All goods sold or distributed by Summers Rubber Company are in the nature of commodities and are sold under the manufacturers' published specifications and not for particular purposes, uses or applications. The Buyer or user of the goods shall first determine the suitability of the goods for the intended purposes, uses or applications, and the Buyer or user of the goods shall either conduct their own engineering studies or tests, or retain and consult with qualified engineers, consultants or testing laboratories before determining the proper use, suitability or propriety of the goods for the intended purposes, uses, or applications. The Buyer or user assumes full responsibility for the suitability, propriety, use and application, installation, and maintenance of the goods. The buyer or user is responsible for disclosing, prior to sale or supply of the goods, the specifications or requirements for the goods being purchased. The goods, including but not limited to, hose, tubing or coupling may fail due to the use or conveyance of substances at elevated or lowered temperatures or at excessive pressures, or the conveyance of abrasive, injurious, flammable, explosive or damaging substances, or for other reasons related to the application, installation, use, or maintenance of the goods.

Hose or tubing used in bent configurations will be subjected to increased stress and abrasion. Hose clamps or couplings may loosen after initial installation and all sections of hose and tubing, including connections, couplings and clamps, should be inspected frequently, regularly and consistently, and should be replaced, adjusted or retightened for the avoidance of leakage, for the prevention of injuries or damages, and for general safety purposes. Except as indicated in the following Limited Warranty, Summers Rubber Company shall not be liable or responsible for direct or indirect injuries or damages caused by or attributed to the failure or malfunction of the goods sold or distributed by it.

Summers Rubber Company recommends that the Buyer or users of the goods frequently and consistently undertake inspections and protective measures with respect to the use and application of the goods which should include the examination of tube and cover conditions, of the hose or tubing, and the identification, repair or replacement of sections showing cracking, blistering, separations, internal and external abrasions, leaking or slipped couplings or connections, and undertake appropriate integrity and application tests.

LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATIONS OF REMEDIES AND LIABILITIES

Summers Rubber Company warrants that the goods manufactured by Summers Rubber Company will be free from defects in materials and workmanship at the date of tender of delivery of the goods. No item shall be deemed defective if such item conforms to approval models, samples, test runs, or previously accepted items or if such item fits Buyer's products, parts, jigs, or equipment or otherwise reasonably accommodates Buyer's instructions or intended purpose. Summers Rubber Company does not warrant against failures caused by erosion, corrosion, misuse or improper use, including but not limited to any operation beyond rated capacity, improper use or application of the goods, use of the goods not in compliance with service manuals and instructions, use of the goods by untrained or unqualified persons, substitution of parts or any alteration or repair by others which, in the judgment of Summers Rubber Company, adversely affects the goods. To the extent transferable, Summers Rubber Company shall pass on to Buyer all manufacturer or supplier warranties of the goods obtained by Summers Rubber Company.

Except as set forth above, Summers Rubber Company makes NO OTHER WARRANTIES concerning the goods whatsoever. SUMMERS RUBBER COMPANY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE concerning the goods. Buyer acknowledges and agrees that Summers Rubber Company's obligation described in this Paragraph is the sole remedy bargained for by Buyer IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. In no event will Summers Rubber Company's liability exceed the paid purchase price of the goods. Summers Rubber Company's obligations described in this Paragraph shall be BUYER'S SOLE AND EXCLUSIVE REMEDY AGAINST SUMMERS RUBBER COMPANY FOR ANY LIABILITY WITH RESPECT TO THE EQUIPMENT WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHERWISE. Buyer agrees that NO OTHER REMEDY SHALL BE AVAILABLE to Buyer and that IN NO EVENT SHALL SUMMERS RUBBER COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, including without limitation loss of income, loss of time, loss of sales, cost or replacement items, claims asserted by Buyer's customers, injury to personal property, or injury to any person, whether or not occasioned by Summers Rubber Company's negligence. No accommodation by Summers Rubber Company to Buyer, whether by attempt, effort or promise to repair or replace, and whether for sales policy or otherwise shall establish any additional liability of Summers Rubber Company or any contract term inconsistent with the terms herein. A suit based on any cause of action must be commenced within one (1) year from the date of delivery.