warranties

Apollo Press valves and fittings
Apollo PowerPress valves and fittings
VSH Shurjoint composition image

Aalberts integrated piping systems warrants, to its initial purchaser only, that its products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material for a period of FIVE years from the date of delivery to you, our initial purchaser. This warranty applies to Apollo brand product with “Made in the USA” markings only.

Should any failure to conform to this warranty appear within FIVE years after the date of the initial delivery to our initial purchaser, Aalberts integrated piping systems will, upon written notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Aalberts integrated piping systems’ recommendations and standard industry practice, correct such defects by suitable repair or replacement at Aalberts integrated piping systems’ own expense.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Aalberts integrated piping systems to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of Aalberts integrated piping systems that no warranty of any kind, whether expressed or implied shall pass through our initial purchaser to any other person or corporation.

LIMITATION OF LIABILITY: AALBERTS INTEGRATED PIPING SYSTEMS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR TO LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF AALBERTS INTEGRATED PIPING SYSTEMS WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. * It is the end user’s responsibility to confirm that items intended for use satisfy local codes and standards.

TERMS AND CONDITIONS OF SALE

• Payment: Net 30 days.

• All prices F.O.B. shipping point with freight allowed on shipments of $6,000 net minimum to all shipping points within the United States excluding Alaska and Hawaii. No freight allowed on Air Freight or Parcel Post shipments. Claims for shortages must be made within 10 days of receipt of material. Our responsibility ends when a receipt is furnished us by the carrier. • No Invoice Rendered For Less Than $50.00.

• No freight will be allowed on Air Freight, Air Express, Parcel Post or U.P.S. shipments.

• All Aalberts integrated piping systems products may be combined to make sufficient weight for full freight allowance.

• Phone order quoted prices are subject to correction. Prices and designs are subject to change without notice.

• Orders for material or special design or specification are made to customer’s order and are not subject to cancellation or return.

• All goods returned to us will not be accepted unless a full explanation has been made and our written authorized permission obtained in advance. All goods returned – if accepted – will be credited at invoice price, less 30% for service and rehandling charges, plus shipping expenses.

• We reserve the right to adjust orders to box quantities.

*LEAD FREE: The wetted surfaces of this product shall contain no more than 0.25% lead by weighted average. Complies with Federal Public Law 111-380. ANSI 3rd party approved and listed. Aalberts integrated piping systems offers a wide range of Apollo products for potable and non-potable applications. When the use of lead free valves is required by code, specification or legislation, it is the sole responsibility of our customers to ensure that only lead free Apollo products are installed in systems intended for potable water service. Further information related to our product offering and the U.S. Safe Drinking Water Act (SDWA) is available at www.apollovalves.com/lead_free or by contacting Aalberts integrated piping systems Customer Service.

WARRANTY AND LIMITATIONS OF LIABILITY

Aalberts integrated piping systems Americas, Inc. and Elkhart Products Corporation warrants, to its initial purchaser only, that its products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material. For Valve products, this warranty is for a period of FIVE years from the date of delivery to you, our initial purchaser. This warranty applies to Apollo brand product with “Made in the USA” markings only. Should any failure to conform to these warranties appear within FIVE years after the date of the initial delivery to our initial purchaser, Aalberts integrated piping systems Americas, Inc. will, upon written notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Aalberts integrated piping systems Americas, Inc.‘s recommendations and standard industry practice, correct such defects by suitable repair or replacement at Aalberts integrated piping systems Americas, Inc.’s own expense. For All Fittings, (Elkhart Products Corporation) this warranty is for a period of FIFTY years from the date of delivery to you, our initial purchaser. Elkhart Products Corporation also warrants that all fittings will be free from defects in material and workmanship which will impair their usefulness provided they are used in the service for which they are recommended. Any fitting which proves to be defective will be replaced or a credit issued, but no incidental labor charges, expenses or damages will be allowed. Apollo International™ Products: Aalberts integrated piping systems Americas, Inc. warrants its Apollo International™ products, to be of the kind described in the order or price list and will be free of defects in workmanship or material for a period of TWO years from the date of delivery to you, our initial purchaser. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Aalberts integrated piping systems Americas, Inc. and Elkhart Products Corporation to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of Aalberts Integrated Piping Systems, Inc. that no warranty of any kind, whether expressed or implied shall pass through our initial purchaser to any other person or corporation. LIMITATION OF LIABILITY: Aalberts integrated piping systems Americas, Inc. and Elkhart Products Corporation SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR TO LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF Aalberts integrated piping systems Americas, Inc. WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. * It is the end user’s responsibility to confirm that items intended for use satisfy local codes and standards.

