425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 

May 22, 2013 

LHOIST NORTH AMERICA 

Hulen Street 3700 

PO Box 985004 

Fort Worth, TX 76185 

Attention: Mr. Gideon Siringi 

Email: Gideon.Siringi@Lhoist.com 

Phone: 817-732-8164 

Subject: Hydrated Lime Injection System at Nelson Plant 

NOL-TEC SYSTEMS®, INC. Proposal 13767 

Mr. Siringi, 

We are pleased to submit for your review our budgetary (±20%) proposal for a Nol-Tec Sorb-N-Ject®

Technology system in accordance with the following: 

SYSTEM CONCEPT: 

Hydrated Lime will be delivered on site in PD Blower trucks. Trucks will unload to one (1) of four 

(4) storage silos. Each kiln will have two (2) dedicated silos. Silo will discharge to a Loss-In-Weight 

Feeder, which consists of a hopper on load cells and a drop thru rotary airlock with a VFD. Material 

will be conveyed via PD Blower to an injection point with two injection lances per kiln. Injection 

location on kiln duct work TBD. 

TRUCK UNLOAD DESIGN CRITERIA:

(Note that the following design criteria are based upon information that is either assumed or known 

to us at the time of quoting. Customer verification of this data is required to ensure proper system 

and equipment sizing.) 

Product: Lhoist Sorbacal Hydrated Lime 

Bulk Density: 22 Lbs./Cu. Ft. 

Particle Size: Fine 

Moisture: Dry 

Temperature: Ambient 

Abrasiveness: Slight 

System Capacity: Expected 20 TPH ~ Due to the amount of manual adjustments on PD 

Blower Trucks, NTS can not guarantee this rate. 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 2 

Conveyed Distance; 

Horizontal: 100 Ft. 

Vertical: 10 Ft. 

No 90° Bends: 1 

EQUIPMENT:

Truck Unload Blowers: 

1. Two (2) Blower packages, positive displacement rotary blower, driven by a 75 HP, TEFC, 

1750 RPM, 230/460/3/60 motor, mounted on a structural base with motor slide rails and the 

following accessories: 

 Belt drive and guard 

 Intake cartridge air filter 

 Intake and discharge silencers 

 Check valve. 

 Relief valve. 

 Pressure gauge. 

 Pressure switch. 

 Sound enclosure with integral exhaust. 

2. Two (2) Air-to-Air heat exchangers, designed to cool conveying air to within 10 oF of 

ambient temperature. 

Clean Air Line: 

3. Two (2) Lots of clean air line. Each includes: 

 Forty (40) Ft. 4" sch. 40 mild steel pipe, shipped with a standard mill finish in 20-foot 

random lengths. 

 Two (2) Elbows, 4" sch. 40, mild steel, 90o with 12" radius and 8" tangents. 

 One (1) Material handling hose, 4" diameter, 240" long. 

 One (1) 4" Pipe adapter. 

 One (1) 4" Bracket limit switch. 

 Seven (7) 4" compression couplings with black gasket. 

 

Silo Fill Line: 

4. Four (4) Lots of silo fill lines. Each includes: 

 One (1) 4" Pipe adapter. 

 One (1) 4" Bracket limit switch 

 One (1) Material handling hose, 4" diameter, 240" long. 

 One hundred (100) Ft. 4" sch. 40 mild steel pipe, shipped with a standard mill finish in 20-

foot random lengths. 

 One (1) 4" Inline screener. 

 One (1) Silo receiver, Model 232, 4" sch. 40, mild steel welded construction with internal 

wear shield. 

 Seven (7) 4" compression couplings with black gasket. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 3 

Storage Silos: 

5. Two (2) Storage silos, welded mild steel construction, having a usable capacity of 9165 cu. 

ft., for the storage of Hydrated Lime with a bulk density of 22 lbs/cu.ft. Silos are sized for 8 

days of storage of sorbent for kiln one. Silo is constructed with the following features: 

 14'-0" diameter. 

 66'-0" cylinder height. 

 85'-0" overall height. 

 60° cone to a 24” discharge diameter at a height of 15'-0" above grade. 

 Full enclosed skirt support with 3'-6" wide door. 

 20" top deck manway with pressure/vacuum relief valve. 

 Vent filter mounting flange on top deck. 

 Four (4) level control mounts. 

 Fill line support brackets. 

 Top perimeter guard rail. 

