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Smith-Blair, Inc. Product Specification Terms

1.   DEFINITIONS. “Customer” means the party purchasing goods or services pursuant to these Smith-Blair, Inc. Product Specification Terms (“Terms”). “Smith-Blair” means Smith Blair Inc., an Arkansas corporation. “Deliverables” means the Smith-Blair goods and services sold or otherwise provided pursuant to this Agreement.

2.   ENTIRE AGREEMENT. These Terms, The Terms and Conditions of Sale – Xylem Americas, Customer’s purchase order (except any Additional Terms), Smith-Blair’s Acknowledgement Form (if any), and Smith-Blair’s invoice constitutes the entire agreement (“Agreement”) between the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, understanding or other communications, whether written or oral, formal or informal, between them in respect of the order. No consent, waiver, alteration, amendment, or modification shall be binding unless in writing and signed by a vice president (or higher) of Smith-Blair.

3.   PRICES. Prices prevailing at time of shipment will apply, except as otherwise provided by a prior written quotation, which constitutes a firm offer. Any prices quoted are based on the current tariff rates, duties, government charges, and trade regulations as of the date of the quote. If any new tariffs, duties, taxes, or similar charges are imposed, or any existing tariffs, duties, or charges are increased or modified by any government or regulatory authority (collectively, “Tariff Changes”), and such Tariff Changes result in an increase in the cost of goods, Smith-Blair reserves the right to adjust the pricing of the affected goods to reflect the increased costs. Smith-Blair is not obligated to deliver the applicable goods and/or services until an agreement on the new price is reached.

4.  DELIVERABLE WARRANTY. Smith-Blair warrants its Deliverables to be free of defects in materials and workmanship for a period of one (1) year from the date of shipment (the "Warranty Period"). Dated proof of purchase, such as a bill of sale, is required to establish warranty eligibility. If a Deliverable fails to perform due to a defect in materials or workmanship during the Warranty Period, Smith-Blair will repair or, at Smith-Blair option, replace the Deliverable with the same or comparable item. If the Deliverable cannot be repaired and a suitable replacement item is not available, Smith-Blair will refund the original purchase price shown on the proof of purchase. In all cases, the Customer is responsible for returning the allegedly defective Deliverable to the factory or warehouse designated by Smith-Blair. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, OR THOSE ARISING FROM A COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE. THE REMEDIES PROVIDED IN THIS LIMITED WARRANTY STATEMENT ARE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL SMITH-BLAIR, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.   RETURNS. All non-catalog Deliverables are considered "non-returnable". For other catalog Deliverables to be considered, return requests must be submitted in writing and approved by Smith-Blair prior to returning material. Return evaluation for any catalog Deliverable will be based upon age of material (no older than one (1) year) from shipment date, on-hand inventory and demand for those items at the time of request. Upon approval, a Return Material Authorization (“RMA”) will be issued with applicable charges and terms and conditions of return. Approved Deliverables may be returned within a period of thirty (30) days after the issuance of an RMA. For proper credits to be applied, a copy of the RMA must accompany material.

A.     Material must be of current design.

B.     Material must be in 100% resalable condition or additional rework charges will apply. If total restocking and/or reworking charges exceed fifty percent (50%) of the product's initial price, the material should not be returned, as no credit will be allowed. Any material received requiring work exceeding fifty percent (50%) of the initial material value will be returned at the sender's expense or scrapped by Smith-Blair with no credit issued.

C.    Deliverables that are engineered fabrications or special orders may not be returned.

D.    Returned material should be packaged securely. Multiple items should be packed in an organized manner. Be sure to include a copy of the RMA as the packing list. Material received which is not returned in this manner will be returned at the sender's expense.

E.      Shipments authorized to be returned COLLECT, but are returned PREPAID, should include a copy of the freight bill in order for credit to be issued. If Smith-Blair is to pay for a return, it will be charged to the account noted on the RMA. For material returned due to customer error any original pre-paid and allowed outbound freight charge will be debited.

F.      Smith-Blair reserves the right to decline any return material where it is not covered by warranty.

6.    FREIGHT. Freight will be prepaid and allowed on all orders that meets the minimum requirement at the time of order placement. For orders that are less than the current minimum requirement net, shipping and handling will be charged to the customer. Shipping and handling will be added to shipments expedited at the customer’s request. The policy is subject to change based on market conditions.

7.      SERVICE CHARGE. All net orders below one hundred dollars ($100) are subject to a twenty-dollar ($20) service charge.

8.    Corrosion & Product Selection Notice. Metal products are subject to corrosion, particularly when used outdoors and/or underground. A large number of factors and location conditions affect the rate at which corrosion occurs. To determine the life expectancy of your Deliverable when used with your pipeline's content, soil and environment, it is best to consult a corrosion expert in your area. To determine the suitability of your selected Deliverable, also consult a system designer in your area. Failure to determine the suitability of your product for your particular application, soil, and environment can result in premature product failure. Smith-Blair can provide additional information about your product's materials specifications at your request. Contact the Smith-Blair Engineering Department at: 1-800-643-9705.