TERMS & CONDITIONS OF SALE

• Payment net 30 days.

• All prices F.O.B. shipping point with freight allowed on orders containing at least: $3,000 net minimum of ApolloPress fittings / $6,000 net minimum of ApolloPress valves, to all shipping points within the United States excluding Alaska and Hawaii.

• No invoice rendered For Less than $50.00. • No freight will be allowed on Air Freight, Air Express, Parcel Post or U.P.S. shipments.

• Claims for shortages must be made within 10 days of receipt of material. Our responsibility ends when a delivery receipt is furnished us by the carrier.

• Phone order quoted prices are subject to correction. Prices and designs are subject to change without notice.

• Orders for material of special design or specification are made to customer’s order and are not subject to cancellation or return.

• All goods returned to us will not be accepted unless a full explanation has been made and our written authorized permission obtained in advance. All goods returned – if accepted – will be credited at invoice price, less 30% for service and rehandling charges, plus shipping expenses.

• We reserve the right to adjust orders to box quantities.

scope

Subject to the conditions and limitations in this Limited Warranty, Aalberts integrated piping systems warrants to the owner of applicable real property in the United States (including its territories) and Canada that all Apollo® press ttings listed in the Apollo POWERPRESS® product range, when properly installed in the Approved Applications speci cally mentioned below, under normal conditions of use, shall be free from failure caused by manufacturing defects for the applicable Warranty Period(s). This Limited Warranty applies strictly to products installed in the country in which they were purchased. The terms of this Limited Warranty shall only apply when installation is performed in conformance with Apollo’s written installation instructions. Additionally, all products must be installed in accordance with all then applicable codes, good plumbing practices, and in accordance with any local, state, provincial or federal requirements. This Limited Warranty shall be applicable to Apollo POWERPRESS® products only during the following Warranty Period(s):

• The terms of this Limited Warranty shall apply to Apollo POWERPRESS® ttings for a period of 15 years from the date of delivery to the original purchaser.

• The terms of this Limited Warranty shall apply to Apollo POWERPRESS® valves for a period of 5 years from the date of delivery to the original purchaser.

APPROVED APPLICATIONS

The Apollo POWERPRESS® system can be used in the following applications:

Apollo POWERPRESS®

• Closed loop heating installations

• Closed loop cooling installations

• Compressed air installations • Wet sprinkler installations

Apollo POWERPRESS® Gas system:

• Gas installations

compatibility

Aalberts integrated piping systems guarantees the pressed connection of Apollo POWERPRESS® ttings when pressed under the following conditions:

1. The steel tubes (or those with epoxy coating, painting, or galvanized layer) comply to EN 10255, EN10220, ASTM A53, ASTM A106, ASTM A135, A795 (schedule 10 to 40).

2. The selected combination of tools, ttings and tube is permitted by the Apollo POWERPRESS® Catalog* valid at the time of installation.

3. All other terms of the Limited Warranty, as described in this document have been followed.

content of the limited warranty

Aalberts integrated piping systems warrants, to the initial purchaser of the Apollo POWERPRESS® product range, that such products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material. For Apollo POWERPRESS® valve products, this warranty is for a period of FIVE years from the date of delivery to you, our initial purchaser. Should any failure to conform to these warranties appear within FIVE years after the date of the initial delivery to our initial purchaser, Aalberts integrated piping systems will, upon written noti cation thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Aalberts integrated piping systems’ written instructions and recommendations, as well as standard industry practice, correct such defects by suitable repair or replacement at Aalberts integrated piping systems’ own expense. For Apollo POWERPRESS® Fittings, this warranty is for a period of FIFTEEN years from the date of delivery to you, our initial purchaser. Should any failure to conform to these warranties appear within FIFTEEN years after the date of the initial delivery to our initial purchaser, Aalberts integrated piping systems will, upon written noti cation thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Aalberts integrated piping systems’ written instructions and recommendations, as well as standard industry practice, correct such defects by suitable repair or replacement at Aalberts integrated piping systems’ own expense. Any Apollo POWERPRESS® product which proves to be defective will be replaced or a credit issued, but no incidental labor charges, expenses or damages will be allowed. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute ful llment of all liabilities of Aalberts integrated piping systems to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of Aalberts integrated piping systems that no warranty of any kind, whether expressed or implied shall pass through our initial purchaser to any other person or corporation. LIMITATION OF LIABILITY: AALBERTS INTEGRATED PIPING SYSTEMS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR TO LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF AALBERTS INTEGRATED PIPING SYSTEMS WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. This Limited Warranty and any claims arising from breach of contract, breach of warranty, tort, or any other claim arising from sale or use of Apollo® POWERPRESS products shall be governed and construed under the laws of the State of North Carolina. * It is the end user’s responsibility to con rm that items intended for use satisfy local codes and standards.

requirements of installer

The installer is required to:

1. Check if the application of the products is legal and in accordance with local regulations.

2. Comply with the valid and accepted rules and regulations of installation technique.

3. Take any and all measures necessary in order to mitigate any damage.

4. Immediately notify Aalberts integrated piping systems in writing when the installer discovers or should have discovered any damage that has occurred, by giving a description of the event which contains the customer name, address, the time and a description of the damage.

