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HomeMy WebLinkAboutWQCS00177_Remission Request_20181107 Town of Newport Dennis Barber,Mayor Angela Christian Charles Shinn,Mayor Pro Tem ���p�O FASyl0�o Town Manager Council Members o�� G�� Taylor&Taylor David Heath 14., < Town Attorney Mark Eadie �w� Danny Fornes 18 66 Maryellen Brown Bob Benedict • " `,'e4, • Town Clerk/Tax Collector a n y "^V. P. 0. 000 869 1'O RI, (252)223-4749 Newport, WC 28570 (252)223-5382 fax November 27, 2018 Wastewater Branch REDEIVEDTht i /®VVR Division of Water Resources 1617 Mail Service Center NOV 2� 201 Raleigh,NC 27699-1617 Water Resource8s Subject: Remission Request Rermitin9 Section Case No. PC-2018-0028 Town of Newport Newport Collection System Carteret County Dear Wastewater Branch: The Town of Newport has received the NOV and Assessment of Civil Penalty dated October 29, 2018,We acknowledge some deficiencies on the Town's part, however we believe that the severity of the violations do not warrant the full civil penalties imposed. Over the course of the permit period, the staff tried to maintain compliance with all conditions. Unfortunately, over the past couple of years, there have been many challenges to the operations of the department and 7 staff members. These challenges include turnover in four of the utility staff positions, office relocation, system problems and multiple storm related events. Hiring and training new staff has meant that there were extended times when we were understaffed and unable to meet all the operational guidelines due to training efforts. To maintain basic operations, management staff have to fill in operator slots which means less available time for all other efforts. We would like to offer the following comments regarding the conditions upon which the civil penalty assessments were based: • The noted deficiency states that "Overall recordkeeping/documentation needs improvement or kept orderly in any manner." As stated earlier, in relocating from one administrative building to another, paperwork became disorganized. Of the records required by the permit conditions, the specific one(s) that were deficient were not noted in the NOV. The utility staff is working to consolidate all required documentation to a central area. In addition, the staff is using the logs on the NC PERCS website to improve our recordkeeping ability. A review of prior compliance inspection reports does show that the Town had previously been in compliance with permit recordkeeping. • The noted deficiency is a failure to clean 10%of our collection system. At our last inspection, we were compliant. During 2017 and 2018 the sewer jetter was inoperable for a significant amount of time. The Town has spent approximately$21,452 for repairs which was transported to South Carolina;coupled with turnover of staff trained to operate the equipment, all the collection system cleanup was not complete. Staff is making substantial efforts to meet our collection system maintenance schedule by doing over 4,000 feet per month. • The noted deficiency was that Town did not have "a complete map of its system ..." The Town does have a collection system map which shows the location of the sewer lines, manholes and pump stations, but not the other items listed in the requirements. There was a compliant collection system map available earlier which was on the Town's GIS system. The server became corrupted and the data was lost. The map will have to be redone. The Town has purchased GIS location equipment and mapping software and will be mapping the collection system per permit requirements. The Town will also work with an engineering firm as necessary to complete the map. Again, previous collection system inspection compliance