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GENERAL TERMS AND CONDITIONS OF SALE

All items not ordered in multiples of standard package quantities will automatically be increased to the next standard package quantity. All purchase orders submitted by our customers are assumed as accepting our general terms and conditions as stated herein, any conflicting terms stated on the purchase order cannot supersede our terms.

Order Discrepancies:

All order discrepancies must be reported to us within 5 working days from the date of delivery. Any discrepancies reported after this period cannot be honored.

Terms:

1% 15 days. Net 30 days. Late charges of 1-1/2% per month will be charged following the due date of the invoice. Prices subject to change without notice.

Minimum Order:

$250.00 minimum order on all original orders. $15.00 Broken Pallet Charge will be added for each pad size less than the standard pallet quantities.

Freight Policy:

CONTINENTAL U.S.: All orders in excess of $2,000 will ship prepaid. This policy applies to any combination of DiversiTech, Wagner, Specialty Chemical, and Devco products.

Pick Up Allowance:

3% of net invoice, 24-hour notice requested. Order must qualify for prepaid freight to receive pick up allowance.

Lost or Damaged Freight:

Although we take special care to insure the safe arrival of your merchandise, our responsibility for damages cease when the customer accepts the shipment. To protect your interest, we suggest that you thoroughly inspect all items before accepting delivery. If your order was damaged in shipment or contains a shortage, report the loss or damage AT ONCE to DiversiTech. Any claims for lost or damaged freight must be noted on the Bill of Lading at the time of delivery. If damage is present, you MUST hold the original carton and merchandise for credit by your Sales Representative – otherwise, no claim can be honored.

Returns:

No merchandise will be accepted for return without prior authorization. Call our Customer Service Department to request permission to return goods. Instructions on method of return will be given to you at that time. All returns are subject to a 25% restocking charge.


CATALOG WARRANTY DISCLAIMER

DiversiTech has made a diligent effort to illustrate and describe the products in this catalog accurately; however, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the products are merchantable or fit for a particular purpose, or that the products will necessarily conform to the illustrations or descriptions. DiversiTech assumes no liability for typographical or photographical errors.

DiversiTech reserves the right to make changes in design, material or finish in an effort to improve our products without special notification. If necessary, DiversiTech reserves the right to replace any product shown in catalog with another comparable product without special notification.


ULTRALITE®, CLADLITE®, AND E LITE® LIMITED LIFETIME WARRANTY

To the original owner of the ULTRALITE®, CLADLITE®, or E LITE® equipment base, DiversiTech warrants the base to be free of defects in materials and workmanship for the life of the equipment under which it is installed so long as the installing homeowner lives there. All defective merchandise must be returned to the factory, transportation prepaid, and

if the same is found to be defective, it will be repaired or replaced free of charge, F.O.B. factory. This warranty does not cover replacement labor cost, or any cost claim incident to the defect, replacement, or reinstallation, nor field repair expenses. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation of exclusion may not apply to you.

Exclusions and Limitations

DiversiTech’s UltraLite®, CladLite®, and E-Lite® equipment pads are designed and manufactured to be used as bases for light, ground supported equipment such as air conditioning condensers, swimming pool filters and heat pumps. Use of UltraLite®, CladLite®, and E-Lite® pads for purposes other than those listed above or improper installation of UltraLite®, CladLite®, and E-Lite® pads may result in pad failure. DiversiTech Corporation disclaims any liability due to such misuse or improper installation.

If you have questions concerning the proper installation or use of DiversiTech’s UltraLite®, CladLite®, and E-Lite® equipment pads, you should contact our Customer Service Department at (800) 995-2222.


LIMITED WARRANTY – CONDENSATE PUMPS

All pumps manufactured by or for DiversiTech Corporation (the Company) and sold by the Company under the DiversiTech brand are warranted to be free of defects in workmanship and materials for a period of 24 months from date of sale from the distributor to the contractor. The Company will credit, repair or replace, at its option, any Pump if deemed defective within this time period. All products returned to the Company must include a return authorization issued by the Company. The returned product should be suitably packaged and shipped prepaid from the point of shipment to the point designated in the Company’s return authorization.

This warranty is a limited warranty and shall be in lieu of any other warranties, expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. There are no other warranties that extend beyond the description of the face hereof. The liability of the Company arising out of it’s supply of said products, or their use shall not in any case exceed the cost of correcting defects in the products as set forth above. The Company shall not be liable for any costs or damage incurred by its customers in the removal or replacement of defective products from units in which the products have been assembled. In no event shall the company be liable for loss of profits, indirect, consequential, or incidental damages.


LIMITED WARRANTY – FRACTIONAL HORSEPOWER MOTORS

All Wagner Motors manufactured by or for DiversiTech Corporation (the Company) and sold by the Company under the Wagner Motors brand are warranted to be free of defects in workmanship and materials for a period of 12 months from date of sale from the distributor to the contractor, or 18 months from the date of manufacture, whichever comes first. The Company will credit, repair or replace, at its option, any motor if deemed defective within this time period. All products returned to the Company must include a return authorization issued by the Company. The returned product should be suitably packaged and shipped prepaid from the point of shipment to the point designated in the Company’s return authorization.

This warranty is a limited warranty and shall be in lieu of any other warranties, expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. There are no other warranties that extend beyond the description of the face hereof. The liability of the Company arising out of it’s supply of said products, or their use shall not in any case exceed the cost of correcting defects in the products as set forth above. The Company shall not be liable for any costs or damage incurred by its customers in the removal or replacement of defective products from units in which the products have been assembled. In no event shall the company be liable for loss of profits, indirect, consequential, or incidental damages.