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<br />WARRANTY. Nor -Pac Seating warrants its labor for a period of one year after substantial completion against defects and will, at its <br />option, repair or replace any defective Work for which a warranty claim is made during this one-year period. Nor-Pac Seating shall <br />also make all available to Buyer all transferable manufacturers’ warranties, which warranties shall be subject to all conditions, <br />exclusions and limitations contained therein. No other warranties, express or implied, are made with respect to labor or products <br />furnished by Nor-Pac Seating, whether they be warranties of fitness or warranties of merchantability. This warranty does not cover <br />defects caused by improper installation by third parties, improper maintenance, alteration of the products, vandalism, casualty loss <br />or other causes beyond the control of Nor-Pac Seating. THE PRECEDING WARRANTY IS IN LIEU OF AND NOR-PAC SEATING <br />HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY <br />PARTICULAR PURPOSE EXCEPT AS PROVIDED IN THIS PROPOSAL. <br /> <br />LIMITATION ON DAMAGES. Nor-Pac Seating assumes no responsibility for, and shall not be liable to Buyer for any consequential, <br />indirect, or special damages incurred by Buyer arising out of or connected to this Contract or products furnished hereunder <br />including, without limitation, Buyer’s lost profits, Buyer’s good will, and any injury to person or property proximately resulting from <br />any breach by Nor-Pac Seating including, but not limited to, breaches of warranty by Nor-Pac Seating. <br /> <br />TITLE. Unless otherwise expressly stated in this Contract, title to the products sold hereunder shall remain with Nor-Pac Seating <br />until Nor-Pac Seating has received full payment for the same. <br /> <br />RISK OF LOSS. Risk of loss of the products under this Contract shall pass to the Buyer upon delivery of the same, at the place of <br />delivery designated herein. Thereafter, in addition to assuming all risk of loss, Buyer shall be responsible for compliance with all <br />governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Nor-Pac <br />Seating harmless against all claims for personal injuries, including death, and property damage arising from the storage, use or <br />handling of said materials. <br /> <br />INSURANCE. Buyer shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction <br />in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form to protect the interests <br />of Nor-Pac Seating. This insurance shall be in amount equal to the initial price quotation plus the value of subsequent modifications <br />thereto, shall be endorsed to be primary and non-contributory with any insurance maintained by Nor-Pac Seating, shall contain a <br />waiver of subrogation against Nor-Pac Seating, and evidence of this insurance shall be furnished to Nor-Pac Seating upon request. <br />