Warranty

or issuance of credit shall constitute fulfillment of all liabilities of Bootz to Buyer with respect to, or arising out of, the goods,
whether based on contract, negligence, strict tort or otherwise. Bootz reserves the right to change design, color, models and to
discontinue the manufacture of any goods. THE PROVISIONS OF THE PARAGRAPH 7 ARE SUBJECT, WHERE
APPLICABLE, TO THE PROVISION OF PARAGRAPH 8.
8. DISCOUNT IN LIEU OF DEFECTIVE/DAMAGED GOODS. Notwithstanding anything contained herein to the contrary, if
Bootz had given Buyer a discount in lieu of defective/damaged goods (which, if given, will be indicated on the front side hereof),
then in consideration for said discount, Buyer shall be responsible to handle, and absorb all costs associated with, all normal and
incidental problems relating to the goods sold hereunder, including, but not limited to, defective or damaged goods, and as such
Bootz shall have no responsibility or liability for the same.
9. LIMITATION OF LIABILITY. Bootz shall not under any circumstances be liable for incidental damages or for special or
consequential damages. The remedies of Buyer set forth herein are exclusive, and the liability of Bootz with respect to any
contract or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale,
delivery, resale, installation or use of any goods covered by or furnished under this agreement, whether arising out of contract,
negligence, strict tort, or under any warranty or otherwise, shall not, except as expressly provided herein, exceed the price of
the goods upon which such liability is based. This limitation of liability applies to original and replacement goods.
10. RETURNED GOODS. No goods may be returned without prior consent and written approval from Bootz. Transportation
costs for returned goods must be paid by Buyer. Goods must be packed in such a manner to insure safe delivery to factory. No
credit will be allowed for damage not attributable to Bootz. If Bootz approves returned goods, credit will be given, less charges
for rehandling and all costs required to make the goods saleable, on the basis of the price in effect when goods are returned,
original purchase price or current published price, whichever is lower.
11. CONTROLLING LAW. This transaction shall be governed by, and this agreement shall be construed and enforced in
accordance with the laws of Indiana. If any provision, clause or part of the agreement or application of the agreement which can
be given effect without the invalid or unconscionable provision or application, and to this end the provisions of this agreement
are declared to be severable.