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T E R M S A N D C O N D IT IO N S 1. A C C E P T A N C E : THIS OUOTATION IS VOID UNLESS ACCEPTED WITHIN FIFTEEN DAYS FROM DATE HEREOF AND IS SUBJECT TO CHANGE UPON NOTICE. IT SUPERSEDES ALL PREVIOUS QUOTATIONS AND AGREEMENTS. ALL ORDERS ARE SUBJECT TO ACCEPTANCE AT GENERAL OFFICE, LOS ANGELES, CALIFORNIA. RECOMMENDATIONS AND QUOTATIONS ARE MADE UPON THE BASIS OF OPERATING CONDITIONS SPECIFIED BY THE PURCHASER. SHOULD IT DEVELOP THAT CONDITIONS ARE DIFFERENT THAN THOSE SPECIFIED, AND THAT THE PER­FORMANCE OF THE EQUIPMENT WILL BE ADVERSELY AFFECTED THEREBY, WE RESERVE THE RIGHT TO CANCEL THE ORDER. 2 . D E L I V E R Y : DELIVERY OF THE EQUIPMENT HEREUNDER SHALL BE MADE F.O.B. POINT OF.SHIPMENT. SHIPPING DATES ARE APPROXIMATE AND ARE BASED ON PROMPT RECEIPT OF ALL NECESSARY INFORMATION AT THE FACTORY. IN CASE OF DELAY IN FURNISHING COMPLETE INFORMATION, DATES OF SHIPMENT MAY BE EXTENDED FOR A REASONABLE TIME BASED ON CONDITIONS AT THE FACTORY. RECEIPT OF THE APPARATUS BY THE PURCHASER SHALL CONSTI­T U T E A WAIVER OF ALL CLAIMS FOR DELAY AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY IN DELIVERY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR DUE TO ACTS OF GOD, ACTS OF THE PURCHASER, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRIC­TIONS, WAR, INSURRECTION OR RIOT, CIVIL OR MILITARY AUTHORITY, FREIGHT EMBARGOES, CAR SHORTAGES, WRECKS OR DELAYS IN TRANSPORTATION, UNUSUALLY. SEVERE WEATHER, OR INABILITY TO OBTAIN NECESSARY LABOR, MATERIALS, OR MANUFACTURING FACILITIES DUE TO SUCH CAUSES, AND IN THE EVENT OF ANY SUCH DELAY THE DATE OF DELIVERY SHALL BE EXTENDED FOR A LENGTH OF TIME EQUAL TO THE PERIOD OF THE DELAY. 3 . G U A R A N T Y : UNLESS OTHERWISE SPECIFICALLY STATED, GUARANTEES ARE LIMITED TO THE FOLLOWING: ALL EQUIPMENT OF OUR MANUFACTURE IS GUARANTEED AGAINST DEFECTIVE WORKMANSHIP OR MATERIAL FOR A PERIOD OF ONE ( I ) YEAR AFTER DATE OF SHIPMENT FROM THE FACTORY. IF THE PURCHASER CLAIMS THE EQUIP­MENT OR PARTS ARE DEFECTIVE WITHIN THE ONE ( ! ) YEAR PERIOD, THE PURCHASER SHALL NOTIFY THE COMPANY THEREOF IMMEDIATELY, SO THAT THE COMPANY MAY INSPECT BY AUTHORIZED AGENT THE DEFECTIVE CLAIM OR ISSUE SHIPPING INSTRUCTIONS FOR RETURN OF PART, OR PARTS, TO FACTORY. IN THE EVENT THE EQUIPMENT OR PART IS FOUND DEFECTIVE, THE .COMPANY SHALL THEREUPON CORRECT THE DEFECT, OR DEFECTS^ BY REPAIR OR BY REPLACEMENT, F.O.B. FACTORY, OF THE DEFECTIVE PART OR PARTS. THE LIABILITY OF THE COMPANY ARISING OUT OF SUPPLYING SAID EQUIPMENT, OR ITS USE, WHETHER ON WARRANTIES OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST OF CORRECTING DEFEC.TS, AND UPON THE EXPIRATION OF SAID ONE ( ! ) YEAR. ALL S*UCH LIABILITY SHALL TERMINATE. THE COMPANY ASSUMES NO LIABILITY FOR DAMAGES OR EXPENSES OF ANY CHARACTER • INCLUDING THOSE ARISING OUT OF THE INSTALLATION, USE, OR RE-SALE OF SUCH EQUIPMENT. OTHER PURCHASED EQUIPMENT AND ACCESSORIES ARE GUARANTEED ONLY TO THE EXTENT OF THE ORIGINAL MANUFACTURERS GUARANTEE. UNLESS OTHERWISE SPECIFICALLY AGREED, THE CAPACITY, HEAD AND EFFICIENCY GUARANTEES ARE BASED ON SHOP TESTS AND WHEN HANDLING CLEAR, COLD, FRESH WATER AT A TEMPERATURE OF NOT OVER 85 DEGREES F. THE GUARANTEE IS AT THE SPECIFIED RATING ONLY AND DOES NOT COVER SUSTAINED PERFORMANCE OVER ANY PERIOD OF TIME, NOR UNDER CONDITIONS VARYING FROM THE ABOVE. 4 . P R IC E : F. 0. B. OUR PLANTS UNLESS OTHERWISE STATED. PAYMENT rfET CASH'30 DAYS. 5 . C A N C E L L A T I O N : THIS CONTRACT MAY BE CANCELLED AND TERMINATED BY THE PURCHASER ONLY UPON THE PAYMENT OF REASONABLE CANCELLATION CHARGES WHICH SHALL INCLUDE AND TAKE INTO ACCOUNT ALL COSTS AND EXPENSES ALREADY INCURRED AND COMMITMENTS MADE IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. 6 . T A X E S : ALL TAXES NOW OR HEREAFTER IMPOSED IN RESPECT TO ANY ORDER SHALL BE FOR THE ACCOUNT OF THE PUR-CHASER, AND IF PAID OR REQUIRED TO BE PAID BY US, THE AMOUNT THEREOF SHALL BE ADDED TO AND BECOME PART OF THE PURCHASE PRICE PAYABLE BY THE PURCHASER. 7 . G E N E R A L : ANY VARIATION BETWEEN COMPANY TERMS ANQ CONDITIONS AS HEREIN STATED AND THE TERMS AND CONDITIONS OF ANY ORDER OR CONTRACT SUBMITTED BY THE PURCHASER, SHALL BE DEEMED TO HAVE BEEN WAIVED BY THE PURCHASER UPON FAILURE TO OBJECT IN WRITING WITHIN 10 DAYS AFTER RECEIPT OF OUR ACCEPTANCE.