 Ladder with safety cage and step-off platform (as required). 

 80 MPH wind load design. 

 30 PSF roof load. 

 Seismic II design. 

 Interior is unpainted. 

 Exterior painted finish is enamel (white). 

 Silo is shipped F.O.B. shipping point. (Freight and erection not included.) 

6. Two (2) Storage silos, welded mild steel construction, having a usable capacity of 7000 cu. 

ft., for the storage of Hydrated Lime with a bulk density of 22 lbs/cu.ft. Silos are sized for 8 

days of storage of sorbent for kiln two. Silo is constructed with the following features: 

 14'-0" diameter. 

 53'-0" cylinder height. 

 60'-0" overall height. 

 60° cone to a 24" discharge diameter at a height of 15'-0" above grade. 

 Full enclosed skirt support with 3'-6" wide door. 

 20" top deck manway with pressure/vacuum relief valve. 

 Vent filter mounting flange on top deck. 

 Four (4) level control mounts. 

 Fill line support brackets. 

 Top perimeter guard rail. 

 Ladder with safety cage and step-off platform (as required). 

 80 MPH wind load design. 

 30 PSF roof load. 

 Seismic II design. 

 Interior is unpainted. 

 Exterior painted finish is enamel (white). 

 Silo is shipped F.O.B. shipping point. (Freight and erection not included.) 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 4 

NOTE: Ladders, safety cages, platforms, and handrails are shipped loose, in sections, to be field 

assembled and installed by installation contractor.

Silo Accessories: 

7. Four (4) Lots of HVAC for the silo skirts. Each includes: 

 One (1) Wall mounted exhaust fan, with thermostat and guard. 

 One (1) Rain hood. 

 One (1) Aluminum louver. 

 One (1) Heating unit, 10 kW, with thermostat. 

8. Four (4) Lots of lighting for the silo skirt. Each includes: 

 Eight (8) Wall mounted lights, 100 W. 

 Two (2) Light switches. 

 Two (2) 120V Receptacles. 

 Two (2) Emergency exit LEDs. 

 One (1) Light control enclosure. 

9. Two (2) Jib cranes with electric hoist. 

10. Four (4) Lots of silo level control. Each includes: 

 Four (4) Proximity level controls. Low level, mid level, high level, and emergency high 

level control. 

 One (1) Continuous guided radar level control. 

Silo Dust Collection: 

11. Four (4) Dust collectors Model 238, 60NT25, fabricated of 12 ga. mild steel, capable of 17" 

w.g. pressure, with access door, air manifold and valves for reverse pulse cleaning. Each 

includes: 

 One (1) Weather hood, 10" dia., mild steel. 

 One (1) Control enclosure, dust collector, 5 bank, NEMA 4, mild steel junction box with 

timer board, 110V. 

 One (1) Magnehelic differential gauge, indoor/outdoor. 

 Twenty-five (25) Cartridges, spun bond polyester, 5.75" dia. x 43" long, 30 sq. ft. each. 

 Twenty-five (25) Clamps, 1⁄2" wide, 301 stainless steel with quick release. 

Silo Discharge: 

12. Four (4) Fluidizing bin bottoms, Model 328, fabricated of mild steel, 24" diameter flanged 

inlet, 70o cone to a 12" diameter flanged discharge, complete with three individual air 

injection valve assemblies, having ceramic seats and abrasion resistant clear urethane cone 

seals. Also included is a single coil solenoid valve for aeration valve sequencing, with hoses 

and fittings. Each also includes: 

 One (1) Butterfly valve, 12" with carbon steel disc and 416 stainless steel shaft, has a 

manual handwheel. 

 One (1) 12" Spool section, mild steel. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 5 

 One (1) Butterfly valve, 12" with carbon steel disc and 416 stainless steel shaft, has rack 

and pinion double-acting air operator, solenoid valve and limit switches. Valve is factory 

assembled, pre-piped, and pre-wired to a NEMA 4 limit switch housing. 

 One (1) Flex connection. 

 Four (4) Clamps, 1⁄2" wide, 301 stainless steel with quick release. 

