8/2/2019 Thermal Terms & Conditions of Sale

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This sale o product described herein, (Product) is made on the condition that Buyer assents to the promises, terms and conditions set orth below.These Terms and Conditions supersede all other agreements, and represent the entire agreement between the parties hereto.

1. DeliveriesDelivery o Product is F.O.B. place o shipment, which shall be determinedby Thermal Technologies, Inc. (TTI). Any reight allowances are basedon the date o the price quotation and may not be the amount ultimatelycharged by the shipping company. Additional charges will be processedi the actual shipping ees dier rom those estimated on the PurchaseAgreement. Product is shipped via UPS ground unless other arrange-ments are made with TTI prior to shipping.

2. Warrantiesa) All Product sold by TTI are warranted or panels only. The heat

tape, heat tape accessories and hydronic tubing will be warrantedby the product Manuacturer. Generally heat tape and heat tapeaccessories supplied by TTI are generally warranted by the specifcmanuacturer or a period o 10 years. TTI oers no warranty oany kind, expressed or implied, with respect to the heat tape, heattape accessories, thermostatic controllers , hydronic tubing, boiler

systems and or components. Any other supplies purchased romTTI, and/or not manuactured by TTI are not warranted by TTI. Anyand all warranty claims should be directed to the proper Manuac-turer.

b) Any warranty claims or TTI panels should be directed to ino@thermaltechusa.com or by calling 1-866-635-8123

c) TTI shall not be liable or any delay in or impairment o per-ormance resulting in whole or in part rom acts o God, labordisruptions, shortages, inability to produce Product, supplies o rawmaterials, severe weather conditions, or any other circumstances orcauses beyond the control o TTI.

d) Copies o Product Warranty shall be transmitted by Buyer to all sub-sequent purchasers. Buyer shall give TTI prompt oral and confrmedwritten notice o the Product the buyer considers to be subject towarranty claim.

e) Since the use o these Products is beyond our control there is no

express or implied warranty o results or o ftness or use. TheProduct is urnished upon the condition that the user will determinethe suitability and ftness o use o the Product or any use towhich it is put as well as or its inclusion as a component in anyother Product; that he/she assumes all risks whatsoever, that TTIand other manuacturers shall not be liable or any injury loss ordamage, direct or consequential, arising as a result o the use o orinability to use the product or its use in connection with or as parto any other product.

) Warranty or the extruded Aluminum Panels is 10 years. TTI willcover ull replacement cost o the deected panel i upon an inspec-tion done by TTI, a manuacturers deect is ound.

g) Warranty on the powder coated fnish is 10 years. Finish is guaran-teed against chalking, ading, peeling, and/or sun damage.

3. Payment TermsAll payments or Product, taxes and shipping under this agreement aredue in ull prior to the shipment o Product.

4. Securing PaymentBuyer agrees to pay in ull prior to shipping using a check, certifedunds, wire transer or major credit card. I the buyer deaults in his pay-ment obligations, Buyer agrees to pay attorney ees, costs o court andcosts o collection incurred at any time.

5. TaxIn addition to the price or Product, Buyer agrees to pay the amount oany excise, sales, use, or other taxes related to the Product on their sale,except where the Buyer shall provide TTI with a Tax Exemption Certifcateapplicable to the taxing authority.

6. DisclaimerTTI and other manuacturers disclaim any liability or Product deectclaims that are due to Product misuse, improper Product selection ormisapplication, or damage to installed Product. TTI and other manu-acturers make no warranty as to the design o the Product and willnot assume responsibility or any damage or harm to buildings and/orindividuals arising rom Product misuse, installation, improper Productselection or application. In no case will TTI or other manuacturers beliable or any incidental, indirect, or consequential damages arising romthe design or perormance o the Product. Any and all damage causedto Manuacturer Products by buyer, contractor and/or other subcontrac-

tors must be reported to Manuacturer within 24 hours. Buyer agreesto provide all Product installation and operating inormation materials,supplied by Manuacturer, to all subcontractors who will perorm work orhave contact with the Products. Buyer also agrees to enorce all neces-sary precautions and/or collection o damages to products caused by selor others. Buyer will assume ull liability or damage caused by sel orsubcontractor to Products

7. Exclusions.Sale is or Product only. All other additional items including breakers andancillary electrical supplies will need to be provided by others

8. Integration ClauseThere shall be no waiver, alteration, modifcation, or change o any o theprovisions or terms and conditions indicated above, except in writing andsigned by a duly authorized representative o TTI.

9. ReturnsAll Product returns must be authorized by TTI in writing. Authorization

may be withheld, in TTI reasonable discretion, based upon time, product,and other constraints. Buyer understands and agrees that customizedsystems cannot reasonably be reused or resold and thereore agrees thatunder no circumstances will customized systems be authorized or returnor reund.

10. Repeat OrdersYour initial authorization and acknowledgement o these Standard Termsand Conditions o Sale can be used or subsequent orders.

11. Restocking FeeOnce any portion o an order has been shipped rom TTI acility, the en-tire sale is considered as complete and fnal. In the event TTI authorizesthe Buyer to return the Product or a reund or or exchange, it is agreedthat a 15% restocking ee will be charged based on the price that theBuyer paid or the returned Product. Return reight costs are paid by theBuyer. No C.O.D. shipments will be accepted. Upon receipt and inspec-tion o the returned Product a reund will be issued minus the restockingee.

12. Jurisdiction and VenueBuyer agrees that this agreement shall be construed according to thelaws o the State o Utah and in the event any legal action is undertakenor any reason that jurisdiction and venue shall be in the State o Utah,County o Salt Lake.

IN WITNESS WHEREOF, the contractor and/or Buyer signifes their complete understanding and agreement to comply with the terms hereo by afx-ing their signatures on the appropriate location o the TTI agreement sheet. Further, the signing individual verifes that he/she is authorized to signor and in behal o the Buyer. This agreement is entered into by Contractor and/or Buyer with Thermal Technologies Inc.

Standard Terms and

Conditons of Sale