CCI Thermal Technologies Inc. TERMS AND CONDITIONS OF SALE

PRICING: CCI Thermal Technologies, Inc. (the Company) reserves the right to change prices without notice. A minimum 30 days advance notice will be given for changes to published price lists. Unless otherwise stated, prices are free on board the Company factory facility and include the Company’s standard packaging for domestic shipment only.

MINIMUM BILLING: There is no minimum billing policy. However, no discounts apply for orders with a list price of less than $ 100.00.

SALES TAX: Sales or similar taxes are not included in published price lists.

ACCEPTANCE: The Company reserves the right to accept or reject any order from any customer.

TERMS: Standard terms of sale are NET 30 days, on approved credit. Interest of 2% per month (24% per annum) may be charged on overdue accounts. Shipments to non - credit approved customers shall be C.O.D. or C.W.O. as appropriate.

FORCE MAJEURE: The Purchaser acknowledges the Company shall not be liable to the Purchaser for any loss or damage of any sort whatsoever occasioned by the delay or failure to deliver if the said delay or failure is the result of fire, labour disputes, wars, insurrections, riots, or the actions of any duly constituted governmental authority or any other cause whatsoever which is beyond the control of the Company.

OVER/UNDER SHIPMENTS: Due to the special manufacturing requirements for higher volume custom products, such as tubular elements, we reserve the right to ship 95% to 105% of the quantity ordered.

CANCELLATIONS: Requests for cancellation of orders will be honored subject to acceptance of cancellation charges. Such charges will be determined by the Company, in its sole discretion, at the time of request for cancellation.

CLAIMS: At the time of shipment, the Company shall receive the carrier’s Receipt of Shipment in Good Order after which it is the responsibility of the Purchaser to promptly place any and all claims on the carrier for goods lost or damaged in transit. Any other claims, whatsoever, if made to the Company, must be made within 30 days after receipt of shipment.

RETURN OF MATERIAL: Products may only be returned with a written Return of Material Authorization (RMA) from the sales office or factory, and then only in accordance with the Company’s Terms and Conditions. Returns of standard catalog products will normally be subject to a minimum 15% restocking charge. A 25% restocking charge will apply to returns of Ruffneck™ products. Specialty or custom manufactured products will not be considered for restocking. Any repairs or reconditioning necessary to put material in a resalable condition will be charged extra. All returned products must be in first class condition and in their original packaging. Materials are to be shipped prepaid to the location address as authorized.

WARRANTY: Under normal use the Company warrants to the purchaser that defects in material or workmanship will be repaired or replaced without charge for a period of 18 months from date of shipment, or 12 months from the start date of operation, whichever expires first. Any claim for warranty must be reported to the sales office where the product was purchased for authorized repair or replacement within the terms of this warranty. Certain of the Company’ s products may carry additional warranty conditions. Any additional warranty period or conditions will be definitively stated in the Owner’s Manual.

Warranty cont’d: Subject to State or Provincial law to the contrary, the Company will not be responsible for any expense for installation, removal from service, transportation, or damages of any type whatsoever, including damages arising from lack of use, business interruptions, or incidental or consequential damages.

The Company cannot anticipate or control the conditions of product usage and therefore accepts no responsibility for the safe application and suitability of its products when used alone or in combination with other products. Tests for the safe application and suitability of the products are the sole responsibility of the user.

This warranty will be void if, in the judgment of the Company, the damage, failure or defect is the result of:

• vibration, radiation, erosion, corrosion, process contamination, abnormal process conditions, temperature and pressures, unusual surges or pulsation, fouling, ordinary wear and tear, lack of maintenance, incorrectly applied utilities such as voltage, air, gas, water, and others or any combination of the aforementioned causes not specifically allowed for in the design conditions or
• any act or omission by the Purchaser, its agents, servants or independent contractors which for greater certainty, but not so as to limit the generality of the foregoing, includes physical, chemical or mechanical abuse, accident, improper installation of the product, improper storage and handling of the product, improper application or the misalignment of parts.

No warranty applies to paint finishes except for manufacturing defects apparent within 30 days from the date of installation.

The Company neither assumes nor authorizes any person to assume for it any other obligation or liability in connection with the product(s).

The Purchaser agrees that all warranty work required after the initial commissioning of the product will be provided only if the Company has been paid by the Purchaser in full accordance with the terms and conditions of the contract.

The Purchaser agrees that the Company makes no warranty or guarantee, express, implied or statutory, (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) written or oral, of the Article or incidental labour, except as is expressed or contained in the agreement herein.

LIABILITY: Technical data contained in the catalog or on the website is subject to change without notice. The Company reserves the right to make dimensional and other design changes as required. The Purchaser acknowledges the Company shall not be obligated to modify those articles manufactured before the formulation of the changes in design or improvements of the products by the Company.

The Company shall not be liable to compensate or indemnify the Purchaser, end user or any other party against any actions, claims, liabilities, injury, loss, loss of use, loss of business, damages, indirect or consequential damages, demands, penalties, fines, expenses (including legal expenses), costs, obligations and causes of action of any kind arising wholly or partly from negligence or omission of the user or the misuse, incorrect application, unsafe application, incorrect storage and handling, incorrect installation, lack of maintenance, improper maintenance or improper operation of products furnished by the Company.

PAYMENT: All payments shall be remitted to:

CCI Thermal Technologies Inc.
5918 Roper Road
Edmonton, Alberta
Canada T6B 3E1