1. Description of Services:
    1. Provide labor and equipment, to accomplish the complete repairs, testing, setting and certification of boiler safety valves and various other relief valves, in accordance with A.S.M.E and National Board Inspection Code for Section I and Section VIII, V and UV. stamped pressure relief valves.
    2. Provide labor and equipment, to accomplish the complete repairs and testing services for various other type valves. Including in-line repairs.
      • Pressure seal Gate and Globe valves / Control valves / Regulators / Pneumatically operated valves / Actuators
      • Provide machine shop services. / Provide manufacturing capability, per specifications or reverse engineering.
      • Provide in-line repairs; weld repair and machining services to specifications.
      • Provide in-line flange repairs; weld repair and machining services including phonographic finish to specifications.
      • Provide labor and equipment, to accomplish the removal and installation of various types of valves and equipment.
    3. Provide sales representation for all types of valves.
      • Safety relief valves / High pressure Gate and Globe valves / Control valves / Regulators
  2. Schedule of Operations:
    1. Normal hours: 7:00 AM – 3:30 PM (Monday – Friday)
    2. Working hours breakdown: 8 hours/Shift 1 Shift/Day 5 Days/Week (Monday – Friday)
  3. Pricing:
    1. Pricing is lump sum; based on estimated labor in order to accomplish the job scope. This does not include parts if not specified in original quote. If parts are found to be beyond standard repair, the customer will be notified and parts will be priced accordingly.
    2. Pricing is based on continual availability and access to the work with work areas prepared, locations established and no anticipated delays.
  4. Assumptions:
    1. That no training or badge time will be required / That there are no scheduled delays between work activities / Union technicians will not cause on-site labor problems / There is adequate radial and axial space to allow for repair operations / Changes in the job scope that effect the total man hours to complete the work will be billed accordingly.
  5. Certified Safety Valve, Inc. will provide:
    1. Trained technicians and laborers with necessary tools and equipment in order to complete the job scope.
    2. All rigging along with handling equipment.
    3. Active data base for equipment serviced. Maintenance tracking, reports and certifications.
    4. Provide custom inventory for serviced equipment.
    5. 1 year warranty on serviced equipment.****
  6. Items to be provided by customer:
    1. Safe and adequate work area preparations such as scaffolding, safety equipment, temporary lighting, constant air supply (90 PSI, 120 SCFM), with hoses and connections to Certified Safety Valve Inc. equipment.
    2. Safe and clean work area free of such hazards such as asbestos or insulation where as fiberglass particles are airborne. Also any heavy quantities of ash or chemical residue. If these or any other conditions regarding unsafe work area’s may be of concern, Certified Safety Valve Inc. should be notified prior to commencing work so that adequate measures can be taken in order to minimize the hazards and protect the technicians.
    3. Layouts and cut locations.
    4. Sanitary facilities, first aid facilities, secure storage area and telephone access.
  7. Working Hours, On Call, Standby, Show Up Pay & Delays:
  8. When conditions on a project require an employee to be subject to standby or on-call, the following provisions will apply:

    1. Delays: Delays in the performance of work for any reasons other than the failure of Certified’s equipment will be charged at Time & Material rates.
    2. Working Hours: Certified Safety Valve employees are restricted to a maximum of a 16 hour work day unless prior written approval is received from Certified’s management. Employees are required to have a minimum of 8 hours off between shifts. If an employee has less than 8 hours off between shifts they will start back to work at overtime as if they had worked straight through.
    3. Standby: Employees will be paid for all hours spent at the job site waiting to work, unless delays are caused by Certified. If an employee is unable to work for an entire shift or longer they will be paid, at a minimum, 40 hours per week. Other costs associated with standby days are per diem, lodging, vehicle rental and equipment rental.
    4. Emergency Repairs: Employees will be paid based on a 4 hour minimum at overtime rates for normal working hours. They will be paid double-time on Saturday and Sunday. Holiday response is restricted to a 8 hour minimum and employees will be paid double-time and a half.
    5. On-Call: When an employee is asked to wait at their hotel/motel room or at the job site for notification that conditions are ready for them to start or continue working, this time spent will be considered on-call and will be billable.
    6. Show-Up Pay: Employees that report to a project and are sent home or to their hotel/motel room will receive 4 hours show-up if no work is performed that day. This will not be the case if standby or on-call applies.
  9. Quotation Terms:
    1. Service quotations are firm 60 days with the provision that it is subject to availability of manpower and equipment at time of award.
    2. Prior notification of 10 days is needed to schedule manpower and equipment.
    3. Quotations may be based on verbal information, subject to verification of job site conditions.
    4. Acceptance: The quotation is for the purchase and sale of the products and/or services identified on the quotation and is our offer to the purchaser.The quotation will become a binding contract on the terms and conditions set forth herein when the purchaser places an order with us based upon the quotation, whether in writing or verbally, or accepts any shipment of the products and/or services. The quotation is not an acceptance or confirmation of any other terms. This quotation will be governed by these terms and conditions and in the event of any inconsistency between these terms and conditions and the purchaser’s order, these terms and conditions will prevail. Acceptance of the quotation must be made on its exact terms and conditions, and any additional or different terms and conditions proposed by the purchaser are hereby objected to and rejected unless otherwise stated.
