TERMS OF SALE

All orders placed by customer for any and all products of S. BRAVO SYSTEMS, Inc., shall be subject to these Terms of Sale (“Terms”). No additional or different terms or conditions or any modifications, or amendments to these terms shall be binding upon S. BRAVO unless specifically agreed to in writing by an authorized representative of S. BRAVO. Any additional or different terms proposed by customer in a purchase order or any other communication, now and hereafter, shall not apply. All orders from S. BRAVO must be written. Any changes to existing orders must be written and shall not be binding on S. BRAVO until accepted by an authorized representative of S. BRAVO. All customer purchase orders and order requests must be submitted to orders@sbravo.com.

TERMS OF PAYMENT

Any and all S. Bravo shipments are within the Continental United States. All shipments are FOB S. BRAVO’s facilities in Commerce, California. All risk of loss shall pass to client as soon as shipped by S. Bravo. Standard payment terms are net thirty (30) days. If customer pays invoice within ten (10) days of date of invoice, a two (2) percent discount will be applied. All applicable federal, state and local taxes will be included in the total billed by S. BRAVO, unless customer provides a valid exemption certificate prior to billing.

1. Quotations

Quotations are valid for a period of thirty (30) days from the date on the quote, for the quantities indicated at the time of the quote. Any typographical or clerical errors on the part of S. BRAVO are subject to correction.

2. Custom Orders

Orders are considered custom when such orders do not conform specifically to the products produced/offered by S. Bravo and are not specified in the catalog. Custom orders will be produced as agreed by S. Bravo upon special arrangement and are subject to customized costs. Custom orders are non-cancellable once customer has provided written authorization and the drawings and custom order form has been signed. Custom orders produced by S. BRAVO as agreed are non-returnable to S. BRAVO.

3. Engineering Fee (relative to custom parts)

S. BRAVO may assist in designing a solution around a site condition or an application of use that is subject to an agreed upon and additional cost in advance. Unique problems require specialized consideration, review of support materials and site conditions, and evaluation of material selection and verification of measurements. Once the scope of the project has been identified, S. BRAVO will provide an estimate of the engineering fees according to the assumed conditions, which might later be adjusted depending upon actual conditions found in the field.

4. Cancellations

Customer may not cancel or delay delivery without express written approval of S. BRAVO obtained in advance of the due date. Customer is responsible for any and all costs incurred by S. BRAVO for any order cancellation or delay in delivery.

5. Claims

Customer must notify S. BRAVO’s customer service department in writing of any shortages or damage within five (5) business days of accepting delivery of the S. BRAVO shipment using the approved S. BRAVO forms. Any claims must include required documentation and specific photos of all damaged or missing items. Written specification of the amount any damages claimed for any shortages in shipments, corrections, or other deductions must be submitted within five (5) business days from receipt of product. Any and all flaws or damage are to be noted on the BOL upon receipt of shipment. All claims must be submitted to returns@sbravo.com.

6. Returned Goods

Customer must obtain authorization from S. BRAVO before any goods will be considered or accepted for return. Upon authorization, S. BRAVO will provide a return authorization number. Items are eligible for return within one hundred twenty (120) days or less from the original ship date. All return transportation charges and arrangements are the responsibility of the customer. Any and all returns must include the documentation information from the original purchase, including invoice number and ship date Returned goods are subject to inspection and evaluation by S. BRAVO for approval before credit will be issued. For any and all approved returns, S. BRAVO will apply a restocking charge of twenty five (25) percent of the value of the original order. Specialty manufactured products including factory-installed fittings and conversion frames or modifications created by added items are not eligible for return. Standard products must be returned in S. BRAVO’s original packaging, with all contents complete and in resalable condition. S. BRAVO does not accept returns on adhesives, lamination kits, or seals. Returns must be submitted to returns@sbravo.com.

7. Delays

S. BRAVO shall make all reasonable efforts to adhere to the planned shipping schedule provided to the customer. However, S. BRAVO shall not be liable for any damages or loss incurred by customer for failure to meet the shipping schedule provided, or for any delay associated with natural disaster, weather, insurrection, strike or similar cause.

8. Will Call

Will call orders will be available for pick-up from S. BRAVO located at 2929Vail Ave, Commerce, CA, 90040 or from BRAVO located at 58 Elliott Power Drive, Lexington, TN, 38351. A customer service representative will contact you to arrange the date and time for will call orders. Hours of operation are Monday-Friday, 7:30 am – 4:00 pm.

9. Taxes, Fees, and Duties

Customer is responsible for payment of all applicable taxes, fees and duties, to be paid either directly or via reimbursement to S. BRAVO. Any claim for exemption by customer if applicable, shall be effective only after S. BRAVO is in receipt of pre-approved exemption forms, and in no event following delivery, installation or performance.

10. Limitation of Liability

Regardless of the circumstances, S. BRAVO shall not be liable to for any incidental, special or consequential damages, damages for lost profits or similar liability. S. BRAVO’s total liability for damages under any order shall not exceed the price allocable to the goods or services giving rise to the claim.

11. No Agency

Nothing in any order shall be construed to render S. BRAVO in any way or for any purpose a partner, joint venturer, fiduciary, associate or in any relationship with customer, other than as that of buyer and supplier. Neither party is authorized to act as an agent for the other.

12. Controlling Law

Any order shall be governed by the law of the state of California.