reports show that the Town did have a map that meet all permit conditions. In our most recent Collection System Permit renewal package, dated February 20, 2018, we included a copy of the map and stated that we would be working on an updated map. The Town staff has worked hard to maintain compliance with the collection system permit despite the challenges. The Town has spent over $21,000 in repairs to the sewer jetter in the past 18 months and we have made efforts to address the noted deficiencies. We feel that incurring civil penalties will impact any future repairs or expenditures needed for compliance. Staff request your reconsideration of assessment of civil penalties for the NOVs. Sincerely, Mayor Dennis Barber, Mayor Town of Newport Cc: Town Manager/Deputy Utility Director STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CARTERET IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Town of Newport ) Newport Collection System ) ) PERMIT NO. WQCS00177 ) CASE NO. PC-2018-0028 Having been assessed civil penalties totaling$3,137 75 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 29, 2018,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the 6144,e--i4.a. day of Z ,20 /8 SIGNATURE ADDRESS ?0. .S01 I S Co' TELEPHONE , , JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2018-0028 County: Carteret Assessed Party: Town of Newport Permit No.: WQCS00177 Amount Assessed: $3,137 75 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282 1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282 1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i e, explain the steps that you took to correct the violation and prevent future occurrences), K (c) the violation was inadvertent or a result of an accident(i e, explain why the violation was unavoidable or something you could not prevent or prepare for), (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i e, explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance) EXPLANATION: s TI-EPN Invoice ACTE COMPANY _ Date Invoke# 8/22/2016 531 Please remit payment to: P.O. BOX 75054 Charlotte,NC 28275-0054 Ship To TOWN OF NEWPORT ATTN:BERNIE Bill To 160 KIRBY LANE NEWPORT,NC 28570 TOWN OF NEWPORT P.O.BOX 1869 NEWPORT,NC 28570 ATTN:ACCOUNTING P.O. Number Terms Rep 1708 NET 30 DAYS Quantity , Item Code Description Price Each Amount 16 LABOR LABOR VAC-CON S/N-11095465 110.00 1,760.00T LABOR TO REEMOVE AND INSTALL THE FAULTY HYSTAT PUMP ON THE FRONT OF THE UNIT.VAC-CON UNIT WAS OUTFI ITED WITH THE RETRO FIT FOR THE REXROTH HYSTAT PUMP AND TRUCK WAS REPROGRAMMED AT INTERNATION TO RUN AT A LOWER RPM IN WORK MODE. 1 670-7049 HYDROSTATIC PUMP 9,534.49 9,534.49T 1 711-3526 HYDROSTATIC PUMP SHEAVE P 417.39 417.39T., 1 640-0020 POWERBAND 2GR/5VX500 87.07 87 07T 1 MISC Misc Oil and Seals 250.00 250.00T SHOP SUPPLIES SHOP SUPPLIES 25 00 25.00T 10 LABOR LABOR TO REPAIR THE INTERMITTEN ISSUE WITH 110.00 1,100.00T THE HYDRAULICS STOPPING WHILE IN WORK MODE. SOUTHERN VAC TECH TROUBLSHOT AND FOUND A FAULTY CONTROL FOR THE OMNI BUS SYSTEM ON THEE MACHINE.REPLACED THE CONTROLER AND REPROGRAMMED THE UNIT.ALL IS IN WORKING ORDER AND MACHINE WAS TESTED FOR MULTIPLE HOURS AT NO COST TO THE CUSTOMER TO ENSURE THE REPAIR WAS AFFECTIVE. 1 MISC INTERNATIONAL CHARGE FOR REPROGRAMMING 156.00 156.00T THE WORK MODE RPM FOR THE REXROTH PUMP. Total Balance Due CTE will notify and receive pre-authorization from customer prior to using any rebuilt product. CTE disclaims and customer waives and otherwise releases CTE from,all liability attributable to the use of rebuilt or remanufactured parts. In addition to the foregoing,CTE has no liability of any kind or nature in respect of the products it sells or services it preforms unless customer notifies CTE of its claim within 90 days of the delivery or installation of the product or the date of the services it performs. Page 1 sopi,k uTEEpN invoice ?