LIMITATIONS OF LIABILITY

TMI will do its very best to follow your instructions and deliver to you products and services that meet your quality expectations and your time requirements. TMI warrants that, for the stated warranty period, all components manufactured by TMI will remain free from defect in material and workmanship when properly installed, operated and maintained. Warranty for components other than above-mentioned, The manufacturer’s warranty will apply. This warranty is limited to the material replacement or repair cost (i.e. parts only) and does not include labor or incidental expenses. If, during warranty period, the unit(s) fails to perform due to lack of proper maintenance, abuse, destruction, or tampering with components and/or adjustments or misuse, this becomes the responsibility of the buyer.

TMI designs and manufactures its products to comply with those codes and insurance requirements specifically indicated in our quotation. Any additional requirements or equipment necessary to meet individual or local conditions will be supplied at an additional cost. TMI must receive written notification of any defects immediately upon discovery of said defect, during the warranty period. Products must be commissioned by a qualified TMI Service representative to effect warranty. If “Start Up” is not to be effected within sixty (60) days from date of shipment, the products are considered to be “in storage” and must be maintained in accordance with TMI’s storage instructions. Any expense for repairs and/or replacements necessary to return products to their “as built” condition shall be the responsibility of the buyer.

In addition, and without limitation, we shall not be liable for loss of any kind whatsoever due to delays or failure to perform caused directly or indirectly by acts of God, strikes, failure of transportation agencies, public enemy, the elements, war, insurrection, shortages of labor or material, government regulation, damage or accident to machinery or equipment, electric power failure, injury or damage to or loss of property delivered to us by the customer, or any other cause. Repairs and service will be billed on a time and material basis. All defective parts should be returned to TMI where reasonably possible, for inspection by TMI. Collect shipments will not be accepted. When the part is covered under warranty, applicable credit will be issued.

OWNERSHIP OF MATERIAL

Customers of TMI represent that they are the sole owners or authorized agents of the owners of materials delivered to the Company for services of any kind, and that they are the owners or authorized agents of the owners of all rights in connection with such materials. Customers further represent that the above materials are free of any lien or encumbrance.

20 HOUR DRY-RUN and RUN-OFF REQUIREMENTS

Due to the nature of TMI’s product, the QS-9000 required supplier dry-run is not feasible.

The run-off requirements, as set forth in the QS-9000; TE Supplement section 4.2.4 are followed at the Customer’s facility after installation by the Customer’s personnel.

INSURANCE

TMI will not insure any customer’s material while in the possession of TMI or while in transit to and from us unless specified in a separate agreement. All such materials delivered to TMI are accepted by us with the express understanding and condition that our customers will carry the insurance they deem necessary to protect against all loss or damage from any cause whatsoever including negligence, whether suffered while in TMI’s possession or control, or otherwise. The customer further waives all rights of subrogation; and the customer agrees that such insurance does not and will not give the insurer any recourse or rights of subrogation against TMI

Not withstanding the foregoing, in the event of loss, damage or destruction of any customer’s material as a result of TMI’s negligence, TMI will voluntarily, without admission of liability or responsibility, reimburse the customer for the cost of the raw material that is damaged or destroyed. In no event shall TMI be liable for production costs or for any consequential damages. Any claim for such reimbursement must be made by written notice to TMI within (30) days after delivery of such property to customer or its designee or notice of its loss or damage, whichever is sooner. All property delivered to TMI may be moved or kept at such place or places as TMI may deem desirable and there is no promise or representation, expressed or implied, that such property delivered for any purpose will be retained or kept at its premises or at any other designated place.

STORAGE OF CUSTOMERS’ MATERIALS

The Company will store customers’ property during the time of production. Since it is not possible for TMI to provide permanent free storage for customers’ property, a charge in accordance with published rates will be made for storage of all material which remains inactive beyond the agreed ship date.

LIEN ON MATERIALS

Property delivered to us is accepted upon the express condition that we hold a lien thereon for any continuing balance due us from the customer, whether in respect to services, storage charges, or otherwise.

REIMBURSEMENT FOR TAXES

Any taxes the Company may be required to pay in connection with the customer’s material or services performed, including sales tax, will be charged to the customer’s account.

THIRD PARTY AND FIELD WORK AUTHORIZATION

No work will be performed on customers’ materials except by direct order from the actual owner of those materials. Under no circumstances will work be performed and billed to a third party without specific instructions from both the owner of the materials and the third party.

If the work requested by the customer requires the property to be delivered to a third party for a performance of such related services, the customer authorizes TMI to deliver such property to a third party; but TMI shall have no liability for any loss or damage resulting from the negligence of such third party or occurring while the property is in transit to and from such third party. Any charges for fieldwork performed on TMI units must be pre-authorized by TMI project management.

SHIPMENT OF MATERIALS

Materials will be shipped via the method deemed by the Company to be most practical. Customers wishing a particular method of shipping, or insurance on a shipment, must make such requests in writing. As long as customer-owned materials remain in the possession of the Company, it is the Customer's sole responsibility to keep a current address on file with TMI.