LIMITATION OF  LIABILITY

IN NO EVENT SHALL METTLEAIR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL, PUNITIVE DAMAGES OF ANY KIND, OR DAMAGES CAUSED BY DELAY IN  PERFORMANCE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, COST OF  SUBSTITUTES, ARISING FROM OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ORDER,  WHETHER FOR BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER  TORT.   METTLEAIR’S MAXIMUM LIABILITY  FOR ANY CLAIMS ARISING FROM OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ORDER,  WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE INVOICED  PURCHASE PRICE OF THE PRODUCT(S) GIVING RISE TO THE CLAIM.

 It is agreed and acknowledged that the provisions of these Terms allocate the  risks between  MettleAir and the Buyer in  a fair and equitable manner, MettleAir’s pricing reflects this allocation of  risk, and but for this allocation and limitation of liability, MettleAir would  not have agreed to sell the Products to Buyer.

In jurisdictions that limit the scope of, or preclude limitations or exclusions  of, remedies or damages or of liability such as liability for gross negligence  or willful misconduct or do not allow implied warranties to be excluded, the  limitation or exclusion of warranties, remedies, damages or liability set forth  herein are intended to apply to the maximum extent permitted by applicable law.

CALIFORNIA PROPOSITION 65 WARNING

This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.