� ACIE COMPANY Date Invoice# 8/22/2016 531 Please remit payment to: P.O. BOX 75054 Charlotte,NC 28275-0054 Ship To TOWN OF NEWPORT ATTN:BERNIE Bill To 160 KIRBY LANE NEWPORT,NC 28570 TOWN OF NEWPORT P.O.BOX 1869 NEWPORT,NC 28570 ATTN:A000UNTING P.O. Number Terms Rep 1708 NET 30 DAYS Quantity Item Code Description Price Each Amount Sales Tax 899 77 Total $14,229.72 Balance Due $14,229.72 DISCLAIMER OF WARRANTIES: The only warranties on the equipment,parts and other products sold hereby are those offered by the manufacturer Carolina Tractor&Equipment(CTE)hereby expressly disclaims,and customer hereby waives and otherwise releases CTE form,all warranties,either expressed or implied. Including all implied warranties of merchantability or fitness for a particular purpose and neither assures nor authorizes any other person to assume for it,nor does it otherwise have,any liability in connection with the sale of said products. Neither customer,nor any other person,is entitled to recover from CTE any punitive or exemplary damages nor any consequential damages to property,damages for loss of use,loss of time,loss of profits or income or any other incidental damages with respect to,or caused by,the products sold or leased,or services by CTE CTE will notify and receive pre-authorization from customer prior to using any rebuilt product. CTE disclaims and customer waives and otherwise releases CTE from,all liability attributable to the use of rebuilt or remanufactured parts. In addition to the foregoing,CTE has no liability of any kind or nature in respect of the products it sells or services it preforms unless customer notifies CTE of its claim within 90 days of the delivery or installation of the product or the date of the services it performs. Page 2 S n11•N Questions? (888) 856-3556 Invoice PO Box 1095 Charlotte,NC 28201-1095 Date 03/27/2018 Invoice# WKC00000781 Customer Account#: 931604 Customer Order# SCOTTIE 03/27 Payment Due By 04/10/2018 PAY THIS AMOUNT $812.50 Bill to. TOWN OF NEWPORT PO BOX 1869 NEWPORT NC 28570 Ship to NEWPORT 200 HOWARD BLVD,NEWPORT,NC Thank you for your business. 28570 Machine ID# Meter Reading Equipment Number Store GL Make Model Serial Number Work Order# Sales Contact Name VC 11095465 WL00946 Part# Description Qty Unit Price Line Total TROUBLESHOOT MACHINE COMPLAINT:FRONT BELT LOOSE CAUSE:BOLTS SLIPPED CORRECTION:TIGHTENED UP THE FRONT BELT THEN PERFORMED A TEST TO VERIFY ISSUE WAS RESOLVED, THEN PERFORMED AN OVERALL TEST OF THE UNIT AND FOUND LITTLE ISSUES THAT NEED TO BE ADDRESSED, TOTAL LABOR SEG. 01 250.00 * SEGMENT 01 TOTAL 250.00 T TRAVEL TO / FROM MACHINE TOTAL LABOR SEG. 99 562.50 * SEGMENT 99 TOTAL 562.50 T PLEASE REMIT PAYMENT TO: Subtotal 812.50 P 0 Box 75054, Charlotte NC 28275-0054 0.00 TERMS: 0.00 Machinery-Net Cash, Rental-Due Upon Receipt; Parts&Service-Net 10th Prox 0.00 A 1.5%service charge per month will be assessed on all past due amounts. TSP Tax 0.00 0.00 GO PAPERLESS!To receive your invoices and statements electronically, view account activity PAY THIS AMOUNT $812.50 and to pay your invoices online please visit www southern-vac corn DISCLAIMER OF WARRANTIES The only warranties on the equipment,parts and other products sold hereby are those offered by the manufacturer •Invoice dispute claims must be made within Carolina Tractor&Equipment Company(CTE)hereby expressly disclaims,and customer hereby waives and otherwise fifteen(15)days releases CTE from,all warranties,either expressed or implied,including all implied warranties of merchantability or fitness for a particular purpose and neither assures nor authonzes any