FIVE STAR GAS AND GEAR, LLC WARRANTIES:

1.  Any new product manufactured by a third party (including gases) that is sold by Five Star Gas and Gear ("Company") to you ("Purchaser") is limited to the original producer's or manufacture's customer product warranty.
2.  Company warrants to Purchaser that new products manufactured by Company, and all services furnished by Company, are free from defects in material and workmanship for the following periods:

NEW PRODUCTS
One (1) year from the date of sale.

NEW PRODUCT INSTALLATION, REPAIR AND MAINTENANCE SERVICES
Thirty (30) days from completion of the services.

3.  Company shall correct any such defects which may arise either by repairing, replacing or issuing credit for the defect, at its sole discretion; provided Purchaser notifies Company promptly in writing of such defect.

4.  All sales of, or services provided by Company, on "USED" products, whether manufactured by Company or by a third party, are sold "AS IS" and without warranty unless specifically provided otherwise on the face of the order.
 
5.  Liability of Company to Purchaser arising out of the supply of said products, services, or their use; whether on warranties, contract, negligence or otherwise, shall not in any case exceed the cost of correcting such defects in the products or services provided.
 
6.  Damages resulting from purchaser's fault, negligence, or improper use of any product is excluded from this warranty.  Upon expiration of the warranty period, Company is released from any further liability.  In no event will Company be liable for any additional consequential or special damages.

THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WARRANTY OF MECHANTABILITY AND FITNESS FOR PURPOSE.

MECHANIC'S LIEN NOTICE

Under the mechanic's lien law, any contractor, subcontractor, laborer, supplier or other person who helps improve your property but is not paid for his work or supplies has a right to enforce a claim against your property.  This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness.  This can happen even if you have paid your contractor in full, if the subcontractor, labor, or supplier remains unpaid.

DELIVERY

Shipping dates are approximate and are based upon ^ receipt of all necessary information from Purchaser.  Company will notify Purchaser promptly of any material delay and will specify the revised delivery date as soon as possible.

PAYMENTS

Payments shall become due (without set-off) upon delivery.  All sales are net cash.  If delivery is delayed by Purchaser, payments shall be due on the date when Company is prepared to make delivery.

CREDIT TERMS

All amounts owed for material or equipment sold or rented on account are payable thirty (30) days following delivery.  A CREDIT CHARGE at a rate of 1 ˝ % per month (an annual rate of 18%) will be charged from the time account becomes past due.  Upon default by Purchaser of any of the terms of this agreement, all accounts shall be payable immediately and all equipment loaned or rented to the Purchaser shall be returned promptly upon demand by Company.

SALES AND SIMILAR TAXES

Company's prices do not include sales value-added excise or similar taxes.  Consequently, in addition to the price specified herein, the amount of any present or future sales, use, value-added, excise or other similar tax applicable to the sale or use of equipment sold hereunder shall be paid by Purchaser, or in lieu thereof the Purchaser shall provide Company with a tax exemption certificate acceptable to the taxing authorities.

CANCLELATION

This order may be cancelled by Purchaser only by written notice and upon payment to Company of cancellation charges, which shall take into account, among other things, expenses incurred and the commitment already made by the Company.

SUPPLY OF CYLINDERS

REFILLING OF CYLINDERS IS EXPRESSLY PROHIBITED

All cylinders and fittings of gas loaned, leased or rented to Purchaser remains the property of Company.  Said Properties should not be removed from the purchasing facilities, except for refills, without the express written permission of Company.  When empty, Purchaser shall return each cylinder to Company from which it was shipped, or no later than ninety (90) days after its delivery to Purchaser, which ever comes first.

In the event of damage to, or loss of, any cylinders or fittings due to any cause whatsoever occurring after delivery to Purchaser and before return to Company, ^ Purchaser shall be liable for and shall promptly pay to Company the full cost of replacement of said cylinders and/or fittings. 

In the event of Purchaser's failure to promptly return or pay any monies due on any cylinder, for any reason, without written consent of Company, all cylinders in the Purchaser's possession shall be immediately returnable on demand of the Company.  In addition to all of its other rights and remedies under law, Company shall have the right to repossess said cylinders without legal action, and to bring suit for any balance due to Company after such repossession ^.

LIMITATION OF LIABILITY AND INDEMNITIES

If no event, whether as a result of breach of contract, warranty or tort (including negligence), shall Company or its suppliers be liable for any consequential or incidental damage including, but not limited to; loss of profit or revenues; loss of use of products or any associated equipment; damage to associated equipment; cost of capital; cost of substitute products, facilities, service or replacement power; down time cost or claims of Purchaser's customers for such damages if Purchaser transfers title to or leases the products sold hereunder to any third party. Purchaser shall obtain from such third party provision affording the company and its suppliers the protection of the preceding sentence.

The Company's liability on any claim of any kind (including negligence) for any loss or damage arising out of, or resulting from this agreement; or from the performance or breach thereof; or from the products or services furnished hereunder; shall in no case exceed the price of the specific product or service which gives rise to the claim.  Except as to title, any such liability shall terminate upon the expiration of the warranty period specified in the article entitled "Warranties". 

If Company, without separate compensation there for, furnishes Purchaser with advice or other assistance concerning any product supplied hereunder or any system of equipment in which any such product may be installed which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject the Company to any liability whether in contract, warranty, tort (including negligence) or otherwise.

COST AND FEES

The customer expressly agrees to pay all cost of collection of accounts and repossession of equipment, and in the event the services of an attorney are employed to enforce any obligations of Customer hereunder, to pay in addition reasonable attorney's fees, (whether or not it is necessary to file an action in court) and, in the event an action is instituted, shall pay all court costs and reasonable attorney's fees.

The validity, performance and all matters relating to the interpretation and effect of this agreement and any amendment hereto shall be governed by the law of the state of California, Nevada, and Arizona.

TRANSPORTATION OF HAZARDOUS MATERIALS
(Sec. 32000.5 Motor carrier Section 2/1/82)

 In the absence of a valid license, transportation of any amount of hazardous materials for which the display of placards is required, or over 500 lbs. of such material by a retailer, wholesaler, distributor, manufacturer, refiner or commercial motor carrier is a violation of the laws and regulations of the State of California.

RETURN OF MERCHANDISE POLICY

1. No refunds or credit without written receipt.
2. 20% minimum restocking charge.
3. Special order items are not refundable.
4. Seller has sole option of not accepting merchandise after 10 days after date of sale.
5. No material accepted for return without prior authorization.

FIVE STAR GAS AND GEAR IS A EQUAL OPPORTUNITY EMPLOYER