Document 5R9DZK50EM6ZzVKnEKYg3m7z

C&tainssecO Oate Subject May 30, 1978 NSP WARRANTY/ A/C EPOXY-LI NED PIPE DISCLAIMER To n* m A/C CUSTOMER SERVICE MANAGERS F,m bLL S.B. Erwin/gg 'i- '7 V'.L'-/ Location and mail code Location and mail code VF P&PG #2B D.F. Young C. Pontz R. Shields A.E. Scheetz S. Beyer R. Dotterer H.E. Strang T.A. Switalski VF P&PG #2B VF Corp #\ VF P&PG VF P&PG #2B VF P&PG #2B VF P&PG #2B VF P&PG #2B VF P&PG OO Attached are copies of the A/C Epoxy-Lined Pipe Disclaimer and NonStandard Product Warranty currently in effect. (The A/C Disclaimer supercedes any disclaimer currently used.) The Warranty and Disclaimer have been approved by Legal, Claims, Accounting and Customer Service, and are to be used with invoices for A/C epoxy-lined pipe and non standard products as follows: Enter the following statement, as appropriate, on the face of the invoice with the flexowriter via an edge-punched card: "Important - Refer to Attached A/C Epoxy-Lined Pipe Disclaimer" "Important - Refer to Attached Non-Standard Product Warranty" Use an "x" or "+" around the statement as shown in Exhibits 1 and 2. Attach a copy of the warranty/disclaimer to the customer copies of the invoice. A supply of disclaimers and warranties is being sent to you under separate cover. When you need an additional supply, please contact P&PG Systems & Procedures. Attachments 01-25-0005 PLAINTIFF'S EXHIBIT CTD027590  Z jfl____________Q M f f l Q - Q < 2 uu ,.-5-7*. foEl ip l. VT*'J9 CERTAIN-TEED PRODUCTS CORPORATION ' PIPE & PLASTICS GROUP CUttOWt,OHO(AMO 14867 COMP ACC* HO CE FTTAIH V 0l| IHIPftO o*oc n NUMUC M JK#P(0 VIA Jjiui'4- 4835-1 CONTRACT T-141 SHtA TO ni >AL(S MAN SALESMAN SALt SMAH OROKA OAT( INVOlC* NO TCRMS EXHIBIT 1 TT0 COl ( i rjnpM 035060014 ieDoi 58 61074 | _____ L i ibiH 58308^0 2%1GPR0XNET3CPR0X I BANCROFT & MARTIN P.0. BOX 273 WINTHROP MAINE 04364 A COHTAINCR OAG UNIT OF MEASURE CODES e CACH L lincal Poor 035060014 BANCROFT & MARTIN NORTH LEEDS ME OT I WE HEREBY CERTIFY THAT THE GOODS COVERED HEREBY WERE PRODUCED IN COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938. AS AMENDED. PARTICULARLY SECTIONS 6. 7 AND 12 THEREOF. AND REGULATIONS AND ORDERS OF THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION ISSUED UNDER SECTION 14 THEREOF. AMBLER F/A SALES COM m 1312 1312 1312 1132 1132 1132 1132 1132 5314 OUANtTTV * V SMIPPCO * 1 Cl T 230L 70 3t)E INVENTORY OUANTlfV I S 4 3 4 II 1 50 i pO 20 13 50 50 5)2 4]D 55 55 30 34(3 ID 5040 2570 3660 CATALOG NO 62188 62184 16182 18184 20002 621C8 62104 62105 16102 18104 87401 PCRCCWf 0C0UCT1OH. * 2 2 ' 32 53 32 32 53 DESCRIPTION 18 C2400 P/B PIPE 18 C2400 1/2 KE0 18 SWR CPLGS 18 SWR RINGS QT & 1/2 LUBE 10 C2400 P/8 PIPE 10 C2400 1/2 ME0 10 C2400 1/4 ME0 10 SWR CPLGS 10 SWR RINGS 4 SWR NIPPLES NT PfHCC IBB069 3b4 3^8 4 if 41 4] 4- 4- 4 4- -f 4- 4- f *L + + + + + + + + + + + + H -- mOpRrcA'Nfr - RE ER TO ATTAC {!) a/C epoxy-lined pipe disclp I ME -- + if 4- 4 - 4- 4-4-4- f 1 + + + + + + + + + + + + Hr -- Shipment PUASE REMIT TO SUO TOTAL 320431 CERTAIN-TEED PRODUCTS CORPORATION At oddreu checked (x) below PO *0*60531 Dallas tixxs m:so P 0 SOX3RIS AILANIA GA 30303 PO KOK 14363 ST LOUIS MO Klllt P 0 SOX 360320M PtltseuRGM fA ISJTO f o eox 30*3 xincon annex SAN HIANO$CO CAUF *4130 FREIGHT-420,40 POST THIS AMOUNT AMOUNT OF INVOICE 320431 ^4005^478740 2775P1 0200 CAIM Oil COUNT 4 ANNt O IP PAIO .. 12 11 q 74 XI 5552 CTD027591 Z V t____________0 - t m n - Q < 2 L?li-a UtKIAIIM-IttU lJHUUUU5 bUhrUHA I IUI\I '.UWOMt rn OMQtA *K> FINAL CERTAIN f* o 1 1 EY 0*0t A NUMbM 3i09-6 PIPE & PLASTICS GROUP TInto T-11 EXHIBIT I I V ro'174' |hip TO PVT SALESMAN SALE S M AN SALESMAN 033950012 45J163 6 1 0 1 j4 ___L -A&P WATER &TEWER SUPPLIES, INC; P.O.BOX 1188 7921-A WOODRUFF COURT OPOC <* otc voice no 1 1 p 1P 4 5830830 2%25PR0XNET30PR0X A CONTAIN* A 42H5_ UNIT OF MEASURE COOES ( EACH SPRINGFIELD, VA. 22151 AC L ONE AL POOT 033950012 BRYANTS PLUMB! NG & HEATING LEXINGTON VAi Z WE HEREBY CERTIFY THAT THE GOODS COVERED HEREBY WERE PRODUCEO IN COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938. AS AMENDED. PARTICULARLY SECTIONS 6. 