other person to assume for it,nor does it •No credit allowed on parts returned unless otherwise have,any liability in connection with the sale of said products Neither customer,nor any other person,is invoice number is furnished entitled to recover from CTE any punitive or exemplary damages nor any consequential damages to property,damages •Claims for shortages must be made within for loss of use,loss of time,loss of profits or income or any other incidental damages with respect to,or caused by,the 9 products sold or leased,or services by CTE ten(10)days CTE will notify and recieve pre-authonzation from customerpnor to using any rebuilt product CTE disclaims and •No cash discounts customer waives and otherwise releases CTE from,all liability attnbutable to the use of rebuilt or remanufactured parts .Returns subject to handlingcharges In addition to the foregoing,CTE has no liability of any kind or nature in respect of the products it sells or services it g performs unless customer notifies CTE of its claim within 90 days of the delivery or installation of the product or the date • Electrical parts are NON RETURNABLE of the services it performs *NON RETURNABLE ITEM Page 1 of 1 S ! TEEPN .� . Questions. (888) 856-3556 Invoice PO Box 1095 Charlotte,NC 28201-1095 Date. 04/30/2018 Invoice#. WKC00000850 Customer Account#: 931604 Customer Order#. QUOTE#133800 Payment Due By: 05/10/2018 PAY THIS AMOUNT $3,000.32 Bill to TOWN OF NEWPORT PO BOX 1869 NEWPORT NC 28570 Ship to 200 HOWARD BLVD NEWPORT,NC 28570 Thank you for your business. Machine ID# Meter Reading Equipment Number Store GL Make Model Serial Number Work Order# Sales Contact Name_ VC 11095465 WL01027 Part# Description Qty Unit Price Line Total TROUBLESHOOT MACHINE COMPLAINT:CUSTOMER REQUEST CAUSE:CHANGED ALL SERVICABLE FILTERS, AS WELL AS GREASED THE UNIT CORRECTION: ADDED ALL QUOTED PM FILTERS AND GREASED UNIT. ADDED HYDRAULIC OIL. INVOICE TO QUOTE VARIANCE IS DUE TO THE ADDITIONAL PUMP OFF MOTOR THAT WAS ADDED AFTER THE QUOTE WAS ISSUED. 624-0050 MOTOR - FOR COOLERS 1 423.74 423.74 650-1249 SPIN-ON OIL FILTERS 1 28.00 28.00 650-1250 OUTER A/F ELEMENT S 1 50.49 50.49 650-1251 INNER A/F ELEMENT S 1 43.48 43.48 650-1538 FUEL PREFILTER CANS 1 202.38 202.38 650-1539 FUEL FILTER/SPIN OS 2 100.25 200.50 662-0006 BALL VALVE 3/4" 30S 1 115.69 115.69 662-0205 BALL VALVE 1" W/CS 1 178.03 178.03 690-0126 LATCH - MOD LESS HS 1 87.18 87.18 TOTAL PARTS SEG. 01 1329.49 * TOTAL LABOR SEG. 01 339.00 * 0 HYDRAULIC OIL 1.0 105.00 TOTAL MISC CHGS SEG. 01 105.00 * SEGMENT 01 TOTAL 1773.49 T Page 1 of 2 S ! TFER yAC• ._.�,.R,Cow.„, Questions? (888) 856-3556 Invoice PO Box 1095 Charlotte,NC 28201-1095 Date 04/30/2018 Invoice# WKC00000850 Customer Account#: 931604 Customer Order# QUOTE#133800 Payment Due By 05/10/2018 PAY THIS AMOUNT $3,000.32 Bill to' TOWN OF NEWPORT PO BOX 1869 NEWPORT NC 28570 Ship to 200 HOWARD BLVD NEWPORT,NC 28570 Thank you for your business. Machine ID# Meter Reading Equipment Number Store GL Make Model Serial Number Work Order# Sales Contact Name VC11095465 WL01027 _ ___ Part# Description Qty Unit Price Line Total TRAVEL TO / FROM MACHINE F/R LBR 1130.00 * SEGMENT 99 TOTAL 1130.00 T PLEASE REMIT PAYMENT TO: Subtotal 2,903.49 P 0 Box 75054, Charlotte NC 28275-0054 0.00 TERMS: NC Sales Tax 68.14 Machinery-Net Cash, Rental-Due Upon Receipt, Parts&Service-Net 10th Prox Carteret Cty Tax NC 28.69 A 1 5%service charge per month will be assessed on all past due amounts TSP Tax 0.00 0.00 GO PAPERLESSI To receive your invoices and statements electronically, view account activity PAY THIS AMOUNT $3,000.32 and to pay your invoices online please visit www southern-vac com DISCLAIMER OF WARRANTIES The only warranties on the equipment,parts and other