13. No Waiver

S. BRAVO’s failure to enforce or insist on performance of any of the terms or conditions of an order shall not operate as a waiver of that or any other right.

Limited Warranty

S. Bravo Systems, Inc. warrants to the original purchaser that all containment systems sold by S. Bravo Systems, Inc. to Original Owner, when properly installed by a S. Bravo Systems, Inc. certified installer and maintained in strict compliance with S. Bravo Systems, Inc.’s instruction manuals, shall be free from defects in material and workmanship for a period of one (1) year from the date of purchase (‘warranty period’).

S. Bravo Systems, Inc., a California Corporation further warrants to the Original Owner that the fiberglass component of an S. Bravo Systems, Inc. and manufactured containment product will not fail as a result of internal or external corrosion for a period of thirty (30) years (except as further limited in Section A1a below) from the original date of purchase when used as intended for the containment of fuels under the following conditions.

A. The S. Bravo Systems, Inc. containment system may consist of any of the following S. Bravo Systems, Inc. manufactured products: fiberglass tank or turbine sump, fiberglass dispenser sump, fiberglass transition sump or fiberglass new construction

entry fittings; and

1a. “E” Series (Economy) containment sumps maintain a limited E Series Express Warranty from internal and external corrosion for a period of ten (10) years.

B. S. Bravo Systems, Inc. fiberglass entry fittings must only be used in conjunction with fiberglass pipe (either Red Thread llA or Dualloy 3000/L or 3000/LCX), steel pipe, galvanized pipe or PVC coated galvanized steel pipe and be bonded to a fiberglass wall.

C. The RLX and FLX-Series’ and direct replacement fiberglass retrofit fittings for flexible pipe are excluded from the Express Warranty agreement statement above. The FLX-Series and direct replacement fiberglass retrofit fittings maintain Limited Flex Series Express Warranty of three (3) years.

D. The NEXT series composite compression retrofit fittings are excluded from the Express warranty agreement statement above. The NEXT series retrofit fittings maintain a Limited NEXT Series Express Corrosion Warranty of five (5) years.

E. The S. Bravo Systems, Inc. tank sump lids and kits including the RC and RCP Series are warranted from corrosion for a period of one (1) year.

D. The S. Bravo Systems, Inc. containment system components must have been properly installed by an S. Bravo Systems, Inc. certified installer and in accordance with S. Bravo Systems, Inc. installation guides. This limited warranty covers replacement of the containment system only and does not include the cost of removal or installation. S. BravoSystems, Inc. is not liable for variations in color, texture or appearance of the containment system after replacement, nor does it warrant that replacement systems will be identical in all respects with any prior systems.

Should S. Bravo Systems, Inc. determine, in its sole and absolute discretion, that any failure cannot be corrected and cured by replacing the containment system, the remedy for breach of these warranties shall be an amount equal to the original cost of the product. This limited warranty shall not be applicable and shall be void if the Original Owner or any third party removes or replaces the originally installed containment system without written approval of S. Bravo Systems, Inc. which prior approval shall not be unreasonably withheld but may be conditioned upon a S. Bravo Systems, Inc. representative’s being present at such removal.

In order to make a claim under this limited warranty, the Original Owner, or its representative, must notify S. Bravo Systems, Inc. in writing, with photo documentation, of the nature of the claimed failure within thirty (30) days of discovery of such failure or damage. Upon receipt of such notice, S. Bravo Systems, Inc. shall, within a reasonable time, inspect the installation at issue and determine the nature of the alleged failure.

This limited warranty may not be modified without prior written approval of S. Bravo Systems, Inc. If any provision of this limited warranty is held invalid or unenforceable, in whole or in part, the remaining portions of this limited warranty shall be severable and remain in effect. This warranty will be limited to the repair and/or replacement of Bravo parts only and will exclude all claims for labor or consequential damage.

No agent, independent contractor, employee, or representative of S. Bravo Systems, Inc., including any approved installer, has any authority to bind S. Bravo Systems, Inc. to any affirmation, representation, guarantee or warranty concerning the goods affected by this limited warranty. Unless an affirmation, representation, guarantee or warranty made by an S. Bravo Systems, Inc. representative is specifically included within this limited warranty, it will not be enforceable. No delay or omission on the part of S. Bravo Systems, Inc. or its agents, representatives, employees, or independent contractors in exercising any right or remedy provided herein shall constitute a waiver of such right or remedy. This limited warranty may not be transferred or assigned to a third party without the prior written consent of S. Bravo Systems, Inc.

This limited warranty is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the law of that state. This limited warranty shall supersede all prior communications, either written or oral, and all previous agreements, if any, between the parties with respect to any subject matter hereof and shall set forth the complete understanding of the parties with respect thereto.

THIS LIMITED WARRANTY IS IN LIEU OF ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER OBLIGATIONS AND LIABILITIES ON THE PART OF S. BRAVO SYSTEMS, INC.

The foregoing shall constitute S. Bravo Systems, Inc.’s sole liability to the Original Owner and under no circumstances shall S. Bravo Systems, Inc. be responsible for any special, incidental, or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to particular circumstances or transactions. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

The foregoing shall constitute S. BRAVO’s sole liability to the Original Owner and under no circumstances shall S. BRAVO be responsible for any special, incidental, or consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to particular circumstances or transactions. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.