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Par 6rn
<br />Treating Water Right
<br />Any claim by Buyer against Parkson for shortage or damage occurring prior to delivery must be made in writing within ten (10) calendar days after receipt
<br />of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Parkson in the condition
<br />claimed. Parkson shall have the right to ship all goods at one time or in portions, within the time for shipping provided in such order, unless specifically
<br />requested in writing by the Buyer that these shipments be made in total. Any shipments returned to Parkson as a result of Buyer's unexcused delay or
<br />failure to accept delivery will require Buyer to pay all additional costs incurred by Parkson, including any storage costs as set forth in Section III above.
<br />V. ERECTION: Unless otherwise agreed in writing, products are assembled, installed and/or erected by and at the full expense of Buyer.
<br />VI. CANCELLATION & BREACH: Buyer agrees that Parkson products are specially manufactured goods that are not suitable for sale to others in the
<br />ordinary course of business. Therefore, purchase orders placed with Parkson cannot be canceled without recourse, nor shipments of goods made up, or
<br />in process, be deferred beyond the original shipment dates specified, except with Parkson's written consent and upon terms which shall indemnify
<br />Parkson against all loss. In the event of cancellation or the substantial breach of the agreement between Buyer and Parkson, including without limitation,
<br />failing to make payment when due, Buyer agrees that Parkson will suffer serious and substantial damage which will be difficult, if not impossible, to
<br />measure, both at the time of entering the agreement and as of the time of such cancellation or breach. Therefore, the parties agree that upon such
<br />cancellation or breach, the Buyer shall pay to Parkson the sums set forth below which Parkson and Buyer do hereby agree shall constitute agreed and
<br />liquidated damages in such event:
<br />a. If cancellation or breach shall occur after the acceptance of the purchase order but prior to mailing of general arrangement drawings by
<br />Parkson to Buyer, liquidated damages shall be 10% of the selling price.
<br />b. If cancellation or breach shall occur within thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, the
<br />liquidated damages shall be 30% of the selling price.
<br />c. If the cancellation or breach occurs after thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, but prior
<br />to notification that the order is ready for shipment, the liquidated damages shall be the total of 30% of, the selling price plus the expenses
<br />incurred, cost of material, and reasonable value of the work expended to fill the respective order by Parkson's engineers and other
<br />employees, agents and representatives after the mailing of general arrangement drawings by Parkson to Buyer. All sums will be
<br />determined at the sole reasonable discretion of Parkson provided, however, that the total liquidated damages under this provision shall
<br />not exceed the total selling price.
<br />d. If cancellation or breach shall occur after Parkson has notified Buyer that the order is ready for shipment, then the liquidated damages
<br />shall be the total selling price.
<br />VII. DRAWINGS & SPECIFICATIONS: In the event that drawings are sent to Buyer for approval after an order is placed, the drawings must be returned
<br />marked "Approved" or "Approved As Noted" within twenty (20) calendar days after receipt unless otherwise noted. In the event that Buyer's written
<br />comments are not given within the twenty (20) day period, Parkson shall deem the items approved.
<br />VIII. CORRECTIVE WORK & "BACK CHARGES". In no event shall any work be done, or services or material be purchased or expense otherwise
<br />incurred by the Buyer for the account of Parkson until after full and complete particulars (including an estimate of material cost) have been submitted in
<br />writing and approved in writing by Parkson. Parkson must be given the opportunity to discuss and research alternative methods to lower the costs
<br />involved in such corrective work. Unless agreed-upon in writing by Parkson, Parkson will not be liable for labor costs, overhead, administrative costs,
<br />interest or any other consequential or indirect costs Buyer incurs. Returned items will not be accepted unless Parkson has previously agreed to such
<br />return in writing and supplied written retum-shipping instructions to Buyer.
<br />IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufactured products, the material make-up of many of Parkson's
<br />products varies from project to project. The determination of the materials' suitability and adaptability (including without limitation, paints and/or coatings)
<br />to the specific needs of the Buyer is solely the Buyer's choice and responsibility.
<br />X. CONFIDENTIAL INFORMATION & IMPROVEMENTS: The design, construction, application and operation of Parkson's products, services and
<br />relevant documentation embody proprietary and confidential information; therefore, Buyer will maintain this information in strict confidence, will not
<br />disclose it to others, and will only use this information in connection with the use of the products or to facilitate the provision of services sold by Parkson.
<br />Buyer will not copy or reproduce any written or printed materials or drawings furnished to Buyer by Parkson. Buyer agrees to immediately return all
<br />confidential material to Parkson if requested in writing by Parkson. Buyer will not copy any information provided by Parkson or make any design drawings
<br />of Parkson's equipment and will not permit others to copy or make any design drawings of the equipment. Parkson shall have a royalty -free license to
<br />make, use and sell, any changes or improvements in the products invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy
<br />at law for any breach or attempted breach of this Section will result in a harm to Parkson for which monetary damages alone will not be adequate. Buyer.
<br />covenants and agrees that neither it nor any of its affiliates will oppose any demand for specific performance and injunctive and other equitable relief in
<br />case of any such breach or attempted breach. Notwithstanding anything to the contrary herein, Parkson may seek enforcement of any breach of this
<br />Section without the necessity of complying with the provisions regarding resolution of disputes herein. Buyer is gbject to t 9, F.S. and shall not be
<br />obligated to take any action in conflict therewith or with any other statutory public records requirements. 6
<br />XI. FIELD SERVICE: Field Service included in the quotation will only be scheduled upon written request and may be subject to credit approval. Should
<br />the Buyer have outstanding balances due Parkson, no start-up / field service will be scheduled until such payments are received by Parkson. The Buyer
<br />assumes all responsibility for the readiness of the system when it requests start-up service. Should Parkson's Field Service Engineer arrive at the jobsite
<br />and determine that the system cannot be started up within a reasonable time, Parkson shall have the option to bring the Field Service Engineer home and
<br />bill the Buyer for time, travel and living expenses. Additional field service is available from Parkson at the prevailing per -diem rate at the time of the
<br />2 of 4 CNF -010 Rev D — May 2017
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