126-22 Exhibit.pdf

CARRIER CORPORATION TERMS AND CONDITIONS OF SALE - EQUIPMENT AND/OR SERVICE 1, PAYMENT AND TAXES ~ Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or Customer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term, In addition to the price, Customer shal! pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law. 2, EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s written authorization, paid for as an extra at Carrier's prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement. 3. RETURNS - No items will be accepted for return without prior written authorization, Returned goods may be subject to.a restocking charge. Special order and non-stock items cannot be returned. 4, SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment daies quoted are approximate, Carrier does not guarantee a particular date for shipment or delivery. 5, PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such paztial shipment. 6, DELAYS - Catrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control an¢ without the fauit or negligence of Carrier, including but not restricted to acts of God, acts of a public cnemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficultics (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by

s (collectively “Force Majeure Events”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment. 7. WARRANTY - Catrier warrants that all equipment manufactured ‘oy Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B, point of sale, any equipment, patt or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is eatlier. Cartier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Cartier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re-perform or issue a credit for such service. Carrier's obligation to repair ot replace any defective equipment, parts or components during the warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or ‘Terms and Conditions of Sale — Equipment and/or Service 031521 refrigerant loss, or for repairs or replacement of such equipment, parts ‘or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY JS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. FOR A_ PARTICULAR PURPOSE. 8 WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier's normal working hours unless otherwise agreed. 9. CUSTOMER

WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier's normal working hours unless otherwise agreed. 9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall: * Provide safe and reasonable equipment access and a safe work environment, « Permit access to Customer’s site, and use of building services including but not limited to: water, clevators, receiving dock facilities, electrical service and local telephone service. « Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified service. * Promptly notify Carrier of any unusual operating conditions. © — Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service, * — Provide adequate water treatment. * Provide the daily routine equipment operation (if not part of this Agreement) including avaiiability of routine equipment log readings. « Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. * Operate the equipment properly and in accordance with instructions. © Promptly address any issues that arise related to mold, fungi, mildew or bacteria, » Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 10, EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance,

ments, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freczing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due fo unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or Carrier Corporation 3