All quotations and prices made on behalf of Thermal Equipment Systems are subject to final acceptance at Tampa, Florida by an executive officer of that Company. Orders made thereon or contracts resulting therefrom, are not binding until and unless so accepted.

The price quoted is F.O.B. shipping point unless stated otherwise in this proposal and remains in force for thirty (30) days from date of this proposal. Our recommendations and the price we have quoted are based on the data contained in this bid. Any changes in equipment required by actual operating conditions or requested by you may result in price adjustments. Prices for equipment furnished by other manufacturers included in this proposal may be revised if their prices change beyond our control.

The quoted time of delivery is from the date of receipt of all necessary information. If such information is not received within a reasonable time, we reserve the right to extend the delivery date. All agreements are contingent upon strikes, fires, accidents, government regulations, or delays beyond our control, and the Company is not liable for resulting losses.

Unless otherwise specified, payment terms are Net 30 days from invoice date, payable in U.S. dollars. A service charge of 1½% per month (18% annual percentage rate) will be charged on past-due accounts. All equipment remains the property of Thermal Equipment Systems until paid in full. Court costs and reasonable attorney fees required for collection are the responsibility of the customer.

The Company may ship and invoice items as they are manufactured. Payment is due on a pro-rata basis for partial shipments.

If this proposal is accepted, any present or future Federal, State, or Municipal sales or other taxes required to be paid will be added to the price and must be paid by the purchaser.

Orders may not be canceled except by mutual consent and on terms indemnifying Thermal Equipment Systems against loss.

No industrial service is included in this price. A Service Engineer can be provided at the purchaser’s expense at current rates, with a 2-hour minimum plus travel and living expenses.

The Company and Purchaser acknowledge that all Equipment is subject to U.S. export and re-export laws and regulations. Purchaser agrees to comply with all Export Laws, provide necessary documentation upon request, maintain compliance records for at least five years, and cooperate with any required verification or investigation.

An irrevocable confirmed letter of credit through a New York or Miami bank is required. Export crating charges include freight to port of exit. All shipments are F.A.S. only.

The equipment furnished will be of first-class design, material, and workmanship. No liability is assumed for damage to persons or property or for loss or delay caused by failure or faulty operation of the equipment, whether due to defective materials, workmanship, construction, or otherwise.