts furnished, or for parts or repairs made by others unless the work is specifically ordered by Mertz Manufacturing, LLC. In no event shall Mertz Manufacturing, LLC be liable for removing defective parts or for reinstalling said parts when repaired or replaced by anyone other than Mertz Manufacturing, LLC or an authorized service facility or for any costs incurred with such removal or reinstallation.

Notwithstanding any other provision of this agreement, in no event shall Mertz Manufacturing, LLC be liable, whether arising under contract, tort (including negligence) or otherwise, for loss of anticipated profits, loss of use of capital or revenue, non-operational expenses, increased expense of operation cost of purchased or replacement equipment, damage to loads or contents of the equipment, transportation expenses due to repairs, claims of customers, cost of money, or for any special, incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever.

This Warranty Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Oklahoma. Any litigation under this warranty will be held in Kay County in accordance with the laws of Oklahoma.

Mertz Manufacturing, LLC P.O. Box 150 Ponca City, OK 74602

PO BOX 150 (74602) / 1701 N WAVERLY / PONCA CITY, OK 74601. PHONE:

(580)762-5646 / FAX: (580) 767-8411 / NT FAX: (580) 765-3934 www.boxerok.com

999-823 specifications

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