SCHUMACHER IRRIGATION COMPANY POLICY:

CLAIMS

Claims for shortages, defective or damaged goods must be made within five (5) days from receipt of shipment.

Damages occurring "in transit" are the responsibility of the freight company and should be noted on the bill of lading when the shipment is received. Submit a claim directly to the carrier as soon as possible.

RETURNS AND CANCELATIONS

Merchandise may be returned only at the option of SCHUMACHER IRRIGATION, INC. Merchandise authorized for return

  1. must be returned freight prepaid,
  2. must be in new re-saleable condition, and
  3. is subject to a 15% restocking charge
  4. custom-built fittings cannot be returned, unless approved

Credit will be issued to your account when the items are received back at our office.

Orders may be cancelled at the option of SCHUMACHER IRRIGATION, INC. if the request is received prior to shipment. Nonstandard items may not be cancelled without substantial penalty after material is "in process of manufacture."

GUARANTEE

All products are guaranteed against defect due to faulty workmanship or material. This guarantee is void when merchandise is used for purposes other than that for which it was designed or if improper pressures are maintained.

LIABILITY

SCHUMACHER IRRIGATION, INC. is not responsible for delays and losses beyond our control or for losses or damages due to application of equipment for uses other than that for which it is designed or for operation under pressures not recommended. Suitability of the merchandise for the job for which it is sold is the sole responsibility of the buyer regardless of advise or recommendations by the seller. SCHUMACHER IRRIGATION, INC. assumes no responsibility for system design or for any damages or losses due to lack of minimum water requirements for crops being irrigated with SCHUMACHER IRRIGATION, INC. equipment.

BILLING AND LATE CHARGES

All payments are due on the 10th of the following month from the date of the invoice. Account statements are sent at the end of each month. After 30 days the principal is subject to an annual finance charge of 18%.

FREIGHT

WARRANTY AND LIMITATIONS OF LIABILITY

As used herein, "Supplier" shall mean SCHUMACHER IRRIGATION, INC. or any of its affiliates (for clarity, as used herein, Supplier shall only refer to such entity which actually sold the product being warranted to the initial purchaser). Supplier warrants to its initial purchaser only, that the products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be delivered free of defects in workmanship or material.

Should any failure to conform to this warranty be discovered within the Warranty Period (defined below) and written notice of such nonconformity is provided to Supplier promptly after such discovery and within the Warranty Period, upon return of the defective product to Supplier in accordance with the Supplier's instructions and the reasonable determination by Supplier that the product (a) does not conform to the warranty and (b) has been stored, installed, used, maintained and operated in accordance with recognized engineering and piping practices, industry standards and the installation and operating manuals supplied by Supplier, Supplier will correct such defects by suitable repair or replacement of the product at Supplier's own expense or refund the portion of the price applicable to the nonconforming portion of the product (which alternative shall be at the sole discretion of Supplier). If any portion of the product so repaired or replaced fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to Supplier promptly after discovery and within the original Warranty Period applicable to such product or 30 days from completion of such repair or replacement, whichever is later, Supplier will repair or replace such nonconforming product. The original Warranty Period shall not otherwise be extended.

The "Warranty Period" shall mean a period of one year from the date of delivery to its initial purchaser. In the event that Supplier elects to replace or repair the defective product, Supplier shall pay up to $50 per defective product for total cost of installation, in addition to repairing or replacing such product in accordance with the terms contained herein. In the event of multiple claims, such payment shall be no greater than $1,000 for each installation project. Except as set forth in the foregoing sentence, Supplier shall not be responsible for the cost of providing working access to the nonconforming products, including disassembly and re-assembly of non-Supplier supplied equipment, or for transportation to or from any repair facility, all of which shall be at the initial purchaser's risk and expense.

This warranty applies only during normal, intended and proper use that meets the above referenced conditions of storage, installation, usage, maintenance and operation and is absolutely void if the product has been damaged after purchase, or if it has been repaired (except if such repair was expressly authorized by Supplier and performed by Supplier), misused, altered or modified in any manner whatsoever. Without limiting the generality of the foregoing, this warranty is void if any portion of the product, including without limitation, any component, gasket, housing or bolt, has been misused, modified, altered, repaired (except if such repair was expressly authorized by Supplier and performed by Supplier), remanufactured or replaced (except if such replacement was expressly authorized by Supplier) in any manner by the initial purchaser, customer, user of the product or third party.

Supplier does not warrant or cover damages arising from a disaster such as a fire, flood, wind, earthquake, or lightning. The warranty set forth herein also does not cover normal and customary wear and tear. The limitations contained herein on the validity of the warranty shall govern not only the express warranty made by the Supplier herein, but also any other warranty which, contrary to the terms herein, is deemed or implied by law to be in effect. Products supplied by Supplier but manufactured by others are warranted only to the extent of the manufacturer's warranty, and only the remedies, if any, provided by the manufacturer will be allowed.

No returns will be allowed unless prior written permission of Supplier is first obtained. Purchasers shall be responsible for all costs of transportation as well as restocking charge. All causes of action against Supplier arising out of or relating to this warranty or the performance or breach hereof shall expire unless brought within one year of the time of accrual thereof.

THIS WARRANTY IS EXCLUSIVELY FOR THE BENEFIT OF THE INITIAL PURCHASER OF THIS PRODUCT FROM SUPPLIER, AND, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING WARRANTY IS IN LIEU OF, AND SUPPLIER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S EXCLUSIVE REMEDIES AND SUPPLIER'S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. LIMITATIONS OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL SUPPLIER BE LIABLE TO ITS INITIAL PURCHASER OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS, AND CLAIMS OF CUSTOMERS OF THE INITIAL PURCHASER OR OTHER THIRD PARTIES FOR ANY DAMAGES., EVEN IF SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT, REGARDLESS OF CAUSE, SHALL SUPPLIER BE LIABLE FOR PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION OR FOR INDEMNIFICATION OF INITIAL PURCHASER OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES ARISING OUT OF OR RELATED TO THE PRODUCTS.

No warranty of any kind, whether express or implied shall pass through our initial purchaser to any other person, organization, entity or the like. Except as expressly provided herein, in no event shall any liability or responsibility of Supplier which may arise in any circumstances whatsoever exceed the price to the initial purchaser of the Supplier's product on which such liability is based. Disclaimer: Supplier shall not be liable or responsible for omissions or errors in its catalog. Please refer to www.schumacherirrigation.com for current information.

$50 minimum order