5. Give Aalberts integrated piping systems the opportunity to, after receiving the noti cation of damage, evaluate the damage itself or to have it appraised by an expert.

6. Send the parts that have caused the damage directly to Aalberts integrated piping systems for further investigation by Aalberts integrated piping systems.

7. If, without written permission by Aalberts integrated piping systems, the installer, end user or any other third party removes, repairs or otherwise inuences or modi es the products, the terms of this Limited Warranty shall not apply.

If any of the above mentioned requirements are not met, Aalberts integrated piping systems is relieved from the terms of this Limited Warranty.

requirements of Aalberts integrated piping systems

Aalberts integrated piping systems is required to inform the installer about the results of the investigation by Aalberts integrated piping systems or by a Aalberts integrated piping systems hired expert. Aalberts integrated piping systems is entitled to repair the damage itself or have it repaired by a third party.

remaining definitions

LIMITATION OF LIABILITY: AALBERTS INTEGRATED PIPING SYSTEMS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR TO LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF AALBERTS INTEGRATED PIPING SYSTEMS WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. This Limited Warranty and any claims arising from breach of contract, breach of warranty, tort, or any other claim arising from sale or use of Apollo®® POWERPRESS products shall be governed and construed under the laws of the State of North Carolina.

terms & condistions of sale

• Payment net 30 days.

• All prices F.O.B. shipping point with freight allowed on shipments of 750 pounds and/or $3,000 net minimum to all shipping points within the United States excluding Alaska and Hawaii. No freight allowed on Air Freight or Parcel Post shipments. Claims for shortages must be made within 10 days of receipt of material. Our responsibility ends when a delivery receipt is furnished us by the carrier.

• No invoice rendered For Less than $50.00.

• No freight will be allowed on Air Freight, Air Express, Parcel Post or U.P.S. shipments.

• All Aalberts integrated piping systems’ products may be combined to make su cient weight for full freight allowance.

• Phone order quoted prices are subject to correction. Prices and designs are subject to change without notice.

• Orders for material of special design or speci cation are made to customer’s order and are not subject to cancellation or return.

• All goods returned to us will not be accepted unless a full explanation has been made and our written authorized permission obtained in advance. All goods returned – if accepted – will be credited at invoice price, less 30% for service and rehandling charges, plus shipping expenses.

• We reserve the right to adjust orders to box quantities.

scope

Subject to the conditions and limitations in this Limited Warranty, Aalberts integrated piping systems Americas, Inc. (‘Aalberts’) warrants that Apollo® SmartPress valves and fittings (collectively ‘Apollo® SmartPress Products’), when properly installed in the approved applications specifically mentioned below, under normal conditions of use, shall be free of defects in workmanship or material for the applicable warranty period identified below. The terms of this Limited Warranty shall only apply when installation is performed in conformance with the Apollo® SmartPress technical documentation (available at aalberts-ips.us). Additionally, Apollo® SmartPress Products must be installed in accordance with applicable codes and standards, sound pipe fitting practices and in accordance with all local, state, provincial or federal requirements. This Limited Warranty shall be applicable to Apollo® SmartPress f ittings for a period of 10 years from the date of delivery to the original purchaser. This Limited Warranty shall be applicable to Apollo® SmartPress valves for a period of 5 years from the date ofdelivery to the original purchaser.

approved applications

Apollo® SmartPress products can be used in the following applications: • potable water installations • heating and cooling installations • compressed air installations • solar Installations • wet and dry sprinkler installations • steam installations • vacuum installations Application approval dependent on suitability of selected product and/or sealing element’s performance characteristics and limitations. It is the designer’s responsibility to select products suitable for the intended purpose and to ensure that pressure ratings and performance data are not exceeded per Apollo® SmartPress technical documentation (available ataalbertsips.us).

compatibility

Aalberts warrants the pressed connection of Apollo® SmartPress Products when pressed under the following conditions: 1. Apollo® SmartPress Products must be installed with schedule 5S or 10S stainless steel pipe (AISI type 304/304L or 316/316L) compliant with ASTM A312 2. the selected combination of tools, fittings, valves, and pipe ispermitted by Apollo SmartPress technical documentation validat the time of installation. 3. all other terms of the Limited Warranty, as described in thisdocument have been followed.

