termscond

Urban Plumbing Service, Inc.
Terms and Conditions

TERMS AND CONDITIONS
All sales made by contractor are subject to the Terms and Conditions, which shall prevail over any
inconsistent terms of Purchaser’s purchase order or other documents. No terms and conditions in
any way altering or modifying these provisions shall be binding upon Contractor unless they are
specifically authorized in writing by Contractor’s authorized representative. No modification or
alteration of these provisions shall result in Contractors shipment of goods following receipt of
Purchaser’s purchase order, or other documents containing provisions, terms, or conditions in
addition to, in conflict with, or inconsistent with these provisions. There are no terms, conditions,
understandings, or agreements other than those stated herein, and all prior proposals and
negotiations are merged herein.

Prices in quotations made by Contractor are subject to change without notice, and all quotations
expire and become invalid if not accepted with in 30 days from the date of issue, unless otherwise
noted by Contractor in writing. Price extensions when made, are for Purchasers convenience only,
and they, as well as any mathematical, stenographic or clerical errors, are not binding on Contractor.

Contractor shall not be liable for delay in progress and all quotations and agreements are contingent
upon any cause beyond Contractor’s reasonable control, including, but not limited to, governmental
actions, strikes or other labor troubles, fire, damage or destruction of goods, manufacturers
shortages, inability to obtain materials, fuels, or supplies, acts of God, or any other cause
whatsoever beyond Contractor’s control.

Payment of progress invoices constitutes acceptance of the total estimate price, which is listed on
each invoice.

Goods are warranted and guaranteed only to the extent and in the manner warranted and
guaranteed to Purchaser by the original manufacturer of such goods.
ALL OTHER WARRANTEIS ARE EXCLUDED WHETER EXPRESS OR IMPLIED BY OPERATIO OF
LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTEIS OF MERCAHNTABILITY OF FITNESS
FOR PARTICULAR PURPOSE. Contractor’s liability hereunder, and purchaser’s exclusive remedies
hereunder. Wither in contract or in tort or pursuant to statute. For breach of warranty or for
negligence, are expressly limited to the giving of credit or replacement. CONTRACTOR MUST BE
GIVEN WRITTEN NOTICEIDENTIFYING DEFECTIVE GOODS AND SPECIFYING THE DEFECT
WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS BY PURCHASER. CONTRACTOR MUST
ALSO BE GIVEN THE OPPURTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF
REQUESTED BY CONTRACTOR, THE ALLEGEDLY DEFFECTIVE GOODS MUST BE RETURNED
TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITH THE PROVIDED TIME, OR FAILURE TO
RETURN ALLEGEDLY DEFECTIVE GOODS TO CONTRACTORFOLLWOING CONTRACTOR’S
REQUEST CONSTITUTES A WAILVEROF ALL CLAIMS AGAINST THE CONTRACTOR.
CONTRACTOR’S MANUFACTURER OF SUCH GOODS, PURFCHASER AND CONTRACTOR AGREE
THAT CONTRACTOR SHALL NOT BE LIABLE DIRECTLY OR INDIRETLY FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FOR THE
SALE, HANDLING, INSTALLATION OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH
OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN
PURCHASER AND CONTRACTOR .

No credit for goods returned by purchaser shall be given without Contractor’s written authorization. All
returns are subject to a restocking charge. No claim for shortage of goods or damage to goods shall
be allowed unless Purchaser, with in ten (10) days after receipt of shipment, gives Contractor written
notice of the claim for shortage or damage and in such written notice fully describes the shortage
and/or damage alleged. Contractor shall not be liable to Purchaser for goods which are damage or
lost while in the possession of a common carrier, and it will be Purchaser’s responsibility to recover
any and all damage directly from the common carrier.

Contractor assumes no responsibility whatsoever for the contractor's interpretation of plans or
specifications provided by Purchaser and Purchaser’s acceptance must be premised on final
approval by architects, engineers, or other third parties, and not on Contractor’s interpretation.

Unless otherwise stated, payment terms are net 30. Payment is due in the form of cash, check, or
money order. Purchaser agrees to pay Contractor on past die accounts a monthly interest charge of
18% annually. The interest rate provided herein shall continue to accrue after Contractor obtains
judgment against Purchaser.

Purchaser agrees to pay Contractor all cost and expenses of collection, suit, or other legal action,
including all actual attorney’s and paralegal fees, incurred presuit, through trial, on appeal, or in any
administrative proceedings brought as a result of the commercial relationship between them.

Purchaser waives any and all privileges and rights which Purchaser may have relating to venue.
Purchaser and Contractor agree that any legal action brought as a result of the account or business
relationship between Purchaser and Contractor shall be brought in the venue of the state where the
sales for the Contractor to Purchaser occurred, where the Purchaser is locates.

If purchaser fails to comply with these Terms and Conditions, or Purchaser’s credit becomes
unsatisfactory in Contractor’s sole discretion, Seller reserves the right to terminate or restrict any
order upon notice to Purchaser. Purchaser certifies that it is solvent and that it will immediately advise
Contractor if it becomes insolvent. Purchaser agrees to send urban Plumbing Service, Inc. written
notice of any changes in the form of ownership within five days of such changes.

PURCHASER AND CONTRACTOR AGREE AND INTEND THAT THERE ARE NO THIRD PARTY
BENEFICIARIES TO THIS DOCUMENT AND THAT PURCHASER AND CONTRACTOR ARE THE SOLE
INTENDED BENEFICIARIES OF THIS DOCUMENT.