Terms and Conditions of Sale

GENERAL: It is understood that no oral promises, agreements, or other understandings exist except as herein specified. Kennedy Tank and Manufacturing Company, Inc. is hereinafter referred to as .Kennedy. and the buyer, owner or purchaser is hereinafter referred to as .Purchaser. Kennedy shall have no obligation to maintain this proposal after thirty (30) days. It shall become a binding contract on both parties only if the same or a purchase
order covering the same is signed by Purchaser and accepted and acknowledged by an executive of Kennedy.

DELIVERY DATES: Shipping promise shown is based on present conditions of supply and scheduling. If, however, it is imperative that shipment be made earlier than indicated, please advise and Kennedy will make an immediate investigation with a view to improving delivery to meet your requirements.

Shipping and completion dates expressed or implied are based on prompt receipt of order and/or approved drawings. Shipping promise will be calculated from time of receipt of order, approved drawings or release for fabrication, whichever is later.

Kennedy shall not be responsible for delays in shipment or completion due to conditions beyond its control, including, but not limited to, accidents, strike, actions of mobs, default of delivery promises by suppliers, operation of the law and acts of God.8

SPECIFICATIONS: Items quoted are intended to conform to plans, specifications and/or descriptions available, but conformity is not guaranteed by Kennedy and should be verified by Purchaser.

DELAYS BY PURCHASER: Quotations assume, unless otherwise stated, that Purchaser's order will permit Kennedy to obtain, or set aside, necessary material and schedule production immediately upon receipt of order and/or approved drawings. If the conditions of Purchaser's order or delay of over 30 days in returning approved drawings do not permit obtaining, or setting aside material or scheduling production, Kennedy reserves the right to review and requote to adjust any increase in costs experienced by Kennedy from the date of order to date of release for fabrication by Purchaser.

If completion of fabricated material is made to coincide with the scheduled delivery, and shipment is delayed by Purchaser, such material will be subject to invoicing upon storage in our yard. Such storage to be at Purchaser's risk and any expense involved in storing or moving shall be for Purchaser's account. Kennedy shall not be. obligated to change completion schedule after fabrication has begun. Expense caused by such delays during fabrication or installation, caused by Purchaser, shall be borne by Purchaser.

HAULING: If hauling or shipping charges are included or quoted, such quotation is F.O.B. cars or trucks. Unless otherwise specified, Purchaser is to receive and unload any material on trucks which cannot be unloaded at site by Kennedy's driver. If changes in shipping rate are made before shipment, contract price will be adjusted accordingly.

F.O.B. PLANT: Shall be interpreted to include loading on cars or trucks at Kennedy's plant, but not include blocking and anchoring.

TERMS: To firms of approved credit. Net thirty (30) days after date of invoice. Thereafter, interest charges will accrue at One and One-half Percent (1 1/2%) per month until paid in full. Any amounts due after Forty-five (45: days may be turned over to Kennedy's attorneys with Purchaser agreeing to pay costs of the Collection including reasonable attorney's fees. Any other terms are subject to approval of an officer of Kennedy's.

TITLE: Title to and ownership of said property shall remain vested in Kennedy until the entire purchase price herein provided for shall have been paid in full in cash; in case of failure or refusal to make payments when due, then and in any such event, the whole of the unpaid portion of the purchase price shall, at Kennedy's option become immediately due and payable.

INSTALLATION: If installation is quoted, it is assumed, unless otherwise specified, that normal conditions will be encountered, and that any delays, obstructions, etc., caused by the Purchaser or his agents, or by unusual and unanticipated conditions at the site, such extra expense thereby caused shall be for Purchaser's account.

If in excavating, water, quicksand, rock, extremely rough fill, etc., is encountered, price shall be adjusted accordingly to cover extra expense necessary to complete installation. Kennedy shall not be held liable for
breaking, destroying or otherwise mutilating underground installations such as sewers, water or steam lines, electric or telephone cables, etc., unless such obstructions have been accurately located and marked and the locations given to Kennedy by the Purchaser. Purchaser shall indemnify and hold Kennedy harmless from all liability for any damage to underground installations or obstructions caused by Kennedy or its agents or contractors whether due in whole or in part to negligence of Kennedy, where the same have not been located and marked for Kennedy.

TAXES: Contract price is subject to increase by amount of any Sales, Use, or Excise Tax or other similar tax, however designated, levied or charged, either by Federal, State, City or other governmental agency, unless such tax is specifically included in quotation.

PRICE ADJUSTMENT: Price or prices quoted herein are based on present material, shop and freight costs. In the event of a change, before completion, in aforementioned factors, Kennedy reserves the right to adjust the selling price to directly reflect s.uch changes.

UNASSEMBLED MATERIAL: Material or equipment on which Kennedy is not to perform the work of assembly or installation with existing material or material furnished by others, is sold subject to inspection and acceptance by Purchaser before material leaves Kennedy's plant. Claims incidental to assembly by others cannot be honored.

WORKMANSHIP AND INSPECTION: Unless otherwise specified herein, all material shall be furnished subject to the common manufacturing tolerances and variations of Kennedy. Material furnished shall be subject to Kennedy's standard inspection at place of manufacture. If inspection by the Purchaser is required and provided for, such inspection with consequent approval or rejection shall be made before shipment.

GUARANTEE: Products that may prove defective in workmanship or material within one year of shipment, ordinary wear and tear excepted, are guaranteed to the extent that any such product will be repaired or replaced F.O.B. factory. Under no conditions shall Kennedy be held liable for loss of time or contents, removal or installation costs or consequential damage which may be attributed to such defects. Products of other manufacturers, assembled with, or accessory to, these products are subject to warranty of their manufacturer. Under no conditions will Kennedy warrant products of other manufacturers which it merely sells as a distributor and Purchaser understands that any warranty will be solely that of the manufacturer. Kennedy makes no warranty as to fitness for a particular purpose.

ACCEPTANCE: If this proposal meets with your approval, please indicate on your purchase order that the order is an acceptance of this quotation, and refer to our quotation number and date of same.

FIELD: If this proposal includes field erection, installation or repair, field general terms and condition attached hereto will also apply.