7 AND 12 THEREOF. AND REGULATIONS AND ORDERS OF THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION ISSUED UNDER SECTION 14 THEREOF. F.O.B. AMBLER F/A m 5213 QUANTITY SMlPPCO 9 4321 ib INVENTORY * U OUANWY 1 * N 9 432 1 ID 0 2b UNIT PRICE 338605 '// CATALOG NO 66657 ft 0 35? 1 61 52 b| 18154 I DESCRIPTION 15 SO ELL 15 SWR CPLG 15 SWR RING NET PRICE 3 556 I -s +j h F IV PDITAV F> F F + + F + + + 4* + RqFIR TO ATTACH ++++++++ +++++++++++++ )N-STANDARD PRODUCT WARRANTY 4-4- + + + + + + + + + + + SHIPMENT T/R-74-02-A-0104 Plf ASC REMIT TO CERTAIN-TEED PRODUCTS CORPORATION At oddress checked (x} below suo TOTAL ro cox S093S 0AUAS IUAS 39350 P 0 0K 3915 AHANTA GA 3030? PO COX 4?U $1 lOUlS MO 431 31 TZ0'0<>-. 36 PO sox 340330M ^iMssuxGH pa 15330 P 0 SOX 30*0 XINCON ANNEX SAN fXANC'SCO CAUf 94130 FREIGHT-436 i 3520 POST THIS AMOUNT AMOUNT OF INVOICE \ 0200 4%I 5 BY 11-15-74 CA1H DISCOUNT IAXNI O IP PAlO 12 |2g 74 ZB 3556 3556 1.41 ft' \7 0 CTD027592 S*> NON-STANDARD PRODUCT WARRANTY CertainTeed Pipe and Plastics Group CertainTeed only warrants to replace, without charge, those non-standard pipe lengths and fittings proven to be deficient with respect to dimensional requirements only with six (6) months of the date of delivery thereof; provided, however that CertainTeed has first been given an opportunity to in spect the pipe and fittings alleged to be dimensionally defective in order to determine if the pipe lengths and fit tings meet CertainTeed1s dimensional specifications. Products sold by CertainTeed which are manufactured by others are war ranted only to the extent of and are limited to the warranty of the manufacturer. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES/ EXPRESS OR IMPLIED/ ORAL OR WRITTEN/ INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CERTAIN-TEED BE RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING/ WITHOUT LIMITATION/ ANY EXPENSE FOR REMOVAL OR REINSTALLATION RESULTING FROM ANY DIMENSTIONAL DEFECT OR ANY OTHER DEFECT WHATSOEVER. CTD027593 .;r,;,v ,..:: ; a/c epoxy-lined p.ipe disclaimer Lerta In-Teed only warrants .to replace, without charge,. those asbestos- cement , epoxy- 1 i ned pipe lengths, and., fittings proven to have manufacturing .. defects'within six (6) months ofthedate of delivery thereof;'- provided, however, that Certain-Teed has first been given an opportun 1 ty .to inspect . \ the pipe and fittings alleged to be defective in order to determine if the p|pe lengths and fittings meet Certain-Teed 1s specifications and if the handl ing,., installation, and operating conditions have been satisfactory and in accordance with acceptable practices. Owing to the widely varying condItionsunder which Certain-Teed1s products are installed and used, this company cannot be and is not bound, and no person is authorized .to bind this company, by any further warranty whatsoever. `. Because Certain-Teed asbestos-cement epoxy-lined pipe will generally be installed for applications marked by the transmission of substances which often prove highly aggressive, CERTAIN-TEED DOES NOT WARRANT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY EXPENSES/ DAMAGES/ OR LOSSES WHATSOEVER CONNECTED WITH OR GROWING OUT OF OR CAUSED BY THE FAILURE OF THE EPOXY-LINING OF ASBESTOS-CEMENT PIPE. THE FOREGOING WARRANTY IS IN LIEU OF.ALL OTHER WARRANTIES/ EXPRESS OR IMPLIED/ ORAL OR WRITTEN/ INCLUDING THE WARRANTIES OFF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CERTAIN-TEED BE RESPON SIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING/ WITH OUT LIMITATION/ ANY EXPENSE FOR REMOVAL OR RE INSTALLATION RESULTING FROM ANY DEFECT. CTD027594 CertairifeetO Subject NSP WARRANTY Date May 30, 1978 To PVC