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Standard Terms and Conditions of Sale

This sale of product described herein, (“Product”) is made on the condition that Buyer assents to the promises, terms and conditions set forth below. These Terms and Conditions supersede all other agreements, and represent the entire agreement between the parties hereto. 1. Deliveries
Delivery of Product is F.O.B. place of shipment, which shall be determined by Thermal Technologies, Inc. (“TTI”). Any freight allowances are based on the date of the price quotation and may not be the amount ultimately charged by the shipping company. Additional charges will be processed if the actual shipping fees differ from those estimated on the Purchase Agreement. Product is shipped via UPS ground unless other arrangements are made with TTI prior to shipping.

5. Tax
In addition to the price for Product, Buyer agrees to pay the amount of any excise, sales, use, or other taxes related to the Product on their sale, except where the Buyer shall provide TTI with a Tax Exemption Certificate applicable to the taxing authority.

6. Disclaimer
TTI and other manufacturers disclaim any liability for Product defect claims that are due to Product misuse, improper Product selection or misapplication, or damage to installed Product. TTI and other manufacturers make no warranty as to the design of the Product and will not assume responsibility for any damage or harm to buildings and/or individuals arising from Product misuse, installation, improper Product selection or application. In no case will TTI or other manufacturers be liable for any incidental, indirect, or consequential damages arising from the design or performance of the Product. Any and all damage caused to Manufacturer Products by buyer, contractor and/or other subcontractors’ must be reported to Manufacturer within 24 hours. Buyer agrees to provide all Product installation and operating information materials, supplied by Manufacturer, to all subcontractors who will perform work or have contact with the Products. Buyer also agrees to enforce all necessary precautions and/or collection of damages to products caused by self or others. Buyer will assume full liability for damage caused by self or subcontractor to Products

2. Warranties
a) All Product sold by TTI are warranted for panels only. The heat tape, heat tape accessories and hydronic tubing will be warranted by the product Manufacturer. Generally heat tape and heat tape accessories supplied by TTI are generally warranted by the specific manufacturer for a period of 10 years. TTI offers no warranty of any kind, expressed or implied, with respect to the heat tape, heat tape accessories, thermostatic controllers , hydronic tubing, boiler systems and or components. Any other supplies purchased from TTI, and/or not manufactured by TTI are not warranted by TTI. Any and all warranty claims should be directed to the proper Manufacturer. Any warranty claims for TTI panels should be directed to info@ thermaltechusa.com or by calling 1-866-635-8123 TTI shall not be liable for any delay in or impairment of performance resulting in whole or in part from acts of God, labor disruptions, shortages, inability to produce Product, supplies of raw materials, severe weather conditions, or any other circumstances or causes beyond the control of TTI. Copies of Product Warranty shall be transmitted by Buyer to all subsequent purchasers. Buyer shall give TTI prompt oral and confirmed written notice of the Product the buyer considers to be subject to warranty claim. Since the use of these Products is beyond our control there is no express or implied warranty of results or of fitness for use. The Product is furnished upon the condition that the user will determine the suitability and fitness of use of the Product for any use to which it is put as well as for its inclusion as a component in any other Product; that he/she assumes all risks whatsoever, that TTI and other manufacturers shall not be liable for any injury loss or damage, direct or consequential, arising as a result of the use of or inability to use the product or its use in connection with or as part of any other product. Warranty for the extruded Aluminum Panels is 10 years. TTI will cover full replacement cost of the defected panel if upon an inspection done by TTI, a manufacturer’s defect is found. Warranty on the powder coated finish is 10 years. Finish is guaranteed against chalking, fading, peeling, and/or sun damage.

b) c)

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

d)

8. Integration Clause
There shall be no waiver, alteration, modification, or change of any of the provisions or terms and conditions indicated above, except in writing and signed by a duly authorized representative of TTI.

e)

9. Returns
All 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 customized systems cannot reasonably be reused or resold and therefore agrees that under no circumstances will customized systems be authorized for return or refund.

10. Repeat Orders
Your initial authorization and acknowledgement of these ‘Standard Terms and Conditions of Sale’ can be used for subsequent orders.

f) g)

11. Restocking Fee
Once any portion of an order has been shipped from TTI facility, the entire sale is considered as complete and final. In the event TTI authorizes the Buyer to return the Product for a refund or for exchange, it is agreed that a 15% restocking fee will be charged based on the price that the Buyer paid for the returned Product. Return freight costs are paid by the Buyer. No C.O.D. shipments will be accepted. Upon receipt and inspection of the returned Product a refund will be issued minus the restocking fee.

3. Payment Terms
All payments for Product, taxes and shipping under this agreement are due in full prior to the shipment of Product.

4. Securing Payment
Buyer agrees to pay in full prior to shipping using a check, certified funds, wire transfer or major credit card. If the buyer defaults in his payment obligations, Buyer agrees to pay attorney fees, costs of court and costs of collection incurred at any time.

12. Jurisdiction and Venue
Buyer agrees that this agreement shall be construed according to the laws of the State of Utah and in the event any legal action is undertaken for any reason that jurisdiction and venue shall be in the State of Utah, County of Salt Lake.

IN WITNESS WHEREOF, the contractor and/or Buyer signifies their complete understanding and agreement to comply with the terms hereof by affixing their signatures on the appropriate location of the TTI agreement sheet. Further, the signing individual verifies that he/she is authorized to sign for and in behalf of the Buyer. This agreement is entered into by Contractor and/or Buyer with Thermal Technologies Inc.