Standard Terms & Conditions of Sale

1. General. The tools, equipment, materials, and services (collectively, “Products”) which are set forth on the face hereof will be sold by Triple “D” Pump Co., a corporation domiciled in the State of Texas, USA, only upon the following terms and conditions of sale. These terms are intended to cover all transactions of Triple “D” Pump Co. and Customer hereunder, including sales and use of Products and all related matters, including technical advice and services. This document, together with any additional writing signed by an officer of Triple “D” Pump Co., represents a complete and exclusive statement of the agreement between the parties and may not be modified or supplemented by oral representations, Customer’s purchase order or any other document submitted by Customer, a course of dealing, Triple “D” Pump Co.’s performance or delivery of Products, or in any other way. Objection is made to any such attempted modification or supplementation. References on the face hereof to Customer’s purchase order or to Customer’s specifications and similar requirements are solely to describe the Products and such purchase order or other communications are not incorporated herein. Information on the World Wide Web as well as catalogues, circulars, and similar pamphlets of Triple “D” Pump Co. are for general information purposes only and do not modify the provisions hereof. None of the Standard Terms and Conditions of Sale herein set forth may be added to, modified, superseded, or otherwise altered, except by a written instrument, signed by an officer of Triple “D” Pump Co. To the extent not otherwise provided herein, the terms of sale shall be those provided by the Uniform Commercial Code in effect in the State of Texas on the date hereof which would be provided if the parties were silent as to those terms.
2.  Quotation; Shipping; Risk of Loss; Acceptance. Unless otherwise stated, Triple “D” Pump Co.’s quotations shall be effective only for a period of 60 days after the quotation. All quotations are subject to credit approval. All quotations and sales prices are FOB Triple “D” Pump Co.’s manufacturing facility in Waco, Texas unless otherwise noted, with Customer paying all shipping costs. Risk of loss passes to the Customer when the common carrier or Customer-furnished carrier picks up the Product at Triple “D” Pump Co.’s facility. In the absence of written shipping instructions from Customer, Triple “D” Pump Co. may ship the Products collect freight to Customer by any common carrier which it deems in its sole discretion satisfactory. All delivery dates which may be set forth are estimates of the time normally required to deliver such Products and are subject to change. Triple “D” Pump Co. will make all reasonable efforts to conform to delivery estimates but will not be liable for delays resulting from its failure to deliver in accordance with delivery estimates. Customer shall inspect and accept or reject the Products immediately upon delivery. ALL SALES ARE FINAL.
3.  Payment; Taxes. Invoices shall be paid to Triple “D” Pump Co. at its offices in Waco, Texas, due Net 30 Days from date of invoice unless otherwise stated. Prepayment, COD shipment, or a letter of credit from a satisfactory bank may be required. Quotations and prices set forth on the face hereof do not include sales, use, excise or other taxes. Unless Customer provides Triple “D” Pump Co. with a tax exemption certificate acceptable to the applicable taxing authorities, tax may be added to the prices set forth on the face hereof. Customer is responsible for all taxes.
4. Acknowledgment; Invoices. An order acknowledgment whether verbal or written, executed by Triple “D” Pump Co. pursuant to a purchase order executed by Customer constitutes an expression of acceptance of such purchase order, but such expression of acceptance is expressly conditioned upon Customer’s assent to these Standard Terms and Conditions of Sale, which assent will be deemed to have been given unless notice of cancellation of the purchase order is received by Triple “D” Pump Co. within 5 days following the sales confirmation date. Where Triple “D” Pump Co. does not issue either a quotation or sales confirmation, and ships Products pursuant to Customer’s purchase order, such sale shall also be subject to these Standard Terms and Conditions of Sale.
5. Triple “D” Pump Co. Limited Warranty. Triple D Pump Company Incorporated (referred to hereafter as the Company) warrants its pumps, controls, and lift station equipment to be free from defects in workmanship and materials for the period of one year from date of shipment to end customer, when used in a Sewage Lift Station for intermittent duty cycle (less than 50% duty cycle) pumping raw sewage or municipal waste water of a non-corrosive, non-abrasive nature.
   
   Obligation of this warranty shall be to replace defective parts with a new or remanufactured part, FOB: Factory.
   
   Time in field shall be determined from shipment date to date warranty claim is registered with Company.
   
   This warranty excludes failures caused by improper mechanical or electrical installation, defects in power supply or electrical protection, abrasive wear or improper maintenance or service activities. There must be no splice in the electrical cable within the wet well and pump thermal overload protection must be properly wired into control panel.
   
   The Company’s sole obligation under this warranty shall be to make repairs and/or replace parts when necessary on products that have been returned and found to be defective by the Company. The Company shall not be liable for any special , indirect, or consequential damages of any kind. Major components not manufactured by the Company are covered by the original manufacturer’s warranty in lieu of this warranty.
   
   The Company will not be held responsible for travel expenses , rented equipment, freight or delivery charges, outside contractors fees, or unauthorized repair expenses.
   
   The company neither assumes nor authorizes any person or other company to assume for it, any other obligation in connection with the sale of its equipment. Any enlargement or modification of this Warranty by a Representative, Distributor or other Sales Agent is expressly forbidden by the company. This warranty shall extend only to the original Owner and shall not apply to any products that have been repaired or altered without the Company’s consent or have been subject to misuse, accident or neglect.
   
   NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WILL APPLY.
6. Miscellaneous. All notices, demands and other communications which may or are required to be given hereunder or with respect hereto shall be in writing, shall be given either by personal delivery, facsimile transmission or by registered or certified mail, return receipt requested, and shall be deemed to have been given or made when personally delivered, or when received as evidenced by return receipt or confirmation of facsimile transmission addressed to the respective parties at the addresses shown on the front of this order acknowledgment. All of the terms and provisions of this agreement shall be binding upon and inure to the benefit of and be enforceable by the heirs, successors and permitted assigns of the signatories hereto. All matters related to the Warranty and/or the sale and/or use of Products, along with the construction and enforcement of the terms of this agreement itself, shall be subject to the substantive and procedural laws of the state of Texas, not the conflicts of laws provisions of Texas, but rather the laws of Texas themselves. Any dispute shall be presented in the form of a claim or lawsuit to the offices of Triple “D” Pump Co. in Waco, McLennan, County, Texas. No claim or suit may be brought against Triple “D” Pump Co. except in such forum. Any writ, judgment or other enforcement, obtained from a jurisdiction, county, parish, state or federal court or other country, other than from the forum identified above, shall be void and unenforceable against Triple “D” Pump Co.. In the event of a dispute or claim, such dispute or claim shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association. If required to accomplish the purpose of this arbitration clause, the purchaser hereby expressly waives any right to demand trial by jury.