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Pacific Orchard-Rite MONOBOOM 9600 Series Owner's Manual page 7

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8. Any attempt to modify the Company Product in any manor will result in the voiding of all warranties. Buyer

acknowledges that any such modification may create a hazardous condition.

9. The Company shall, pursuant to the terms of the limited warranty described herein, provide free of cost

to the Buyer, labor associated with warranty work performed during normal business hours. Any

Warranty work requested to be performed by Buyer outside of the Company's normal business hours is

subject to charge to the customer at the Company's then current over time rates.

10. The Company generally and specifically disclaims any and all liability for injury to person or damage to

property arising out of the operation of Company Products. The Company shall not be liable for

damages of any kind from any cause whatsoever including loss of income and/or crop loss or damage

due to equipment down time. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES

INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, LOSS OF PROFIT, LOSS OF BUSINESS OR

ANY OTHER LOSS BY BUYER OR ANY THIRD PARTY. Buyer's sole recourse is limited to repair or

replacement of the Company Product upon the terms and conditions provided in the limited warranty

described herein.

11. The Company reserves the right to modify and/or alter the design or manufacture of any of its Company

Products at any time without incurring any obligation to the Buyer to modify and/or alter units

previously sold.

12. This Sales Agreement and Limited Warranty (the "Agreement"), and any dispute arising from the

relationship between the parties to the Agreement, shall be governed by California law, including any

laws that direct the application of another jurisdiction's laws. Any dispute that arises under and/or

relates to the Agreement, whether in contract, tort, by statute or other theory, shall be submitted to

the jurisdiction of the federal or state courts located in the State of California.

13. Buyer and the Company intend this Agreement to be the final expression of the terms of their

agreement and further intend that this writing be the complete and exclusive statement of all the terms

of the Agreement.

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