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Disclaimer

  1. ALL CUSTOMER ORDERS ARE SUBJECT TO ACCEPTANCE OR REJECTION BY TAMPA CANE & BODY, INC
  2. ACCEPTED ORDERS MAY NOT BE CANCELLED WITH OUT WRITTEN CONSENT FROM TAMPA CRANE& BODY, INC, TERMS THAT WILL COMPENSATE TAMPA CRANE& BODY, INC FULLY FOR ANY LOSS OR DAMAGE AS A RESULT OF SUCH CANCELLATION
  3. CUSTOMER ACKNOWLEDGES THAT TAMPA CRANE& BODY, INC CANNOT BE RESPONSIBLE FOR PRODUCTION DELAYS FROM BODY, EQUIPMENT OR CHASSIS MANUFACTURER, OR ANY OTHER PROVIDER OF PARTS, MATERIALS, SUPPLIES OR SERVICES WHICH ARE NOT UNDER TAMPA CRANE& BODY, INC’S DIRECTION OR CONTROL. THEREFORE CUSTOMER AGREES TAMPA CRANE& BODY, INC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM PERFORMANCE OR DELIVERY DELAYS OCCASIONED BY OR ATTRIBUTABLE TO SUCH THIRD PARTIES. IN ADDITION TAMPA CRANE& BODY, INC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM FAILURE TO COMPLETE PREFORMANCE OF THIS AGREEMENT IN ACCORDANCE WITH IT’S TERMS (INCLUDING DELIVERY DATE) IF SUCH FAILURE IS DUE TO WARS, STRIKES, FLOODS, FIRES, ACCIDENTS, DELAYS IN TRANSPORTATION OR OTHER ACTS OF FORCE MAJEURE, OR OTHER CAUSES BEYOND TAMPA CRANE& BODY, INC’S REASONABLE CONTROL.
  4. TAMPA CRANE& BODY, INC MAKES NO WARRANTY WITH RESPECT TO PRODUCTS OR COMPONENT PARTS MANUFACTURED BY OTHERS AND SUPPLIED TO TAMPA CRANE& BODY, INC BY SUCH THIRD PARTIES. THE ONLY WARRANTIES OFFERED WITH RESPECT TO SUCH PRODUCTS OR PARTS IF ANY, ARE THOSE OFFERED BY THE MANUFACTURER OF SUCH PRODUCTS OR PARTS. IN ADDITION, TAMPA CRANE& BODY, INC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TAMPA CRANE& BODY, INC FURTHER DISCLAIMS ANY LIABILITY FOR LOSS OF PRODUCT, PROFITS, TIME OR ANY OTHER DIRECT OR INDIRECT OR CONSEQUENTIAL LOSSES, DAMAGES (INCLUDING PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH) OR ANY DAMAGES RESULTING FROM DELAY IN PERFORMANCE. NO EMPLOYEE OR REPRESENTATIVE OF TAMPA CRANE& BODY, INC IS AUTHORIZED TO CHANGE THE WARRANTY DISCLAIMER OR IN ANY WAY TO GRANT ANY WARRANTY ON BEHALF OF TAMPA CRANE& BODY, INC.
  5. THESE TERMS AND CONDITIONS SHALL BE GOVERENED BY AND CONSTRUEDIN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. ANY CLAIM AGAINST TAMPA CRANE& BODY, INC ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, OR THE UNDERLYING SALE TO WHICH THESE TERMS AND CONDITIONS APPLY, MUST BE FILED AND ADJUDICATED IN A COURT OF COMPETENT JURISTICTION IN HILLSBOROUGH COUNTY, FLORIDA, OR THE UNITED STATES DISTRICT COURT FOR HILLSBOROUGH COUNTY, FLORIDA.
  6. TAMPA CRANE& BODY, INC MAY RESCIND, AMEND, MODIFY OR OTHERWISE ALTER THESE TERMS AND CONDITIONS IN TAMPA CRANE& BODY, INC’S SOLE DISCRETION. THE APPLICABLE TERMS AND CONDITIONS OF ANY SALE BY TAMPA CRANE& BODY, INC SHALL BE THOSE ATTACHED TO AND MADE PART OF TAMPA CRANE& BODY, INC’S ORDER ACKNOWLEDGEMENT, INVOICE, OR DELIVERY RECEIPT WITH RESPECT TO SUCH SALE.
  7. THE ORDER ACKNOWLEDGEMENT, INVOICE OR DELIVERY RECEIPT TO WHICH THESE TERMS AND CONDITIONS ARE ATTACHED, TOGETHER WITH THESE TERMS AND CONDITIONS, CONTAIN THE COMPLETE AND FINAL AGREEMENT BETWEEN THE PARTIES HERETO WITH RESPECT TO THE SALE AND PURCHASE TRANSACTION EMBODIED HEREIN, AND NO CUSTOMER – SUPPLIED PURCHASE ORDER TERMS, VERBAL AGREEMENTS OR OTHER AGREEMENT, IN ANY WAY MODIFYING ANY OF THESE TERMS AND CONDITIONS, WILL BE BINDING ON TAMPA CRANE& BODY, INC UNLESS AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF TAMPA CRANE& BODY, INC.