DISCLAIMER FOR FLEXFRAC PROPPANTS
FlexFrac Proppant Sand Suppliers, LLC (“FlexFrac”) makes no warranty or representation (express or implied) concerning any product (either offered, presented or sold by FlexFrac or listed on its Web site) as to its merchantability, its fitness for any purpose or use, or for accuracy or completeness of any information listed by FlexFrac. It is the sole responsibility of the purchaser and/or end user of the product to investigate and understand all pertinent sources of information and to comply with all laws, regulations and procedures applicable to the safe handling, use and disposal of the product and to determine the suitability of the product for its intended use. It is agreed between FlexFrac and purchaser that no claim of damages of any kind, whether as to the product delivered, for non-delivery of product or use of product and whether based on Breach of Contract, Breach of Warranty, Breach of Representations, FlexFrac’s own Negligence, Breach of Statutes or otherwise shall be greater than the cost of the invoice related to the transaction. In no event shall FlexFrac be liable for any incidental or consequential damages, even if the claim is based on Breach of Contract, Breach of Warranty, Breach of Representations, FlexFrac’s own Negligence, Breach of Statutes or otherwise. Purchaser agrees to release FlexFrac from any and all claims for Breach of Contract, Breach of Warranty, Breach of Representations, FlexFrac’s own Negligence, Breach of Statutes, in exchange for the sole remedy provided for in this disclaimer.
SILICA WARNING
Supplier’s products contain respirable crystalline silica, which is considered by some sources to be a cause of cancer and can lead to death. Breathing excessive amounts of respirable silica dust can also cause a disabling and potentially fatal lung disease called silicosis, and has been linked by some sources with other diseases. During transportation, use, clean-up or handling, follow all NIOSH and MSHA procedures and recommended practices, including wearing properly-fitted, NIOSH-approved or MSHA-approved air supplied protective equipment in accordance with applicable government regulations and manufacturer instructions. For further information, refer to the appropriate Material Safety Data Sheet, a copy of which is available from the Supplier upon request. Customer hereby accepts all responsibility to maintain a safe work environment, warn, notify, train and provide all necessary and appropriate NIOSH/MSHA-approved protective equipment to all persons handling or in the presence of this product, and enforce the requirement that NIOSH/MSHA-approved protective equipment be used when handling the product. During clean-up, use HEPA vacuums or wet cleanup methods. Never dry sweep this product. For further information, refer to the appropriate Material Safety Data Sheet (“MSDS”). Failure to adhere to our warnings, MSDS, and handling instructions may lead to serious personal injury or death.
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