products sold hereby are those offered by the manufacturer •Invoice dispute claims must be made within Carolina Tractor&Equipment Company(CTE)hereby expressly disclaims,and customer hereby waives and otherwise fifteen(15)days releases CTE from,all warranties,either expressed or implied,including all implied warranties of merchantability or fitness fora particular purpose and neither assures nor authonzes any other person to assume for it,nor does it •No credit allowed on parts returned unless otherwise have,any liability in connection with the sale of said products Neither customer,nor any other person,is invoice number is furnished entitled to recover from CTE any punitive or exemplary damages nor any consequential damages to property,damages •Claims for shortages must be made within for loss of use,loss of time,loss of profits or income or any other incidental damages with respect to,or caused by,the g products sold or leased,or services by CTE ten(10)days CTE will notify and recieve pre-authonzation from customer pnor to using any rebuilt product CTE disclaims and •No cash discounts customer waives and otherwise releases CTE from,all liability attnbutable to the use of rebuilt or remanufactured parts Returns subject to handlingcharges addition to the foregoing,CTE has no liability of any kind or nature in respect of the products it sells or services it • ) performs unless customer notifies CTE of its claim within 90 days of the delivery or installation of the product or the date • Electrical parts are NON RETURNABLE of the services it performs *NON RETURNABLE ITEM Page 2 of 2 AE '`'� ' Questions? (888) 856-3556 Invoice PO Box 1095 Charlotte,NC 25201-1095 Date: 05/02/2017 Invoice#: PKC00000971 Customer Account#: _ , 931604 Customer Order#: 'BERNIE HALL VERBAL Payment Due By. 06/10/2017 PAY THIS AMOUNT _ $1,467.28 Bill to , TOWN OF NEWPORT PO BOX 1869 NEWPORT NC 28570 - Ship'to. 1Z28430R0390317847 1Z28430R0390196639 Thank you for yourbusiness. 1Z28430R0391257026 :Machine,ID# , Meter R adifty ` Equipment Number Store . , ` - GL -` Make - . • Model- ,-Serial Number ,I, , Work Order#, -, " - - Sales Contact Name - 1, , . ' :ZZ' __K000 - _ K0000 . GLC000834 DAVEY,RICHARD E Part#_, Description Qty Unit Price Line Total 680-0001 *HOSE, KANAFLEX, B" S 10 54.44 544.40 680-0001 *HOSE, KANAFLEX, 8" S 6 54.44 326.64 „c,99—0016 CLAMP 8" POWERLOCK S 4 55.65 222.60 TOTAL PARTS 1093.64 T FRT IN UPS 1 280.86 TOTAL MISC CHARGES 280.86 T FROM INVENTORY PLEASE REMIT PAYMENT TO: Subtotal 1,374.50 P.0,Box 75054,Charlotte NC 28275-0054 NC Sales Tax 65.29 TERMS: Carteret Cty Tax NC _ 27.49 Machinery-Net Cash, Rental-Due Upon Receipt; Parts&Service-Net 10th Prox TSP Tax0.00- A 1.5%service charge per month will be assessed on all past due amounts. Gross Rec Tax . 0.00 PAY THIS AMOUNT _ - _ $1.467.28 Gtr P..AP RLESS1'T0•i ceMiy0u'`cin/aides artd stetemdnts electronically,,view aeottntaclivity, , and,,to'pay your Involves online.please visit•wvJw,southern uec,corr! D1SCLAIM)rROF WARRANTIES The Ontywarrantteaont+ ono os proauds"sold herebyeteppeo*feratibythe inarsdeowIer.- •Invoice dispute claims must be made within Carolina:Traclor.& c�ps C § (C16}Wetly r xags"y,disde1Ins t atelomer-,2�ere�y waives er a Pmery se fifteen 15 days releases CFE true dl es:etlhompres8ed orlro(ged,, using wi Welled werreaat*of march etieh Gt ter fifteen(15) y Meese faep�, sndae essu+ose rawhortoasmtyothee s�saz+sawr(etara,Oardoesd, , •No credit allowed on parts returned unless aut ehie 0;� ncoahatt**wpiththetelealsakiprar te,NW Oustomiu„nortekothsrp u,,is invoice number is furnished an1glsdiolcecaver CTYE005,PullitvePr It ,dery rwra4,0 0alq(tmgest°PAVed1044/ s •Claims for shortages must bemade within ofutyrassoftIn*foasofpmr�tsor Woe