terms of the limited warranty

Aalberts warrants that Apollo® SmartPress Products which are delivered to the initial purchaser will be free of defects in workmanship or material. This warranty is for a period of 10 years from the date of delivery of Apollo® SmartPress fittings to the initial purchaser and is for a period of 5 years from thedate of delivery of Apollo® SmartPress valves. Should any failure to conform to this warranty appear within 10 years for Apollo® SmartPress fittings after the date of the initial deliveryto the initial purchaser or within 5 years for Apollo® SmartPress valves after the date of the initial delivery to the initial purchaser, Aalberts will, upon written notification there of and substantiation by Aalberts of the claimed defect and that the Apollo® SmartPress Products have been properly stored, installed, maintained and operated, correct such defects by suitable repair or replacement of the Apollo® SmartPress Products at Aalberts’ expense, or inssuance of a credit for the purchase price. This Limited Warranty excludes the expense of removing or replacing any defective Apollo® SmartPress Products, or any other any incidental or consequential labor charges, expenses or other damages or loss. this warranty is exclusive and is in lieu of any implied warranty of merchantability, fitness for a particular purpose or other warranty of quality, whether expressed or implied, except thewarranty of title and against patent infringement. Correction of non-conformities, in the manner and for the periodof time provided above, shall constitute fulfillment of all liabilities of Aalberts with respect to the Apollo® SmartPress Products, whether based on contract, negligence, strict tort/ product liability or otherwise.

limitation of liability: Aalberts and any affiliated entity shallnot under any circumstances be liable for special, incidental or consequential damages of any kind such as, but not limited to, damage to or loss of other property or equipment, injury to persons, loss of profits or revenue, cost of capital, cost of replacement goods. the remedies set forth here in are exclusive and the liability of Aalberts and affiliated entities with respect to same shall not exceed the price of the goods upon which suchliability is based. This Limited Warranty and any claims arising from breach of contract, breach of warranty, tort, or any other claim arising from sale or use of Apollo® SmartPress products shall be governed andconstrued under the laws of the State of North Carolina.

requirements of the installer

The installer is required to: 1. confirm that the application of the Apollo® SmartPress Productsis legal and in accordance with local, state, provincial and federal regulations and codes. 2. install all Apollo® SmartPress Products in compliance with the Apollo® SmartPress technical documentation (available ataalberts-ips.us) and in accordance with all applicable codes and standards, sound pipe fitting practices, and local, state, provincial and federal requirements. 3. take any and all measures necessary in order to mitigate any damage. 4. immediately notify Aalberts in writing when the installer discovers or should have discovered any damage that has occurred, by giving a description of the event which contains the customer name, address, the time and a description of thedamage. 5. give Aalberts the opportunity to, after receiving the notificationof damage, evaluate the damage itself or to have it appraised by an expert. 6. send the Apollo® SmartPress Product that have caused the damage directly to Aalberts for further investigation by Aalberts. 7. except to the extent necessary for immediate mitigation of damages, obtain Aalberts’ written permission to remove, repair or otherwise influence or modify the Apollo® SmartPress product. 

All products or services (collectively the “Products”) furnished by seller shall be in accordance with the following terms and conditions unless set forth in a customer master agreement previously executed by and between Seller and Buyer:

1. ACCEPTANCE AND COMPLETE AGREEMENT. Buyer’s order is binding only when accepted in writing at the principal office of Seller. The terms and conditions of sale are only those stated below, which shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written, with respect to the Products sold hereunder (including any made or implied from past dealings) except as expressed herein. No terms and conditions stated in or attached to Buyer’s communications to Seller, including but not limited to Buyer’s purchase orders, the terms of which are hereby rejected, are applicable to these terms and conditions in any way and are not to be considered Buyer’s exceptions to the provisions of these terms and conditions. Trade custom, trade usage and past performance are superseded by these terms and conditions and shall not be used to interpret these terms and conditions.

2. DELIVERY. Delivery dates are estimates only and are not guaranteed. Seller will use every commercially reasonable effort to make shipments as scheduled and may make partial shipments.

