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APR-10-2003 13 30 P 06/10 C NA[R"' LMVIRaNMENfaL=Y+TCIA6 Terms and Conditions ACCEPTANCE This proposal Is an invitation for an offer and will become a binding contract when accepted LIMITATION OF PROPOSAL The prices and terms quoted in this proposal are subject to acceptance by the purchaser within a period of(30)calendar days from the date hereon EXCLUSIONS This proposal is based soJefy and completely on specifications submitted to Carbonair Erivironmenlal Systems, Inc (Carbonair) at the time of the writing of the proposal General plans and speclfication not actually submitted shall not apply This proposal, together with all annexed spocificat€ons, when accepted, shall be the complete agreement between the parties, and any alternations or unusual and undisclosed conditions or deviations from the above specifications involving extra costs shall be agreed upon in writing by both parties and shall become an additional charge over and above the proposal price set forth herein Delays or impossibility of performance by Carbonair because of strikes, accidents, or othQr reasons beyond the control of Carb4na€r shall relieve us from all liability herein SHIPMENT Time of shipment shall be no longer than eight to ten (8-10) weeks after receipt of order and acceptance and final approval of all drawings and submittal TERMS OF PAYMENT, Subject to the payment terms described in the General Conditions section in the proposal We reserve the right to cancel the contract or cease work if payments thereon are not received when due 1 5% per month shall be charged on all unpaid balances TAXES The Purchaser shall pay any local,state or federal sales, excise or use tax imposed on the equipment in addition to the paces quoted WARRANTY LIMITATION There are no warranties that extend beyond the warranties herein after expressed WARRANTIES All work shall be done in a workmanlike manner according to standard practices We warrant performance against defects in workmanship for a period of twelve (12) months from date of shipment We agree to pass on to the Purchaser such warranties, if any, as may be extended by the manufacturer for material supplied Labor for replacing defective materials shall not be provided by us unless it is specifically spelled out in the proposal We shall not he responsible for materials damaged, lost or stolen after delivery, through no fault of ours, or for failure to deliver and perform because of reasons beyond our control EXCLUSIVE REMEDIES Remedies arc limited to the repair or replacement at FOB point of delivery Consequential damages are excluded In no event shall Carbonsir be responsible for consequential damages of any such defective material or workmanship including, but not limited to, the Purchaser's loss of material or profits, increased expenses of operation, downtime or reconstruction of the work and In no event shall Carbonair's obligation under this warranty exceed the onginal contract price of the defective Item It is agreed that any action for breach of express or implied warranty shall be initiated within fifteen(15) months of the date of shipment by Carbonalr and only those detects that are documented to have occurred within twelve (12)months of shipment will be covered by the warranty DISCLAIMER Carbonair will not be responsible for damage to equipment or matenals through improper installation, storage, improper services, or through attempts to operate it in excess of its rated capacity or recommended use, Intentional or otherwise by partes other than Carbonair or its authorized representatives CONDITIONS OF SAFE Prices quoted are those now in affect Seller reserves the right to bili A the prices in effect at the time of shipment if the proposal is not accepted in writing within thirty (30) days, unless a longer term of validity is in writing on the proposal LIMITATIONS OF LIABILITY A Neither Seller nor its suppliers of any tier will be liable to Purchaser, whether in contract in tort (including negligence and strict liability), under any warranty or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, or for loss of or to the plant,loss of use of equipment or power system cost of capital, loss of profits or revenue or the loss of use thereof cost of environmental damage or clean-up, or claims of customers of Purchaser The rem©dies set forth herein are exclusive, and the total cumulative liability of seller and it suppliers under any purchase order or any act or omission in connection therewith or related thereto, whether in contract, in tort (including negligence and strict liability) under any warranty, or otherwise,will be limited to the price of the contract B The provisions of this Article shall survive termination, cancellation or expiration of the purchase order and shall apply, notwithstanding any other provisions of this Agreement or any related document thereto, to the fullest extent permitted by law Prior to the transfer of any equipment or material fumished ar for which work is furnished hereunder from the project site (except temporarily for repair work or permanently for disposal), or the transfer of any interest therein or in the plant, Purchaser shall obtain for Seller written assurances from the transferee of limitation of and protection against liability following the proposed transfer at least equivalent to that afforded seller and its suppliers under the purchase order