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16182 Gothard Street, Unit I <br />Huntington Beach, CA 92647 <br />Tel: 714-847-5957 / Fax: 714-847-5958 <br />16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 <br />Pumping Station Specialists <br />CA Lic# 665995 <br /> INT.____________ <br />9.SELLER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OF <br />THE GOODS DELIVERED TO THE BUYER NOR THE FITNESS OF SUCH GOODS FOR A PARTICULAR USE <br />UNLESS A WRITTEN WARRANTY IS GIVEN TO THE BUYER BY SELLER AT TIME OF DELIVERY. <br />10.The terms contained herein may be modified only by written agreement signed by Buyer and an officer <br />of Seller, VARIABLE SPEED SOLUTIONS INC <br />11.The seller warrants that the water pumping system or components will be free of defects in Materials <br />and workmanship for 2 years from date of authorized start-up but not later than 27 months from date <br />of invoice. <br />Provided that all installation and operation responsibilities have been properly performed and <br />documented. The seller will provide a replacement part or component during the warranty life. Repairs <br />done at Seller expense must be pre-authorized. Upon request, Seller will provide advice for <br />troubleshooting the system. <br />This proposal contains equipment that may require costly means to remove or replace based on site <br />conditions. The seller will not accept liability for costs associated with the removal or replacement of <br />equipment in difficult to access locations. This includes but is not limited to the use of diving services, <br />barges, helicopters, or other unusual requirements. <br />Default of any agreement with Seller or. <br />a.The misuse, abuse of the pumping package outside its intended use. <br />b.Failure to perform required maintenance service. <br />c.Pumping water not suitable for irrigation. <br />d.Exposure to electrolysis erosion. <br />e.Water salinity in excess of 2000 parts per million. <br />f.Water from a reverse osmosis plant without countermeasures in place. <br />g.Water with a Langelier Index less than -0.5 and greater than +1.5 <br />h.Presence of destructive gaseous or chemical solutions in or around the packaged system. <br />PAYMENT TERMS: All Purchase Orders are subject to acceptance at the factory in Dallas, Texas. Receipt of <br />production deposit, verification of acceptable credit, and confirmation of order are required before <br />production. 50% production deposit required upon order, 40 % to be invoiced prior to delivery and <br />remaining 10% to be billed upon satisfactory completion of startup net 30 NOT TO EXCEED 120 DAYS <br />FROM DATE OF DELIVERY NO RETENTION SHALL BE HELD ON ANY PORTION OF EQUIPMENT PURCHASES. <br />Sincerely, Accepted: <br />Brian Pavloff <br />Signature <br />Brian Pavloff <br />President <br />Date <br />Page 194 of 658