CUSTOMER SERVICE MANAGERS From S/SL S.B. Erwin/qq Location and mail code Location and mail code VF P&PC j?2B D.F. Young C. Pontz R. Shields A.E. Scheetz S. Beyer R. Dotterer T.A. Switalski H.E. Strang VF P&PG m VF Corp #i VF P&PG #2B VF P&PG m VF P&PG m VF P&PG m VF P&PG #2B VF P&PG #2B Attached is a copy of the Non-Standard Product Warranty which has been approved by Legal, Claims, Accounting and Customer Service. The warranty is to be used with invoices for Non-Standard products as follows: Stamp (in red) the face of the first three copies of the invoice (2 customer copies, 1 Accounting copy) with the following: "Important - Refer to Attached Non-Standard Product Warranty" (Rubber Stamps with the above statement will be supplied.) Attach warranty to customer copies of invoice. The reason for requiring that the Accounting copy stamped is so that a record Is maintained proving that the customer was informed about the Non-Standard Product Warranty. The accounting copy of the invoice is the "copy of record" that will be microfilmed and retained in Valley Forge. A supply of the warranties and rubber stamps is being forwarded to you under separate cover. When an additional supply of the warranties is required, contact P&PG Systems & Procedures. Attachments Ot-25-0005 CTD027595 CertainTeedGI Date Subject May 31, 1978 NSP WARRANTY/ A/C EPOXY-LINED PIPE DISCLAIMER To From DISTRICT SALES MANAGERS ,. S.B. Erwin/gg Location and mail code Location and mail code VF P&PG 2b D.F. Young C. Pontz R. Shields A.E. Scheetz S. Beyer R. Dotterer T.A. Switalski M.J. Caserta H.E. Strang VF P&PG m VF Corp \ VF P&PG m VF P&PG m VF P&PG #2B VF P&PG #2B VF P&PG #8 VF P&PG m VF P&PG #2B Attached are copies of the A/C Epoxy-Lined Pipe Disclaimer and NonStandard Product Warranty currently in effect. (The A/C Disclaimer supercedes any disclaimer currently used.) The Warranty and Disclaimer have been approved by Legal, Claims, Accounting and Customer Service, and are to be used with quotations and order acknowledgements for A/C Epoxy-lined pipe and non-standard products as follows: Type the following statement (as appropriate) on the face of all copies of the order acknowledgement/quotation: "Important - Refer to Attached Non-Standard Product Warranty" OR "Important - Refer to Attached A/C Epoxy-Lined Pipe Disclaimer" Use the exact format shown on Exhibits 1 and 2 so that the statement wi 11 stand out. Attach the disclaimer/warranty to the customer copy of the quotation/ "order acknowledgement. The pipe plants will also be attaching copies of the disclaimer or warranty to any appropriate invoices issued. A supply of the disclaimers and warranties will be sent to you ulider separate cover. When an additional supply is required, notify PEPG Systems & Procedures. Attachments 01-2S-0005 CTD027596 ^ftairileedH ertainTeed Corporation ipe and Plastics Group ROJECT NAME .'0: ORDER ACKNOWLEDGMENT OATE REFERENCE YOUR ORDER NO. ORDER RECEIVED VI OATE RECEIVED PURCHASE OROE TUX Q PHONE 010 OATE TRAOE REPORT NO. This is to acknowledge receipt of your order. Shipment of all items against this order, as listed below, are subject to all terms and conditions on the reverse side of this form. The prices given below apply to all shipments made against this order through / / QUANTITY DESCRIPTION UNIT PRICE EXHIBIT I IMPORTANT - Refer to Non-standard Product Warranty 02-20-0008 IP60641 8/77 AUTHORIZED SIGNATURE CTD027597 Terms and Conditions of Sale for CertainTeed Piping Systems CertainTeed El The following generel terms end conditions of seie apply to CeriamTeed Pipe and/or fittings, solvent, and lubricant and other accessories 1. A/C and PVC Pipe and Accessories A. Prices quoted are good for 60 days from the bid date alter which lime they ere automatically cancelled, unless otherwise agreed by CertemTeed Corpo ration's P&PG District Sales Manager B. Shipments made within t2Q days from bid date shall be at prices quoted herein, unless otherwise agreed by CertainTeed Corporation's P&PG Districl Sales Manager 2. Force Mejeure: CertainTeed shall not be liable for any delays or failures in making delivery where occasioned by strikes or differences with workmen or by any causes beyond the control of CertainTeed. such as but not limited to. tires. Hoods, accidents, action of any government authority, or shonages of labor, raw materials, production facilities or transportation. 