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TERMS AND CONDITIONS | USE & STORAGE | OPERATING PROCEDURES

TERMS AND CONDITIONS OF ALL SALES

PRICES:  All orders will be accepted on a “Price in effect at date of shipment” basis.

TAXES:  In addition to the purchase price, the Buyer shall reimburse the Seller for all taxes or other charges which the Seller  may be required to pay any National, State or Local Governments upon the sale, production or transportation of the goods sold hereunder.  Seller is only authorized to collect sales tax in the states of N.Y.

DELIVERY:  Shipping dates are estimated only & not guaranteed.  Seller will not be liable for any damages due to any delay in shipments for any reason whatsoever.  Title & risk of loss or damages passes to Buyer on delivery to carrier.

TERMS:  F.O.B. SHIPPING POINT, NET 30 days to firms whose credit has been approved.  All others C.O.D.  All balances over 30 days will be charged  interest at the rate of 1-1/2 % per month—18% per year.  Returned goods subject to a restocking charge of 15%. All invoices must be paid in U.S. funds.

PATENTS:  Any items produced to Buyer’s specification, Buyer agrees to indemnify and hold harmless Seller against any and all loss arising out of any patent infringement.

USE:  Buyer shall determine the suitability of all products for their intended use and assume all risk and liability in connection herewith.

QUANTITY:  On non-standard items, Seller reserves the right to over or under ship in quantity not exceeding 10% of the total amount ordered.

CANCELLATION: All size and styles of merchandise not listed in our current price list, all fractional sizes, all goods containing Nitrile rubber, and any other items so designated shall be considered SPECIAL NON-STANDARD MERCHANDISE MADE TO CUSTOMER’S  SPECIFICATIONS and as such, order is not subject to any change in size or quantity, return, cancellation, refund or credit.

GOVERNING LAW:  All sales shall be governed by the laws of the State of New York and specifically by the Uniform Commercial Code as enacted by the State of New York.

ACCEPTANCE OF CONTRACT:  All sales are expressly limited to only the terms stated herein.  Any additions or different terms proposed by the Buyer are rejected.  Delivery of goods to carrier by Seller or use of such goods by Buyer shall constitute a contract embodying all and only the terms stated herein.  The  conditions & terms stated herein constitute the entire contract between the Buyer & Seller transcending any oral arrangement or representation which may be inconsistent therewith.

LABOR LAWS:  Seller certifies that the merchandise described herein is produced in compliance with the requirements of section 12 (a) of the Fair Labor Standards Act of 1938 as amended.

WARRANTY:  THERE ARE NO WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.  THE PRODUCTS SUBJECT TO THE SALES INVOICE ARE ALL SOLD AS IS.

INDEMNIFICATION:  Purchaser agrees to hold harmless and indemnify the manufacturer, distributor & seller for any & all claims & loss, including attorney fees, for property damage or bodily injury cause or alleged to be caused by the use, design or manufacture of the product herein sold.  This agreement extends not only to acts of the purchaser but also specifically covers alleged negligence on the part of the manufacturer, distributor & seller as well as any warranties express or implied, alleged or given by the manufacturer, distributor or seller.

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USE & STORAGE

1.  Immediately Upon Receipt of Stopper Or Bag

a.  Remove stopper or bag from shipping carton and examine for any damage sustained in transit.  Report any such damage to delivering carrier.

b.  Place directly on bag or stopper in a conspicuous location with indelible ink in large figures the date of receipt of the equipment.

c.  Inflate bag or stopper to recommended pressure, which is on tag attached to bag or stopper or is listed in other literature.  DO NOT OVERINFLATE  as this may cause equipment to burst.  Leave inflated for three hours.  If equipment does not retain recommended inflating pressure, notify supplier IMMEDIATELY as no claims for defective goods will be honored beyond 21 days from date of shipment.  DO NOT USE IF DEFECTIVE.

2.  Proper Storage of Stopper Or Bag

a.  Storage area must be cool, dry, dark and not subject to excessive changes in temperature.  NEVER store any equipment in direct sunlight or expose to weather.

b.  DO NOT  place anything on top of bag or stopper while being stored.

c.  ALL inflatable stoppers or bags must be stored lying FLAT and NOT FOLDED, WRINKLED or ROLLED UP.  DO NOT kink inflating tubes.

d.  All mechanical stoppers should be given a light coat of oil on all metal surfaces and moving parts and then wrapped in an air-tight container and stored in a cool, dry, dark place.

3.  Before Each Use of Stopper Or Bag

a.  Rotate all stock, using equipment with the oldest date of receipt first.  Inflatable stoppers, bags  and all mechanical stoppers over 2 years old SHOULD NOT BE USED.  They may be returned to the manufacturer for a free safety check and testing.

b.  Insert all inflatable stopper or bags and mechanical stoppers into an empty test pipe of the exact inside diameter in which it will actually be used.  The inside of the pipe must be clean.

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OPERATING PROCEDURES FOR USE WITH ALL STOPPPERS
INSTALLATION PROCEDURE FOR All TYPES OF INFLATABLE BAGS

CAUTION

Do not allow sparks, hot metal or welding slag to come into contact with stopper or bag, as they will burst.

Do not expose stopper or bag to temperatures in excess of 150° F.

Do not exceed maximum bag or line pressures as this will cause stopper or bag to burst.

Remove ALL burrs from inside of tap hole as they will tear stopper or bag.

Vent pipes must extend 8 ft. above top of excavation, higher if necessary, to remove any vapor bypassing bag or stopper. Install vent pipes so all blow-off is directed AWAY  from ALL sources of ignition.

Pack duct seal liberally around each tap hole after stopper or bag is inserted and fully expanded to prevent vapors from discharging into work area.

Since conditions vary greatly at each job site, the above illustration may have to be varied.  The ultimate user must determine the suitability of any variations made and their effects on the safe use of the product.  AMERICAN WELDING SOCIETY and AMERICAN GAS ASSOCIATION safety practices must be followed at all times.

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