3. EXPORTATION. If the Products ordered are to be exported from the United States (US), the quoted shipping dates are subject to receipt of all export documents and authorizations. Regardless of ultimate destination, the prices quoted are based on packing for domestic shipment unless otherwise stated in writing. Buyer agrees to provide Seller in writing with the ultimate destination and identity of the end-user at the time the order is placed if the Products are to be exported. Seller reserves the right to choose the freight forwarder, carrier and/or broker. These commodities, technology or software shall be exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Buyer acknowledges and agrees that it shall be responsible for compliance with any chemical registration or importation requirements of any county into which it seeks to import the Products. Domestic Destinations – The Buyer of items shipping to US destinations is solely responsible for complying with applicable U.S. export laws. Seller shall not be the importer of record and is not responsible for compliance with importation requirements of any country to which the Products are shipped.

4. PRICES. Prices quoted, unless otherwise stated in writing, do not include sales, use, excise or similar taxes or duties. Buyer shall pay these taxes directly if the law permits or will reimburse Seller if it is required to pay them. Buyer will provide tax exemption certificates or evidence of tax payment on request. Unless otherwise stated, prices are valid for sixty (60) days and for the delivery date specified in the quotation. Revisions to the desired delivery date by the Buyer and delays not due to Seller’s negligence may be subject to escalation of prices at Seller’s sole discretion.

5. ORDERS FOR FEDERAL GOVERNMENT CONTRACTS/SUBCONTRACTS. For direct and indirect US Federal government contracts, the Products to be supplied by Seller are “commercial items” and/or “commercially available off-the-shelf (COTS) items” as defined in the Federal Acquisition Regulation (FAR), 48 CFR Part 52.

  • (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer;
  • (ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act;
  • (iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities;
  • (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246);
  • (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212(a));
  • (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793);
  • (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212);
  • (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40;
  • (ix) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g));
  • (x) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note);
  • (xi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40;
  • (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

As used in the referenced FAR clauses “Contract” means these terms and conditions; Contracting Officer” means the U.S. Government Contracting Officer; “Contractor” and “Offeror” means Seller; “Prime Contract” means prime contract between Buyer and the Federal government; and “Subcontract” means any contract placed by Seller or lower-tier subcontracts under these terms and conditions.

(b) Seller will also comply with the following mandatory terms of the Department of Defense FAR Supplement (DFARS) provided the Federal prime contract is identified by Contract Number in the Government Order and the Federal prime contract (i) is for Products that are not commercial items and (ii) contains any of the following four DFARS clauses:

  • (i) 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (10 U.S.C. 2533b);
  • (ii) 252.246-7003 Notification of Potential Safety Issues (Jan 2007);
  • (iii) 252.247-7023 Transportation of Supplies by Sea (10 U.S.C. 2631); and
  • (iv) 252.247-7024 Notification of Transportation of Supplies by Sea (10 U.S.C. 2631).

(c) Any commercial computer software or commercial computer software documentation to be delivered by Seller will be acquired under Seller’s standard commercial licenses customarily provided to the general public.

6. PAYMENT. Standard payment terms are net thirty (30) days from date of invoice. In the event credit has not been established Seller reserves the right to require payment, or the issuance of an irrevocable letter of credit, in advance of shipment. Any amounts not paid when due shall bear a late payment in the amount of 1 ½ % per month or at the highest rate permitted by law (whichever is less), from the date of shipment until paid. Seller reserves a purchase money security interest in each Product shipped, which will be satisfied by payment in full. Seller has the right to file a copy of this document as a financing statement.

7. SOLVENCY. Buyer’s order will be deemed a representation that Buyer is solvent and able to pay for the Products ordered. If Buyer fails to make payments when due or if bankruptcy or insolvency proceedings are instituted by or against Buyer, or if Buyer makes an assignment for the benefit of creditors, Buyer will be deemed to be in default and Seller will have the right to terminate its obligations by written notice to Buyer, but such termination will not affect Buyer’s obligation to pay for Products delivered and works in progress.

8. CANCELLATION. No Products may be returned without prior written approval of Seller. Orders placed with and accepted by Seller may not be canceled except upon Seller’s written consent prior to shipment and Buyer’s acceptance of Seller’s cancellation charges which shall protect Seller against all costs and losses. Seller reserves the right to cancel any sale hereunder in Seller’s sole discretion without liability to Buyer (except for refund of monies already paid).

