LIABILITY OF THE SELLER UNDER THE SALE SHALL BE LIMITED TO THE REPLACEMENT OF ANY DEFECTIVE GOODS. SELLER EXCLUDES, AND BUYER HEREBY WAIVES, ALL WARRANTIES, GUARANTEES, AND OR LIABILITIES NOT SET FORTH EXPRESSLY IN THIS AGREEMENT, WHETHER ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION OF SELLER WITH REGARD TO CONSEQUENTIAL AND INCIDENTAL DAMAGES) AND WHETHER OR NOT OCCASIONED BY SELLER'S NEGLIGENCE: SELLER HEREBY EXCLUDES AND BUYER WAIVES, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE OR FOR A PARTICULAR, PURPOSE AND EXCLUDES AND WAIVES RECOVERY OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. SELLER EXCLUDES, AND BUYER RECOVERY BASED UPON ANY THEORY OF STRICT LIABILITY. NO WARRANTY SHALL BE EXTENDED, AND THESE EXCLUSIONS AND WAIVES SHALL NOT BE ALTERED OR IN ANY WAY VARIED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BE SELLER AND BUYER: PROVIDED THAT IN THE EVENT THE PROVISIONS RELIEVING SELLER FROM LIABILITY FOR ITS NEGLIGENCE OR FOR STRICT LIABILITY, OR EITHER OF THEM, SHOULD FOR ANY REASON BE INEFFECTIVE, THE REMAINDER OF THIS PARAGRAPH SHALL REMAIN IN FULL FORCE AND EFFECT.

THESE TERMS AND CONDITIONS SHALL SUPERCEDE ANY PROVISIONS, TERMS AND CONDITIONS CONTAINED ON ANY CONFIRMATION ORDER, OR OTHER WRITING THE BUYER MAY GIVE OR RECEIVE, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED EXCLUSIVELY BY THE PROVISIONS, TERMS AND CONDITIONS HEREOF. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THIS ORDER EXCEPT SUCH AS OUR EXPRESSLY CONTAINED HEREIN, AND THIS ORDER MAY NOT BE CHANGED OR MODIFIED ORALLY. THE SALE HEREIN HAS BEEN MADE AT CLEVELAND, OHIO AND THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, U.S.A.

PRODUCT MANUFACTURED OR FABRICATED BY SHORELINE MACHINE PRODUCTS CO., INC., SHORELINE PRODUCTS INC. (SHORELINE) ARE MANUFACTURED AND OR FABRICATED TO THE DESIGN AND/OR SPECIFICATIONS OF THE CUSTOMERS WITHOUT DISCLOSURE TO SHORELINE AS TO THE RESPECTIVE AND  CUSTOMERS AND/OR USAGE; THEREFORE, SHORELINE SPECIFICALLY DOES NOT WARRANT THE USES OR DESIGN OF ANY SUCH PRODUCT EITHER AS TO THE FITNESS, APPLICATION OR MERCHANTABILITY FOR ANY USE WHATSOEVER.