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CARRIER CORPORATION
<br /> TERMS AND CONDITIONS OF SALE—EQUIPMENT AND/OR SERVICE
<br /> 1. PAYMENT AND TAXES- Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash
<br /> payment or other alternative method of payment prior to shipment or completion of work if Carrier determines,in its sole discretion,
<br /> that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment
<br /> term. In addition to the price,the Customer shall also pay Carrier any taxes or government charges arising from this Agreement.
<br /> 2. EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's
<br /> written authorization and paid for as an extra and subject to the terms of this Agreement.
<br /> 3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a
<br /> restocking charge. Special order and non-stock items cannot be returned.
<br /> 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight prepaid and allowed to the job site. Shipment dates quoted are
<br /> approximate. Carrier does not guarantee a particular date for shipment or delivery.
<br /> 5. PARTIAL SHIPMENT-Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice
<br /> Customer for such partial shipment.
<br /> 6. DELAYS- In the event Carrier is delayed in manufacturing, shipping or delivery by causes beyond the control and without the
<br /> fault or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of
<br /> terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties, Carrier
<br /> agrees to notify Customer in writing as soon as practicable of the causes of such delay and Carrier shall further be entitled to an
<br /> extension of the time equivalent to the duration of any such delay and a reasonable time in which to recover from said delay to
<br /> resume production.
<br /> 7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or
<br /> components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace,
<br /> F.O.B.point of sale,any equipment, part or component sold by Carrier and determined to be defective within one(1)year from the
<br /> date of initial operation or eighteen(18)months from date of shipment,whichever is earlier. Carrier does not warrant products not
<br /> manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer's warranty for those products.
<br /> Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such
<br /> service is determined to be defective within ninety (90)days of completion of that service, Carrier shall at its option re-perform or
<br /> issue a credit for such service, Carrier's obligation to repair or replace any defective equipment, parts or components during the
<br /> warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor charges for removal or
<br /> reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or refrigerant loss,
<br /> or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation,
<br /> misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by
<br /> persons other than Carrier.
<br /> THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS IMPLIED OR STATUTORY INCLUDING THE
<br /> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br /> 8. WORKING HOURS -All services performed under this Agreement including major repairs, are to be provided during Carrier's
<br /> normal working hours unless otherwise agreed.
<br /> 9. ADDITIONAL SERVICE - Services or parts requested by Customer in addition to those specified in this Agreement will be
<br /> provided upon receipt of Customer's written authorization and invoiced at Carrier's prevailing labor rates and parts charges.
<br /> Additional services or parts shall be supplied under the terms of this Agreement.
<br /> 10.CUSTOMER RESPONSIBILITIES(Service Contracts only)- Customer shall:
<br /> •Provide safe and reasonable equipment access and a safe work environment.
<br /> •Permit access to Customer's site,and use of building services including but not limited to:water,elevators,receiving
<br /> dock facilities,electrical service and local telephone service.
<br /> •Keep areas adjacent to equipment free of extraneous material,move any stock,fixtures,walls or partitions that may be
<br /> necessary to perform the specified service.
<br /> •Promptly notify Carrier of any unusual operating conditions.
<br /> •Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service.
<br /> •Provide adequate water treatment.Provide the daily routine equipment operation(if not part of this Agreement)including
<br /> availability of routine equipment log readings.
<br /> •Where Carrier's remote monitoring service is provided,provide and maintain a telephone line with long distance direct
<br /> dial and answer capability.
<br /> •Operate the equipment properly and in accordance with instructions.
<br /> •Promptly address any issues that arise related to mold,fungi,mildew or bacteria.
<br /> •Identify and label any asbestos containing material that may be present. The customer will provide,in writing,prior to the
<br /> start of a job,a signed statement regarding the absence or presence of asbestos for any job where the building or the
<br /> equipment to be serviced is older than 1981.Should this document state that no asbestos is present,the customer will also
<br /> provide in writing the method used to determine the absence of asbestos.
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<br /> Equipment and/or Service
<br /> CCS-TCES 040811
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