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<br />TESTING, RESEARCH, CONSULTING AND FIELD SERVICES
<br />TR' Austin, TX - USA I Anaheim, CA - USA I Anderson, SC - USA j Gold Coast - Australia I Suzhou - China I Cullinan, South Africa
<br />ENVIRONMENTAL
<br />Master Service Agreement
<br />Terms and Conditions
<br />1. ACCEPTANCE: This proposal may be accepted by signing a copy (or by submitting a signed written purchase order which incorporates the terms
<br />contained herein by reference to the quotation number) and returning same to Seller before the services start, or within 90 days from the date of this
<br />proposal, whichever is earlier. As a condition precedent, all sales are subject to the approval of Sellers Credit Department.
<br />2. PRICES AND PAYMENT: Net 30 Days unless otherwise agreed. INTEREST WILL BE CHARGED ON PAST DUE ACCOUNTS. INTEREST
<br />CHARGES WILL BE CALCULATED ON THE UNPAID BALANCE AT 1.25% PER MONTH (18% PER ANNUM) OR THE MAXIMUM RATE ALLOWED
<br />BY LAW, WHICHEVER IS LESS.
<br />3. REMEDIES UPON DEFAULT: If Buyer cancels any or all of any portion of the contract after Seller has been provided samples with instructions to
<br />proceed, Buyer shall pay for all testing performed prior to cancellation. In the event that Buyer is more than thirty (30) days delinquent in payment of
<br />monies due Seller and it is necessary for Seller to employ the services of an attorney or collection agency to recover amount due Seller by Buyer,
<br />Buyer agrees to pay Seller all actual attorneys fees, out-of-pocket costs, travel expenses, investigation costs, court costs, judgment enforcement costs
<br />and any other incidental costs necessary to obtain payment.
<br />4. LIMITATIONS: Unless otherwise expressly specified, nothing contained in the reports of TRI Environmental, Inc. shall be deemed to imply that Seller
<br />conducts any quality control program for the Buyer to whom the report is issued. Although TRI Environmental, Inc. reports may form a part of Quality
<br />Control Program conducted by the buyer, TRI Environmental, Inc. reports apply only to the standards or procedures identified and to the sample(s)
<br />tested and/or inspections made. Unless otherwise specified, the test and/or inspection results are not represented by Seller to be indicative of the
<br />qualities of the lot from which the sample was taken or of apparently identical or similar products. To the extent permitted by law, the client agrees to
<br />limit TRI Environmental, Inc. liability for the clients damages to the dollar value of testing performed. This limitation shall apply regardless of the cause
<br />of action or legal theory applied or asserted. Turnaround times are typical not absolute.
<br />5. EXCLUSIVITY: TRI Environmental, Inc. reports are for the exclusive use of the Buyer to whom they are addressed. Any third party has a right to use
<br />only those reports that pertain to testing authorized by Buyer in writing and naming the third party(s). TRI Environmental, Inc. reports, the name TRI
<br />Environmental, Inc. , or its insignia are not to be used by or on behalf of Buyer under any circumstances in advertising to the general public or in any
<br />other manner without Sellers prior written approval. Buyer agrees to hold Seller harmless and to defend and indemnify Seller against any liability or
<br />damage arising out of any use by Buyer of the name, seal, insignia, reports, or letters of Seller. In the event Buyer refuses to so indemnify Seller, and it
<br />is necessary for Seller to institute legal proceedings to enforce the terms of this paragraph, then Buyer agrees to pay Seller all actual attorneys fees
<br />and costs necessary to enforce compliance.
<br />6. EXCLUSION OF CONSEQUENTIAL, AND INCIDENTAL DAMAGES: IT IS UNDERSTOOD THAT BUYER DOES NOT SEEK INDEMNITY FROM
<br />SELLER AGAINST ANY LOSSES OR DAMAGES. SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO THE SERVICES IT
<br />FURNISHES, AND BUYER AGREES THAT SELLER SHALL NOT BE LIABLE FOR THE PERFORMANCE OF THE PRODUCTS TESTED OR
<br />INSPECTED HEREUNDER.
<br />7. WARRANTY: Seller warrants that the services performed hereunder shall be performed in a professional manner consistent with that exercised in
<br />the geosynthetic industry at the time and place the work is done. SELLER MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED
<br />RELATIVE TO THE SERVICES IT FURNISHES.
<br />8. SAMPLE RETAINS: Samples not destroyed in testing are retained a maximum of 30 days and then discarded; however, upon prior written notice
<br />from Buyer to Seller, such samples can be shipped to Buyer on a collect basis or samples can be retained beyond 30 days at a monthly storage charge,
<br />billed in advance, for a designated period.
<br />9. VENUE: Buyer and Seller agree that in the event of any dispute arising out of this agreement, any competent Court located in Travis County, State of
<br />Texas, shall have sole and exclusive jurisdiction to settle such dispute. Wavier by Seller of a breach of any of the terms and conditions hereof shall not
<br />be construed as a waiver of any other breach. This agreement shall be governed under and by the laws of the State of Texas.
<br />Terms
<br />1. The budget presented here is based on provided information and an understanding there of. If assumed testing procedures, sample quantities, or sampling labor hours change,
<br />additional costs may be applied using the unit fees presented. If non -represented items are requried, TRIs fees for these specific items will be applied.
<br />2. Payment Net 30 Days
<br />3. All results will be emailed
<br />TRI retains ownership of all generated and reported test results until client invoice is paid, and reserves the right to restrict use of reported test results until client invoice is paid.
<br />Please sign, date, and provide a PO number prior to initiating work
<br />Signature/Date PO Number
<br />TRI Environmental looks forward to working with you on a very successful project
<br />TRI ENVIRONMENTAL., INC.
<br />9063 BEE CAVES RD., AUSTIN, TX 78733 — USA I PH: 800.880.TEST OR 512.263.21011 tri-srniironmantai.com
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