9. RETURN GOODS POLICY. The request to return material must include the description of material, reason for return, customer order number and/or customer invoice number to enable the request to be processed. No materials may be returned without this information. If and when the request is approved, a Return Authorization form will be completed and include a predetermined number for reference and will advise where the material should be returned. The Return Authorization form will contain a Packing List that must accompany materials when they are returned. Return Authorizations are valid for thirty (30) days only from date of issue. No credit will be issued for returned materials without an approved Return Authorization. Materials being returned due to order entry and/or shipping errors on the part of Seller will be credited at full value providing the materials are returned within thirty (30) days from the date of the original shipment. Credit of the actual price paid will be issued for defective materials only after the material has been inspected and verified by Seller to contain a defect. A 25% restocking charge and/or a $25.00 minimum charge, whichever is greater, will be assessed for inspecting, handling and restocking the material and the total credit will depend upon the resale value of the material. Returned freight will be at the Buyer’s expense. Items purchased for resale by Seller may be returned under the Manufacturer’s terms and conditions only. If the Manufacturer will not accept the materials, credit will not be issued by Seller to the Buyer. Special material orders and made-to-order Products are non-returnable. Credit will not be issued for discontinued items. Items no longer manufactured or items superseded by another model are defined as discontinued. In order to receive consideration for credit, material must be returned less than ninety (90) days from date of original invoice and of reasonable quantities. To receive consideration for credit, material must be in resalable condition. Material that has been approved for return must be packaged in such a way as to prevent damage during shipment. The use of original packaging is preferred. Credit cannot be issued for materials damaged in transit due to improper packaging.

10. MINIMUM ORDER. The Minimum Order Policy is $100.00 per order.

11. MANUFACTURE. Seller reserves the right to discontinue the manufacture of, or change or modify the design and/or construction of the Products sold pursuant to these terms and conditions, without incurring any obligation to Buyer.

12. JURISDICTION AND DISPUTES. These terms and conditions shall be governed in accordance with the law of Arizona. All disputes under these terms and conditions shall be resolved by the state or federal courts of Arizona and the parties all consent to the jurisdiction of such courts, agree to accept service process by mail, and hereby waive any jurisdiction or venue defenses otherwise available.

13. INSPECTION. All Products must be inspected within five (5) calendar days of receipt. If any damage is discovered, a claim must be filed with the carrier. A full report of the damage must be forwarded to Seller so that it can arrange for repair or replacement.

14. TITLE/SHIPPING. Unless otherwise provided on the face hereof, all Products furnished hereunder will be shipped “Ex-Works (EX-W)” INCOTERMS 2010 and title in, risk of loss, and the right of possession to such goods shall pass to the Buyer upon the Seller’s delivery to carrier at Seller’s shipping facility, and Seller is not responsible for damage or loss in transit, regardless of whether or not Buyer may have the right to reject or revoke acceptance of said Products. Seller can arrange for in-transit insurance at Buyer’s expense, but will not do so without Buyer’s written instructions. Unless otherwise stated in contract documents, all goods will be shipped freight prepaid and billed. Charges for shipping may not reflect net transportation cost paid by the Seller. Buyer shall be responsible for all import requirements of any country into which it seeks to import the Products.

15. WARRANTY. Unless otherwise stated in a customer master agreement, Products manufactured by Seller are warranted solely to the original Buyer for eighteen months (18) months from date of shipment or one (1) year from date of installation, whichever is sooner, except SHURJOINT couplings and fittings, for which the warranty period shall by 10 years from the date of shipment, In all cases, this warranty will expire not later than ten (10) years from date of shipment by Seller. against defects in material and workmanship when paid for and properly installed and maintained under normal use and service. Warranty will be immediately voided by substitution of non-Seller provided parts. This warranty specifically excludes a) products or components manufactured by companies not affiliated by ownership with Seller and not bearing Seller’s or its affiliates’ brand name, b) for Products and components that have been subject to normal wear and tear, misuse, improper installation, corrosion, exposed to incompatible chemicals or materials, or c) that have not been installed, maintained, modified or repaired in accordance with applicable Standards of the National Fire Protection Association and/or the standards of any other Authorities Having Jurisdiction. Materials found by Seller to be defective shall be either repaired or replaced, at Seller’s sole option. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of Products or parts of Products. Seller shall not be responsible for system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s representatives. THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This limited warranty sets forth the exclusive remedy for claims based on failure of or defect in Products, materials or components, whether the claim is made in contract, tort, strict liability or any other legal theory. This warranty will apply to the full extent permitted by law. The invalidity, in whole or part, of any portion of this warranty will not affect the remainder.

16. LIMITATION OF LIABILITY. In no event shall Seller be liable, in contract, tort, strict liability or under any other legal theory, for incidental, indirect, special or consequential damages, including but not limited to lost profits and labor charges, regardless of whether Seller was informed about the possibility of such damages, and in no event shall Seller’s liability exceed an amount equal to the sales price.

