TRANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING THE IAQ AWARD, INCLUDING BUT NOT LIMITED TO PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH THE IAQ AWARD, EQUIPMENT, ANY COMPONENT THEREOF, SERVICES, RECOMMENDATIONS, OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION, OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY IAQ AWARD, EQUIPMENT, ANY COMPONENT THEREOF, SERVICES, RECOMMENDATIONS, OR OTHERWISE AND THE IAQ AWARD RECIPIENT HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
IN NO EVENT WILL TRANE BE LIABLE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING BUT NOT LIMITED TO DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COST, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE, ARISING OUT OF OR RELATED TO THIS IAQ AWARD AND THE IAQ AWARD RECIPIENT HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH LIABILITIES.
There is evidence from ASHRAE® and other sources that HVAC technologies can mitigate the risk of exposure to infectious aerosols in built environments; however, the transmission of SARS-CoV-2 and mitigation of COVID-19 in buildings is yet to be tested and confirmed.