GENERAL TERMS AND CONDITIONS

(June 10, 2011)
All sales of equipment offered and sold by Sage Metering, Inc. (hereinafter called “SAGE”) shall be subject to the following General Terms and Conditions which shall be deemed incorporated into all orders and offers to purchase submitted to SAGE for acceptance and into all of Sage’s acceptances and contracts for sale.

1. EXCLUSION ON WARRANTIES

NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, MADE BY ANY DISTRIBUTOR, SALES REPRESENTATIVE, OR FIELD AGENT OF SAGE, SHALL BE BINDING ON SAGE UNLESS SPECIFICALLY SET FORTH HEREIN.

2. WARRANTY

SAGE makes the following limited warranty: SAGE’s products are warranted against faulty materials or workmanship for one year from the date of shipment from the factory. SAGE’s obligation is limited to repair, or at its sole option, replacement of products and components which, upon verification by SAGE at the SAGE manufacturing headquarters in Monterey, California, 93940, prove to be defective. SAGE shall not be liable for installation charges, for expenses of Buyer for repairs or replacement, for damages from delay or loss of use, or other indirect or consequential damages of any kind. This warranty is extended only to SAGE products properly used and properly installed for the specific application for which intended and quoted; and does not cover corrosion; and does not cover water damage due to improper use of cord grips or removal of protective caps; and does not cover SAGE products which have been altered without SAGE authorization, or which have been subjected to unusual physical or electrical stress. SAGE makes no other warranty, express or implied, and assumes no liability that goods sold to any purchaser are fit for any particular purpose.

3. RMA #

No items will be returned for warranty repair without prior authorization from SAGE, and a Return Material Authorization Number (RMA #) must be obtained prior to returning any equipment to Sage Metering for any reason. RMA #s may be obtained by calling Sage Metering at 866-677-7243 or 831-242-2030 between 8:00 AM and 5:00 PM PST Monday through Friday. A Sage RMA Form (available within any SAGE Operations and Instruction Manual, or within SAGE website, www.sagemetering.com, under “Contacts” Tab) must be filled out and included with the meter being returned to Sage Metering. NOTE: Exercise caution in returning Sage instrumentation. You must take special care when packaging your meter for return to the factory, especially Insertion Style meters. The sensor in particular may easily be damaged if not prevented from shifting around within the package, and if the sensor itself is not covered (with PVC or other protective method) in order to keep it from contacting other package contents. Any damage resulting from improper packaging is the responsibility of the shipper, and costs will be incurred to repair the damage.

4. TRANSPORTATION

Transportation charges for materials shipped to the factory for warranty repair are to be paid by the shipper. SAGE will return items repaired or replaced under warranty prepaid. Note, in the case of International returns, any special payment arrangements for the shipment must be approved in writing by the Sage International Manager prior to shipping the materials.

In accordance with the “Right to Know Act” and applicable US Department of Transportation (DOT) regulations, SAGE WILL NOT ACCEPT DELIVERY OF EQUIPMENT THAT HAS BEEN CONTAMINATED (see “Warranties & Service Work” in any Sage Instruction Manual for further details on cleaning and decontamination) without written evidence of
decontamination, and has instituted the following Return/Repair conditions. Strict adherence to these conditions is required. Returned equipment that does not conform to the requirements listed below will not be processed. If Sage Metering finds evidence of contamination, we may, at our option, have the unit returned at your expense. For your reference, the requirements for packaging and labeling hazardous substances are listed in DOT regulations 49 CFR 172, 178, and 179.

5. LIMITATONS ON WARRANTY

If after inspection of the returned equipment, SAGE determines that the defect is a result of damage, misuse, mishandling, installation, abnormal conditions of storage or operation, unauthorized repair or modification, or due to the Buyer’s failure to install, maintain or operate the equipment in compliance with the written
instructions, all expenses incurred by SAGE in connection with the replacement or repair of the equipment shall be for the account of the Buyer. There will be a minimum Service Charge for inspecting the product and determining the defect of $150. Any additional charges necessary to repair the product will be quoted to Buyer, and must be authorized by Buyer before SAGE will proceed with repair. Once an evaluation is completed and a quote has been issued, Buyer can choose to proceed with the work or have the unit returned with only the evaluation and freight fee billed to the Buyer.

The validity, performance and interpretation of the limited warranty shall be governed by the internal laws (and not the laws of conflicts) of the State of California. All disputes arising in connection with the limited warranty shall be resolved, if not sooner settled, by a court of competent jurisdiction located in Monterey County, California, 93940, USA.