17. NUCLEAR APPLICATIONS. Unless otherwise agreed in writing by a duly authorized representative of Seller, Products sold hereunder are not intended for use in connection with any nuclear facility or activity. If so used, the provisions of this Rider for Nuclear Applications will apply. If any Products sold hereunder are used in connection with any nuclear facility or activity, Seller and its suppliers shall have no liability to Buyer or its insurers for any nuclear damage or contamination, and Buyer shall indemnify Seller against any such liability, whether as a result of breach of contract, indemnity, warranty, tort (including Seller’s negligence), strict liability or otherwise. The indemnity shall not apply to any damages or bodily injury, or both, arising out of a “nuclear incident”, as that term is defined in the Atomic Energy Act of 1954, as amended (the “Act”). In addition, Buyer shall furnish financial protection as required by Section 170 of the Act, including an agreement of indemnification and/or nuclear liability insurance from ANI and MAELU, or both, pursuant to Section 170 of the Act, as applicable. Buyer shall not remove any items of equipment from the plant site or otherwise transfer any interest therein without first providing Seller with written assurance of limitation of and protection against liability (both nuclear and non-nuclear) following the proposed removal or transfer at least equivalent to that afforded to Seller and its suppliers under Sections 15 and 23 of these General Terms and Conditions of Sale. Removal or transfer contrary to this provision shall, in addition to any other legal or equitable rights of Seller, make Buyer the indemnitor of Seller and its suppliers to the same extent that they would have been protected had no such removal or transfer taken place. Any Seller’s material or equipment which becomes radioactive at the work site, shall, at Seller’s option, be purchased by Buyer. Any nuclear decontamination necessary for Seller’s performance (including warranty) shall be performed by Buyer without cost to Seller.

18. COMPLIANCE WITH LAWS, CODES, AND STANDARDS. Seller represents that the Products will be produced in compliance with applicable fair labor standards laws, occupational safety and health laws, and laws related to nonsegregation and equal employment opportunity. Warranties for design services and the accuracy of any materials list provided by Seller shall be limited only to those codes, standards or specification requirements specifically stated in Seller’s quotation documents or transmittal sheets or accepted change order or revisions and only as in effect at the time of quotation or Seller accepted change revisions. The Contract price, delivery and performance dates and any performance guarantees will be equitably adjusted to reflect additional costs or obligations incurred by Seller resulting from a change in industry specifications, codes, standards, applicable laws or regulations.

19. FAIR DEALING. Seller is committed to prohibiting bribery anywhere in the world, in connection with any kind of business, directly by Seller personnel or through intermediaries or third parties, to government or private individuals. Seller maintains an active program to monitor the activities of third parties with whom it conducts business and will not interact with third parties who engage in improper activities or make improper payments.

20. DRAWINGS. Any drawings submitted herewith are only to show the general style, arrangement, and approximate dimensions of the Products offered. No work is to be based on drawings unless the drawings are certified. In no event will manufacturing or proprietary drawings be supplied.

21. CONFIDENTIALITY. Buyer agrees that all drawings, prints and other technical material which Seller provides to Buyer, whether prepared by Seller or by third parties under contract to Seller, contain data which embody trade secrets and confidential know-how of commercial value to Seller or third parties under contract to Seller. Buyer agrees (a) to keep such information confidential; (b) that it will not disclose such information to any other person, corporate division or entity; (c) will not use such information except in connection with the Products supplied hereunder; and (d) will not sell, lease, loan or permit any other person, corporate division or entity to use such information for any purpose, without Seller’s prior written consent. Nothing herein shall restrict the use of information generally available to the public.

22. INTELLECTUAL PROPERTY. Buyer acknowledges Seller and its affiliates are the owners of brands, trademarks, designs, patents, copyrights and other intellectual property relating to Seller’s Products, and that no right or license is conveyed by Seller to Buyer to manufacture, have manufactured, modify, import or copy such Products. Buyer agrees that it will reference brands of Seller or its affiliates only in connection with the use or sale of Products delivered to Buyer hereunder, and not in connection with the sale of any other Product, except as separately authorized by Seller in writing.

23. PATENT INDEMNITY. If a Product delivered by Seller to Buyer becomes or, in Seller’s opinion, may become the subject of any claim, suit or proceeding for infringement of any patent, Seller may at its option and expense (i) obtain for Buyer the right to use, lease or sell the Product, (ii) replace the Product, (iii) modify the Product, or (iv) remove the Product and refund the purchase price paid by Buyer less a reasonable amount for use, damage or obsolescence. Seller will not be liable for any infringement arising from any modification of a Product, from any combination of a Product with any other product(s), or from the use of a Product in practicing a process or unintended applications. Seller’s total liability to Buyer will not, under any circumstances exceed the purchase price paid for the allegedly infringing Product. Buyer agrees, at its expense, to protect and defend Seller against any claim of patent infringement arising from compliance with Buyer’s designs, specifications or instructions and to hold Seller harmless from damages, costs and expenses attributable to any such claim.

