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k) Normal wear and tear relating to the non-operating functions of the equipment such as discoloration
from direct sunlight, heat, etc.
5. Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN THE EXPRESS
WARRANTY SET FORTH IN THIS AGREEMENT, BRG PRECISION PRODUCTS, INC. MAKES
NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED
WARRANTIES, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY NOT BE
DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY
PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. IN NO
EVENT WILL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER
ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY
ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY
PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF
MISUSE OR ABUSE, OR THE INCORRECT INSTALLATION, INTEGRATION OR OPERATION
OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. BRG Precision Products, Inc. neither assumes nor authorizes any other person to
assume for it any other liability in connection with the repair or replacement of the Product.
6. Claim Limits
Claims are limited to repair or replacement, or if in BRG Precision Products, Inc.'s discretion that is not
possible to reimbursement up to the purchase price paid for the Product. In no event will BRG Precision
Products, Inc.'s liability under this Agreement exceed the purchase price paid for the Product.
7. Cancellation
You may cancel this Agreement by providing to BRG Precision Products, Inc. written notice of your wish
to cancel.
8. Insurance
This Agreement is not a contract of insurance.
9. Amendment and Waiver
No amendment, supplement, consent or waiver, express or implied, to or of any provision of this
Agreement will be effective unless in writing signed by the parties hereto and then only in the specific
instance and for the specific purpose given.
10. Assignment
The Customer may assign or transfer this Agreement provided BRG Precision Products, Inc. is advised by
the Customer in writing of such assignment and the new system owner's information.
11. Governing Law
This Agreement will be governed by and interpreted exclusively in accordance with the laws of the State
of Kansas, without reference to provisions concerning conflicts of laws. The provisions of the United
Nations Convention on Contracts for the Sale of Goods are hereby excluded.
12. Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach of it, shall be settled
by arbitration in accordance with the relevant rules of the American Arbitration Association, and
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Wichita, Kansas, United States of America. There shall be one arbitrator.
