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LIMITED WARRANTY
<br />1 EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDlndustries, Inc. shall use its best efforts to obtain
<br />from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice,
<br />the repair or replacement of equipment, goods, or material that are defective in material or workmanship. The foregoing shall constitute the
<br />exclusive remedy of the customer and sole obligation of TDlndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL,
<br />IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT
<br />DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE SHALL APPLY.
<br />2 Workmanship - Repair Installation - TDlndustries, Inc. warrants its workmanship to be free from defects for a period of 12-months from the date of
<br />completion of the above equipment, goods, and material. Sewer and Drain Cleaning - TDlndustries, Inc. warrants its workmanship for sewer and
<br />drain cleaning for a period of 24 hours from the date of completion. Any foreign material retrieved from sewer or drain will discharge warranty and
<br />incur additional costs for clearing stoppage.
<br />3 This proposal is submitted for customer's consideration with the understanding that it must be approved by TDlndustries, Inc. after its acceptance
<br />by the customer and is not binding upon TDlndustries, Inc. until so approved in writing.
<br />4 Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your
<br />purchase order or in any similar such communication are hereby objected to by TDlndustries, Inc. and shall not be binding nor effective unless
<br />assented to in writing by an authorized representative of TDlndustries, Inc. Any order or any statement of intent to proceed with installation or any
<br />direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall
<br />constitute customer's assent to the terms and conditions of this proposal.
<br />THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN,
<br />INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO.
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<br />THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN,
<br />INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO.
<br />TDlndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with
<br />the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty,
<br />tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part thereof
<br />involved in the claim.
<br />TDlndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDlndustries, Inc.
<br />TDlndustries, Inc. shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other
<br />grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any
<br />associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages.
<br />If TDlndustries, Inc. furnishes Customer with advice or other assistance which concerns labor, equipment, goods, or material furnished
<br />hereunder, or any systems or equipment in which of such equipment, goods, or material may be installed, and which is not pursuant to this
<br />contract, the furnishing of such advice or assistance will not subject TDlndustries, Inc. to any liability, whether based on contract, warranty, tort
<br />(including negligence) or other grounds.
<br />2 If TDlndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, TDlndustries, Inc. will stop
<br />work and report the condition to the owner or owners' representative. TDlndustries, Inc. will not resume work in the affected area until the
<br />asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat.
<br />3 Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDlndustries, Inc. TDlndustries, Inc. shall
<br />not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major
<br />changes in economic conditions, or, without limitation by the foregoing, any cause beyond TDlndustries, Inc. reasonable control.
<br />4 On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or
<br />loss or damage to such equipment, goods, or material.
<br />5 In the event Customer requires TDlndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this
<br />proposal shall not be withheld or delayed on such account. TDlndustries, Inc. shall have the right to deliver any portion of the equipment, goods
<br />or material to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the
<br />payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or
<br />provide suitable storage space for any such partial delivery. In such event, such portion of the equipment, TDlndustries, Inc. may store goods or
<br />material ready for shipment at Customer's risk and expense.
<br />6 The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDlndustries, Inc. shall be liable for,
<br />either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this
<br />proposal, shall be in addition to the prices set forth herein and shall be paid by Customer.
<br />7 If the equipment, goods or material furnished hereunder requires the use of water or steam, recirculated or otherwise, TDlndustries, Inc. shall not
<br />be liable for the effect of its physical or chemical properties upon said equipment, goods or material.
<br />8 All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and
<br />Customer agrees to fully protect and indemnify TDlndustries, Inc. against all claims for accidents or injuries to such employees in the course of the
<br />work, or to any person or persons through the negligence of such employees.
<br />9 No oral representations are binding upon TDlndustries, Inc. unless reduced to writing and signed by an authorized representative of TDlndustries,
<br />Inc. All changes to this contract must be in writing.
<br />Revised 05-09-2008
<br />9525 Derrington Road, Houston TX 77064 — 713-939-1986, Fax #713-996-2457
<br />License # A/C TACL-A60764A HOU, Plumbing M-35508 HOU, Sanitary Sewer N/A
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