3. Product Chengea: CertainTeed reserves the nghl to alter, modify, or redesign its products without liability for obsolescence 4. Taxes: All Federal, stale or local sales or use of similar taxes shall be lor ihe Customer's account 5. Tarma: Pip* and Fitting* Solvant, Lubricant and other accetaoriee: 2% (after deducting freight] 10th Prox Net 30th Prox . to stock 2% (after deducting lreight) 25lh Pro* .Net 30th Prox to contractors. 6. LUI Price. Discount or Freight Change*: List prices of pipe, fittings, etc . discounts end freight terms are sub|ect to change without notice. 7. Order Acceptance or Rejection: CertainTeed reserves the right to accept, or refect any order Possession of a price list does noi constitute an offer to sell 9. Credit Approval: Customer credit approval is required prior to any shipments Should customer's financial responsibility become unsatisfactory to CertainTeed. cash payments or satisfactory security may be required by CeriamTeed prior to delivery 9. Mode of Shipment or Packaging: CeriamTeed reserves the right loshipordersat the most economical rate Where customer requests special packaging or handling the additional cost wifi be billed to the customer. 10. Damega. loa or Shortage Claim* Upon receipt of order, customer must check for accountability and acceptability of goods. Any damage, lossor shortage should be reported to the driver and noted on his billing papers in the event that a common earner is retained by CeriamTeed on Customer's behalf to deliver shipment* locustomers requested pomt of delivery, the risk of any damage or loss to said shipment shall pass to the Customer upon delivery of the shipment by CertainTeed to the carrier even though CeriamTeed may agree to be responsible for the costs of shipment Shipments must be inspected for damage or loss or shortage upon receipt by consignee prior to acceptance from the earner Any damage or loss claims must be made to the earner CeriamTeed will not be liable in any manner for damage or loss caused to a shipment by a common earner Shortage of material claims regardless of "mode of shipment" musl be submitted m writing to CertainTeed within 30 days of invoice date 11. Cancellation: Non-Standard or custom produced pipe and/or fittings are not subfect to customer's cancellation once production has begun. 12. Non-Slanderd Products: Definition A, Piping: This isa piping product which the plant servicing thecustomer has the capability of producing but does not inventory, or does not have the capability of producing. In these instances, the customer should check for availability and minimum quantiiy required lo process order Definition B. Fitting*: As defined on the price pages, or those "welded-up" especially (or the customer Fittings not shown by CeriamTeed which must be specially fabricated must be submiftec' lor consideration, advising quantity and pertinent details, through the Oistrict Sales Office tor availability and pricing 13. Relumed Material* Forward individual requests to the CeriamTeed Oistrict Sales Manager. Metenels cannot be returned without prior approval and written authorization issued by appropriate CeriamTeed Personnel Material returned withoul this authorization will not be accepted at the plant A 25% restocking charge and freight costs of returned material (and out-treighl if applicable) will be charged to the account of the customer in addition. CeriamTeeds Quality Control