24. INDEMNITY. Buyer agrees to defend, indemnify and hold the Seller (and its agents, representatives, employees, officers, related companies, successors and assigns, and customers) harmless from all claims, demands, actions, damages, and liabilities (including attorney’s fees and consequential and incidental damages) arising out of any injury (including death) to any person or damage to any property in any way connected with any act or omission of Buyer, its agents, employees, or subcontractors.

25. EXCUSABLE DELAYS. Seller shall not be liable nor in breach or default of its obligations under the Contract to the extent performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, terrorism, war (declared or undeclared), epidemics, material shortages, insurrection, acts or omissions of Buyer or Buyer’s suppliers or agents, any act (or omission) by any governmental authority, strikes, labor disputes, transportation shortages, or vendor non-performance. The delivery or performance date shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay. If Seller is delayed by any acts or omissions of Buyer, or by the prerequisite work of Buyer’s other contractors or suppliers, Seller shall be entitled to an equitable price and performance adjustment.

26. WAIVER. No failure to exercise and no delay in exercising on the part of Seller any right, power or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right, power or privilege.

27. VALIDITY OF PROVISIONS. In the event any provision or any part or portion of any provision of these terms and conditions shall be held to be invalid, void or otherwise unenforceable, such holding shall not affect the remaining part or portions of that provision, or any other provision hereof.

28. ELECTRONIC MEDIA. Buyer agrees that Seller may scan, image or otherwise convert these terms and conditions into an electronic format of any nature. Buyer agrees that a copy of these terms and conditions produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation 

Aalberts integrated piping systems warrants, to its initial purchaser only, that its products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material for a period of FIVE years from the date of delivery to you, our initial purchaser. This warranty applies to Apollo brand product with “Made in the USA” markings only.

Should any failure to conform to this warranty appear within FIVE years after the date of the initial delivery to our initial purchaser, Aalberts integrated piping systems will, upon written notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Aalberts integrated piping systems’ recommendations and standard industry practice, correct such defects by suitable repair or replacement at Aalberts integrated piping systems’ own expense.

APOLLO INTERNATIONAL PRODUCTS: Aalberts integrated piping systems warrants its International products, to its initial purchaser only, that its international products which are delivered to this initial purchaser will be of the kind described in the order or price list and will be free of defects in workmanship or material for a period of TWO years from the date of delivery to you, our initial purchaser.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANTY OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Aalberts integrated piping systems to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of Aalberts integrated piping systems that no warranty of any kind, whether expressed or implied shall pass through our initial purchaser to any other person or corporation.

LIMITATION OF LIABILITY: AALBERTS INTEGRATED PIPING SYSTEMS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR TO LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF AALBERTS INTEGRATED PIPING SYSTEMS WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. * It is the end user’s responsibility to confirm that items intended for use satisfy local codes and standards.

TERMS AND CONDITIONS OF SALE

• Payment: Net 30 days.

• All prices F.O.B. shipping point with freight allowed on shipments of $6,000 net minimum to all shipping points within the United States excluding Alaska and Hawaii. No freight allowed on Air Freight or Parcel Post shipments. Claims for shortages must be made within 10 days of receipt of material. Our responsibility ends when a receipt is furnished us by the carrier. • No Invoice Rendered For Less Than $50.00.

• No freight will be allowed on Air Freight, Air Express, Parcel Post or U.P.S. shipments.

• All Aalberts integrated piping systems products may be combined to make sufficient weight for full freight allowance.

• Phone order quoted prices are subject to correction. Prices and designs are subject to change without notice.

• Orders for material or special design or specification are made to customer’s order and are not subject to cancellation or return.

• All goods returned to us will not be accepted unless a full explanation has been made and our written authorized permission obtained in advance. All goods returned – if accepted – will be credited at invoice price, less 30% for service and rehandling charges, plus shipping expenses.

• We reserve the right to adjust orders to box quantities.

*LEAD FREE: The wetted surfaces of this product shall contain no more than 0.25% lead by weighted average. Complies with Federal Public Law 111-380. ANSI 3rd party approved and listed. Aalberts integrated piping systems offers a wide range of Apollo products for potable and non-potable applications. When the use of lead free valves is required by code, specification or legislation, it is the sole responsibility of our customers to ensure that only lead free Apollo products are installed in systems intended for potable water service. Further information related to our product offering and the U.S. Safe Drinking Water Act (SDWA) is available at

** Any imported products will be clearly identified as “Apollo InternationalTM” or “Aalberts integrated piping systemsTM International”.