    5. Quotations and Orders: All quotations, purchase orders and sales contracts are subject to the following conditions of sale; (1) written sales quotations are void after (30) thirty days following the date of issuance; (2) typographical and clerical errors are subject to correction by us ; (3) all purchase orders are received subject to approval and acceptance at our corporate headquarters in Linden, New Jersey ; and (4) any assignment of this quotation or any right hereunder by the purchaser without our written consent will be null and void.
    6. Complete Agreement: The parties agree that these terms and conditions of sale constitute the final agreement of the parties, are a complete and exclusive statement of the terms of such agreement, and supersede all prior agreements between the parties and all terms on any printed forms previously exchanged or which may be exchanged in the future. These terms and conditions of sale cannot be modified or amended without our prior written consent.
    7. Shipment: All products and/or services covered by the quotation are sold F.O.B. either our plant in Linden, NJ or the manufacturer’s plant for the parts and/or valves required, unless otherwise indicated. The risk of loss or damage in transit will be upon the purchaser. The products will be prepared for shipment in a manner prescribed by us or the manufacturer and shipped by any public carrier which we deem satisfactory, unless the purchaser provides other specific shipping instructions when placing orders. Any date provided by us for completion of work or for shipment is intended as an estimate only and is not to be deemed a term of the quotation. Shipping charges shall be pre-paid and billed at the time of shipment.
    8. Warranties and Limitations: We warrant only that our products will conform to their description herein and that at the time of sale our products will be free from defects on workmanship and material. The name and reputation of Certified Valve Repair stands prudently behind every valve or piece of equipment we recondition. We are valve repair specialists, if at any time, in any way, a valve or piece of equipment that we have repaired fails to provide complete satisfaction, please bring the matter to our attention. Every repaired valve, pump, instrument, or equipment when used in accordance with the manufacturer and our recommendations is guaranteed to be free from defective workmanship and material. We will repair or replace without charge, F.O.B. our plant any repaired unit which our own examination proves to be defective within a period stated by our firm at the time of delivery. We assume no responsibility for incidental damage or expense. Authorization is required before returned articles will be accepted.
    9. Our interest in you as our customer does not cease when the valve or equipment has been delivered and paid for.

    10. Rejection: The purchaser’s claim of a right to reject allegedly incorrect or defective products must be submitted to us in writing within (10) ten days following receipt of such products. We will then have the option of inspecting such products at the purchaser’s plant or our own before allowing or rejecting the purchaser’s claim. Material may not be returned to us without first obtaining written permission in the form of (RGA) or Return Goods Authorization. All products returned to us must be shipped with transportation charges prepaid. Defects that do not impair satisfactory service cannot be the basis for rejection by the purchaser.
    11. Cancellation: Acceptances and orders are not subject to cancellation, change, reduction in amount, suspension or deferral of delivery and/or services, except with our written consent and upon terms including cancellation charges, which fully indemnify and protect us against loss (including profits).
    12. Taxes: Any sales, use/excise taxes and applicable state and local taxes, required to be collected by Certified shall be added to quoted prices and billed at time of invoicing, unless the purchaser provides us with a tax exemption certificate acceptable to the relevant taxing authorities.
    13. Payment Terms: To a purchaser with a good credit rating, cash payment will be due within (30) days after the date of invoice. Invoices will be dated as of the date of shipment, or at our option the date services begin or are completed. Invoicing will commence biweekly or on completion of project, whichever comes first. We reserve the right to charge interest at the rate of 1.5% per month (18% per annum) on the balance of any overdue account. We also reserve the right to negotiate special payment terms on any order. In the event that at any time we have sound reason to question the purchaser’s ability or willingness to comply with the payment terms set forth herein, or in the event of the purchaser’s insolvency or bankruptcy, we may, in addition to our other rights under applicable law, (1) cancel any order outstanding and receive reimbursement for reasonable and proper cancellation charges, (2) require payment in advance or upon delivery, (3) defer late shipments, or (4) ship on any other terms satisfactory to us.
    14. Indemnification: In the event the products and/or services described herein are used by the purchaser in a manner causing the infringement of any copyright, patent, trademark, registered design or similar proprietary right belonging to a third party, the purchaser will hold harmless and indemnify us as to any and all damages and costs for which we may become liable as a result of being charged with contributing to or inducing such infringement, provided that such infringements is not caused solely by the construction of said product or service provided without regard to the manner in which it is used.
    15. Waivers and Remedies: Our failure to insist upon strict performance of any provision of the quotation or to take advantage of any of our rights hereunder shall not be construed as a waiver of any such provision or the relinquishment of any such right. Our rights and remedies hereunder shall be cumulative and in addition to every other right or remedy provided for herein or by law. If any provision of this quotation is found to be illegible or otherwise unenforceable by any court or other judicial or administrative body, the other provisions of the quotation shall not be affected thereby and will remain in full force and effect.
    16. Actions: Any action for breach of the quotation, unless otherwise limited herein, must be brought to our attention within one year after the cause of action has a occurred.
    17. Applicable Law: This quotation will be governed by and construed in accordance with the laws of the State of New Jersey.
    18. Proprietary Rights: The format and verbiage for all documentation, forms and reports, including this agreement are proprietary and must remain confidential.