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CCEPTED BY THE PURCHASER WILL CONSTITUTE A BONA FIDE CONTRACT BETWEEN US, SUBJECT TO ALL TERMS AND CONDITIONS TO FOLLOW. IF THIS PROPOSAL IS ACCEPTABLE, PURCHASER MUST SIGN AND RETURN WHITE COPY. (MARKED ORIGINAL). 2. UNLESS OTHERWISE SPECIFIED, TERMS ARE NET TEN (10) DAYS UPON COMPLETION OF THE INSTALLATION WORK. WE RESERVE THE RIGHT TO CHARGE A MONTHLY HANDLING CHARGE ON ANY PAST DUE BALANCE TO COVER ASSOCIATED COSTS. 3. IF TERMS AND CONDITIONS OF THIS CONTRACT ARE NOT FULLY COMPLIED WITH, REASONABLE COURT COST AND ALL COSTS OF COLLECTION INCLUDING ATTORNEY'S FEES ARE CHARGEABLE HEREWITH. CALIFORNIA LAW GOVERNS THIS TRANSACTION. FULL RISK OF LOSS AND TITLE PASSES TO THE BUYER UPON DELIVERY OF THE- GOODS TO A CARRIER AT THE F.O.B. POINT. BUYER GRANTS SELLER A SECURITY INTEREST IN THE GOODS TO SECURE PAYMENT IN FULL. UPON BUYER'S DEFAULT IN PAYMENT, SELLER MAY AT ITS OPTION ENTER THE PROPERTY WHERE ANY GOODS ARE LOCATED AND REPOSSESS THE GOODS, WITH OR WITHOUT JUDICIAL PROCESS. ADDITIONALLY SELLER MAY PURSUE ANY OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY. ANY EQUIPMENT OR GOODS FURNISHED BY SELLER AS A PART OF THIS PROPOSAL IS WARRANTED BY THE MANUFACTURERS POLICY AND PASSES ON TO THE BUYER. IT IS EXPRESSLY AGREED THAT SELLER SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION LOSS. -OF PROFITS OR REVENUE, COSTS OF CAPITAL, LOSS OF USE OF ANY EQUIPMENT, OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH DAMAGES. 4. EXCAVATION QUOTATIONS ARE BASED ON NORMAL SOIL CONDITIONS. IN THE EVENT ANY UNDER- GROUND STRUCTURES, CABLES, CONDUIT, DEBRIS, ROCK, WATER, OR RUNNING SAND ARE EN- COUNTERED DURING THE PERFORMANCE OF THIS CONTRACT THE SELLER SHALL NOT BE RESPONS- IBLE FOR DAMAGES. ADDITIONAL COSTS RESULTING SHALL BE BORNE BY THE PURCHASER, BUT SHALL IN NO CASE EXCEED RATE SCALES CURRENTLY EXSISTING FOR LABOR AND MATERIALS. PURCHASER SHALL BE RESPONSIBLE FOR FILLING ALL UNDERGROUND TANKS WITH LIQUID BALLAST IMMEDIATELY UPON SETTING TANKS IN EXCAVATION WE WILL NOT BE RESPONSIBLE FOR ANY CALIFORNIA CONTRACTORS LIC. #41405100466 THIS PAGE BECOMES PART OF AND IN CONFORMANCE WITH PROP09/L NO. WESTERN METER SERVICE INC. .lob Name PESCADEEM RECIAMATION DISTRICT Accepted by.S2�Date 197 Submitted by Date JANURAY 311y 89 Accepted b Y Date)K -;t, s _ INITI ALS ORIGINAL