Conditions Of Sale

TERMS: PURAQUA PRODUCTS INC. (Herein PURAQUA) may at any time alter or suspend credit, refuse shipment, or cancel unfilled orders when in PURAQUA's opinion, the financial condition of Purchaser or the status of his account warrants it, or when delivery is delayed by fault of Purchaser or Purchaser is delinquent in any payment. Purchaser will agree to pay all invoices within 30 days of shipping. Purchaser understands that if their account becomes delinquent over 60 days, all future shipments will be prepaid or C.O.D. basis only. In the event payment is not made, Purchaser agrees to pay all collection costs and reasonable attorneys' fees as fixed by the court, whether or not legal action is pursued to decision or judgment.

TRANSPORTATION CLAIMS: The responsibility for safe shipment passes to the carrier upon consignment of merchandise to the carrier and the receipt by PURAQUA of a signed Bill of Lading. The Consignee, whether concealed or obvious; must file any claims for shortage or damage, with the Delivering Carrier.

RETURN OF MERCHANDISE: Merchandise shall not be returned except with PURAQUA' s permission. When permission is so granted, merchandise must be returned to PURAQUA freight prepaid. A credit will be issued for the original invoice price less any amounts required to restore merchandise to original condition and less 15% for handling charges. Failure to present a claim as provided herein shall constitute a waiver of all claims with respect to the merchandise, except for the warranty provided for below. No returns should be made without preauthorization by PURAQUA. Merchandise returned freight collect without preauthorization, will be refused by PURAQUA. Upon receipt of returned goods authorization, the merchandise is to be shipped FREIGHT PRE-PAID to PURAQUA.

CANCELLATION: Any order for merchandise, once placed with and accepted by PUAQUA, may be canceled only with PURAQUA's consent and upon such terms as will indemnify against loss.

MINIMUM ORDER: All orders are subject to a $50 minimum net order.

DELIVERY: Deliveries shall be subject to and contingent upon: strikes, labor difficulties, riots, war, fire, delay or defaults of common carriers, failure or curtailment in PURAQUA's usual source of supply, governmental acts or orders, or other delays beyond PURAQUA's reasonable control.

WARRANTY: PURAQUA warrants to original purchaser that merchandise manufactured by it to be free from defect in material and workmanship under normal use and service. PURAQUA's obligation under this warranty shall be limited to the repair or replacement of any part or parts which may thus prove defective under normal use and service within one year from date of shipment to original purchaser, which, upon PURAQUA's examination shall prove, to its satisfaction, to be defective. PURAQUA is not responsible under this warranty for any cost of shipping or transportation of any product or parts to or from its facility. PURAQUA is also NOT LIABLE for any loss of time, inconvenience; labor; or material charge incurred in connection with the removal or replacement of equipment, for damages due to loss of use of the product or the swimming pool, for utility or water costs required to make repairs, or for any other INCIDENTAL OR CONSEQUENTIAL DAMAGES. This warranty is expressly in lieu of all other warranties expressed or implied and of all other liability in connection with the sale of this merchandise. This warranty shall not apply to any merchandise, or any part thereof, which has been subject to accident, negligence, alteration, abuse, or misuse. PURAQUA makes no warranty whatsoever in respect to merchandise, or any part thereof, which has been subject to accident, negligence, alteration, abuse, or misuse. PURAQUA is subject to such manufacturer's warranties only. Warranty claims hereunder shall be considered timely only if PURAQUA is notified in writing of such defects within the warranty period.

SPECIAL ORDER: PURAQUA reserves the right to establish all prices on any special order equipment requiring PURAQUA's home office engineering and/or special handling. If any merchandise manufactured and/or purchased by PURAQUA to meet Purchaser's particular specification or requirements is not, in PURAQUA's sole judgment, salable by it in the usual course of its business to other of its customers, then upon acceptance by PURAQUA of the Purchaser's order, such order shall not be cancelable by Purchaser. If Purchaser thereafter returns, attempts to cancel, refuse delivery, or notify PURAQUA of its intention to refuse delivery of such merchandise, Purchaser shall immediately become liable to PURAQUA for the net invoice price.

CONDITIONS: All sales made by PURAQUA are subject to these conditions. No exceptions will be permitted, unless agreed to in
writing by an authorized officer of the company. In all cases of conflict between these conditions and those on a customer's purchase
order, these conditions shall take precedence.