Department will determine acceptability of returned materiel lor restocking and resaiabiiiiy Credit will be issued on resaleable material only. 14. Oekvery'. Quoted deliveries are based on estimates at the time of quotation CeriamTeed Corporation will devote its best efforts to meeting delivery schedules but assumes no liability tor additional costs or damages resulting from late deliveries 15. Warranty: CeriamTeed only warrants toreptace. without charge, those pipe lengths and fittings proven lo have manufacturing detects within six (6) months of the date of delivery thereof, provided, however, that CeriamTeed has first been given an opportunity to inspect the pipe end fittings alleged to be defective m order to determine if the pipe lengths and fittings meet CeriamTeed s specifications and if Ihe handling, installation, and operating conditions have been satisfactory and m accordance with acceptable practices Products sold by CertainTeed which are manufactured by others are warranted only to the extenl of and are limited to the warranty of the manufacturer Owing to the widely verymgcondttions under which CeriamTeed s products are installed and used, this company cannot be and is not bound, and no person is authorized to bind this company, by any further warranty whatsoever Because CeriamTeed cannot be assured that sotvent weld pipe will be installed by persons fully acquainted with the proper installation techniques involved and the limitations upon such techniques caused by variations in installation con ditions. CertainTeed does no! warrant and wffl not be responsible or liable for any expensee, damage* or losses whatsoever connected wf(h or growing out of or caused by the failure of any solvent weld Joint or by defective solvent used in making such Joint This disclaimer does not apply to factory-made solvent welds The foregoing warranty te In Ueu of ail other warranties, express or implied, oral or written. Including the warranties of merchantability and fltnass lor a particular purpose, in no event shall CertainTeed be responsible for consequential or Incidental damages of any kind Including, without limitation, any axpenee for removal or reinitiation resulting Irom any delect 16. This agreement shall be governed by. and interpreted according to. the laws of the Commonwealth of Pennsylvania 17. The foregoing terms and conditions constitute the entire understanding between Ihe parties hereto and supersedes any or all prior representations, agreements or understandings, it any. whether oral or written, relative to products delivered hereunder. In the event that any of Ihe terms of any purchase order of Customer conflict with the terms and conditions set forth herein, the general terms and conditions shall govern No modification hereof shall be effective unless made in wnting on a subsequent date hereof and executed by CertainTeed. 10/77 CTD027598 CertainTeed Corporation Pipe and Plastics Group 676 East Swedesford Road Suite 321 Wayne, PA 19087 (215) 687-9250 Certairileed Date: Quotation No. Subj ect: As distributor for CertainTeed Corporation we are pleased to furnish you this quotation for pipe on the following basis: EXHIBIT 2 IMPORTANT - Refer to attached A/C Epoxy-lined Pipe Disclaimer Terms: All shipments are subject to our approval of credit. YOUR ORDER IS SUBJECT TO ACCEPTANCE BY CERTAINTEED All orders based on truckload quantities are shipped FOB plant, freight prepaid and allowed to the nearest accessible point of delivery over hard surface roads. A truckload will be the quantity of material required to protect the lowest published freight rate. Contact the district sales office address above for weight/volume requirements from specific plants. The additional terms and conditions on the reverse side are part of this quotation (over). We thank you for this opportunity to submit a quotation. Very truly yours. 02-96-0261 By: CTD027599