any *sidereal damages vdtttt wctle,orcausedby, ten(10)days Vaaltd iptsegiceaevtaa i -;',,,;,,,,-0=, amt#ectdvdpra� uantrast'aw�agiatpsi�r"lo us angxd}�itprgduct:�:,Tt;rkerloilii35�s'rt; •No cash discounts iomnrvesargiM octets 04-CTE NM.all attrIbut t:4tousapseare liar nsrwtztst+ucrdpmes. •Reterns subject to handling charges to addllon to the fate9aet9,CMilas rrp flaiA1y ONO#i� f rtet el 10014'04s 1tsefl6 or t tokieea it, *loans unless customer nagfies,PTEorlisculivvi lhn'!rsatl,"ortim�erir tatlatioaptthepro=&thedale • Electrical parts are NON RETURNABLE orthe set sItpederas; ' `NON RETURNABLE ITEM Page 1 of 1 w : t,,.,pd*�. rA"... �P�, '-�#4,;��iP,�ta*fie L.....«......,.,....4�..._..-.....<.._...,...,.,..u...dwYJ,.......a....«z:«, ...r.,...F..«..-.....,......_-..._...,.....,_.2_.s»�..a......._._—.. - .-....2.-........_...-. .-....:__.w.."a.62..I..—w...«.d...... ...,.:u,........uW”,J,,.......K... .,s .a`�ta. - TFEPN Questions? (888) 856-3556 Invoice PO Box 1095 Charlotte,NC 28201-1095 Date 07/18/2018 Invoice# PKC00002384 Customer Account#: 931604 Customer Order#' BERNIE VERBAL Payment Due By' 08/10/2018 PAY THIS AMOUNT $1,941.75 Bill to. TOWN OF NEWPORT PO BOX 1869 NEWPORT NC 28570 Ship to Thank you for your business. Machine ID# Meter Reading Equipment Number Store GL Make Model Serial Number Work Order# Sales Contact Name ZZ K000 K0000 GLC002372 GILBERT,DREW J Part# Description Qty Unit Price Line Total 631-0666 JOYSTICKASSY N 1 1,797.15 1,797.15 TOTAL PARTS 1797.15 T FRT OUT UPS 1 21.82 TOTAL MISC CHARGES 21.82 T SVAC PO#006461 NON STOCK APPROVAL: BERNIE HALL PLEASE REMIT PAYMENT TO: Subtotal 1,818.97 P 0 Box 75054, Charlotte NC 28275-0054 0.00 TERMS: NC Sales Tax 86.40 Machinery-Net Cash; Rental-Due Upon Receipt, Parts&Service-Net 10th Prox Carteret Cty Tax NC 36.38 A 1 5%service charge per month will be assessed on all past due amounts TSP Tax 0.00 0.00 GO PAPERLESSI To receive your invoices and statements electronically, view account activity PAY THIS AMOUNT $1,941.75 and to pay your invoices online please visit www southern-vac corn DISCLAIMER OF WARRANTIES The only warranties on the equipment,parts and other products sold hereby are those offered by the manufacturer •Invoice dispute claims must be made within Carolina Tractor&Equipment Company(CTE)hereby expressly disclaims,and customer hereby waives and otherwise releases CTE from,all warranties,either expressed or implied,including all implied warranties of merchantability or fifteen(15)days fitness for a particular purpose and neither assures nor authonzes any other person to assume for it,nor does it •No credit allowed on parts returned unless otherwise have,any liability in connection with the sale of said products Neither customer,nor any other person,Is invoice number is furnished entitled to recover from CTE any punitive or exemplary damages nor any consequential damages to property,damages •Claims for shortages must be made within for loss of use,loss of time,loss of profits or income or any other incidental damages with respect to,or caused by,the g products sold or leased,or services by CTE ten(10)days CTE will notify and recieve pre-authorization from customer pnor to using any rebuilt product CTE disclaims and •No cash discounts customer waives and otherwise releases CTE from,all liability attnbutable to the use of rebuilt or remanufactured parts •Returns subject to handlingcharges addition to the foregoing,CTE has no liability of any kind or nature in respect of the products it sells or services it performs unless customer notifies CTE of its claim within 90 days of the delivery or installation of the product or the date • Electrical parts are NON RETURNABLE of the services it performs *NON RETURNABLE ITEM Page 1 of 1