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Page 4 Terms and Conditions TC-798 1 Diversified Remediation and Controls,Inc ("DRC")is not a contracting company and only supplies labor for installing the systems that DRC sells Any labor performed on site is to be considered assistance to the site contractor Startup assistance maybe provided free of charge at DRC's discretion If start up assistance is not specifically outlined in the bid document,standard on site service charges shall apply 2 Terms are based on rated credit,otherwise other arrangements must be made These terms and conditions control over any terms presented by Buyer,through a purchase order or otherwise 3 Applicable incoming and outgoing shipping charges,taxes, and handling are not included unless specifically indicated in the purchase order Payment terms are 25%down with purchase order,balance net 30 days from date of shipment DRC reserves the right to invoice on finished goods if customer holds delivery beyond scheduled shipping date DRC reserves the right to invoice on partial shipments DRC will impose a late charge equal to 1 5%of the amount of the payment per month if not paid within 30 days after receipt of the invoice 4 In addition to the prices stated herein,Buyer shall reimburse DRG for any excise,sales or use taxes incident to this transaction for which DRC may be liable or which we are compelled to collect 5 Prices maybe adjusted to reflect change in metal cost between time of quotation and time of shipment 6 Unless specifically stated to the contrary,quotations are made and orders are accepted for delivery as fast as manufactunng production will permit,and a commercially reasonable effort will be made to fill orders within the time promised,but the DRC does not assume responsibility for any damages due to delays 7 In ordering,the Buyer should state explicitly the method of shipment preferred and,in the absence of shipping direcuons,DRC will use discretion Title shall pass to Buyer,and Buyer shall assume the risk of loss,when DRC delivers the shipment to Buyer's carrier at DRC's shipping dock 8 Any changes to the orders must be submitted to DRC in writing prior to acceptance of the purchase order in order to avoid a charge Changes made after DRC's acceptance of the purchase order are subject to change order fees All costs for the changes,including but not . limited to additional engineering and unused materials will be reflected in the price or may be billed separately to the Buyer 9 Buyer may not cancel an order unless Buyer assumes immediate liability and makes payment to the DRC for(a)all completed work at the unit price,and(b)all work in process on the basis of the percentage of completion thereof times the order unit price,or all raw matenal, engineering and other cancellation charges incurred plus handling,overhead and profit 10 DRC reserves the right to use discretion and its knowledge of remediation systems to make minor assumptions regarding the interpretation of the engineer's specifications DRC does not accept liability for costs incurred on items the engineer deems unacceptable alternates In such cases,DRC reserves the right to modify its quote to reflect any changes If these modifications occur after acceptance of the purchase order they will be handled as change orders 11 When it becomes necessary that completed,or partially completed items be stored,any and all extra costs for handling and storage will be charged to Buyer on a separate invoice Any handling or storage invoice must be paid prior to shipment of any equipment Under no conditions will any items be stored at DRC's facility beyond 30 days after completion In the event that space limitations make storage of any item on DRC's premises inconvenient,Buyer shall make arrangements for pickup of shipment within 5 days after notification of completion 12 DRC will provide two sets of submittals on major system components at no charge to the purchaser for approval Additional copies will be charged ata cost of S 25 per page Submittals will include system drawings as well as component information 13 DRC shall not be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed due to Force Majeure "Force Majeure"is defined as an act of God,war,hostilities,revolution,civil commotion,not,epidemic,wind,flood, strike,fire,any law order,proclamation,regulation,or ordinance of any government or subdivision thereof,delay in delivery of materials,or any other cause,whether similar or different to those enumerated beyond the reasonable control of the party affected However,the duty of the Purchaser to pay for goods already received is never suspended 14 DRC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO GOODS SOLD UNDER THIS AGREEMENT THERE ARE NO ORAL OR WRITTEN,EXPRESS OR INTLIED OR OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF BRC warrants the products of its own manufacture shall be free from defects in materials and workmanship for one year from the date of shipment or from the date the equipment is tagged if such goods have been properly installed,are subject to normal use,and have not been modified in any way whatsoever Upon return of the defective product to DRC,DRC will,at its sole discretion,and as the exclusive remedy for a breach of warranty,either repair or replace such goods as may be of defective material or workmanship This hrmted warranty extends only to products manufactured by DRC DRC reserves the right to first remedy any problems that would not be covered under the standard warranty DRC will not be responsible for any charges incurred by the customer for any reason unless it is pre-approved in venting by an officer of DRC BRC is not responsible for either incoming or outgoing freight Freight charges will be the responsibility of the Buyer IN THE EVENT OF A BREACH OR REPUDIATION OF THIS AGREEMENT BY DRC,BUYER SHALL NOT BE ENTITLED TO ANY DAMAGES,INCLUDING,BUT NOT LIMITED TO, ANY DELAY,CONSEQUENTIAL OR INCIDENTAL DAMAGES AS DEFINED IN SECTION 2-715 OF THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE OF MINNESOTA Diversified Remediation and Controls,Inc 6701 Bleck Drive Rockfoid,MN 55373 PHONE (763)565 3000 FAX (763)565-3001 www dre 1 com