Weigh Hoppers: 

13. Four (4) Weigh Hoppers, 45 cu. ft. capacity fabricated of mild steel with a 12" dia. inlet, a 60° 

cone to a 10" dia. discharge, and six (6) tangential aeration jets, with controls. Each also 

includes: 

 Two (2) Single cartridge dust filters, Model 279, 9" dia., mild steel fabricated for 

mounting direct to hopper top. Complete with 30 square feet of cartridge filter media, 36" 

long top removal mild steel cartridge, 1⁄2" dia. air hose. (Plumbing shipped loose for field 

assembly.) 

 One (1) Load cell, mild steel, 3 module kit, 5,000 lb. per cell. Includes stainless steel 

summing box, mounts, load cells and cable. 

Airlock Packages: 

14. Four (4) Airlock packages, Model 257, 10 X 10, with 0.18 CFR displacement. Cast iron, 

housing construction with 8-vane welded steel rotor with fixed blade tips. Driven by a 1 HP, 

1750 RPM, TEFC motor and gear drive which is side-mounted from the valve housing. 

Package includes: 

 Roller chain & sprocket drive with enclosed guard. 

 Outboard bearings. 

 Packing gland seal with air purge connection. Requires compressed air service (by 

customer). 

 Zero speed switch. 

 One (1) Butterfly valve, 10" with carbon steel disc and 416 stainless steel shaft, has rack 

and pinion double-acting air operator, solenoid valve and limit switches. Valve is factory 

assembled, pre-piped, and pre-wired to a NEMA 4 limit switch housing. For automatic 

isolation of rotary valve. 

 One (1) Spool section, 10" mild steel. 

 3" convey line adapter. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 6 

DESIGN CRITERIA-HYDRATED LIME INJECTION:

(Note that the following design criteria are based upon information that is either assumed or known 

to us at the time of quoting. Customer verification of this data is required to ensure proper system 

and equipment sizing.) 

Product: Hydrated Lime 

Bulk Density: 22 Lbs./Cu. Ft. 

Particle Size: Fine 

Moisture: Dry 

Temperature: Ambient 

Abrasiveness: Slight 

System Capacity: 2100 PPH Kiln One, 1600 PPH Kiln Two 

Conveyed Distance; 

 Horizontal: 150 Ft. 

 Vertical: 50 Ft. 

No 90° Bends: 6 

Convey Line Dia: 3" Sch 40 

ESTIMATED SYSTEM OPERATING CONDITIONS:

Air Flow: 200 CFM 

 

EQUIPMENT:

Convey Line Blowers: 

15. Four (4) Blower packages, positive displacement rotary blower, driven by a 15 HP, TEFC, 

1750 RPM, 230/460/3/60 motor, mounted on a structural base with motor slide rails and the 

following accessories: 

 Belt drive and guard 

 Intake cartridge air filter 

 Intake and discharge silencers 

 Check valve. 

 Relief valve. 

 Pressure gauge. 

 Pressure switch. 

 Sound Enclosure with integral exhaust. 

16. Four (4) Air-to-Air heat exchangers, designed to cool conveying air to within 10 oF of 

ambient temperature. 

Clean Air Line: 

17. Two (2) Lots of clean air line. Each includes: 

 Sixty (60) Ft. 3" sch. 40 mild steel pipe, shipped with a standard mill finish in 20-foot 

random lengths. 

 One (1) Tee bend, 3" sch 40 mild steel. 

 Four (4) Flanged adapter, 3" mild steel construction. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 7 

 Two (2) Butterfly valves, 3" with carbon steel disc and 416 stainless steel shaft, has rack 

and pinion double-acting air operator, solenoid valve and limit switches. Valve is factory 

assembled, pre-piped, and pre-wired to a NEMA 4 limit switch housing. 

 Four (4) Elbows, 3" sch. 40, mild steel, 90o with 6" radius and 6" tangents. 

 Thirteen (13) 3" Compression couplings with black gasket. 

Convey Line: 

18. Two (2) Lots of convey line. Each includes: 

 Two hundred (200) Ft. 3" sch. 40 mild steel pipe, shipped with a standard mill finish in 

20-foot random lengths. 

 Six (6) Bends, Model 207, 4" sch. 40, wear back, 90o, 40" centerline radius and 12" 

tangents. 

 Twenty-four (24) 3" Compression couplings with black gasket. 

Splitters and Injection Lances: 

19. Two (2) Lots of convey line splitters and injection lances. Each includes: 

 One (1) Flanged adapter, 3" mild steel construction. 

 One (1) Convey line splitter, 3" sch 40 inlet to two (2) 2 1⁄2" sch 40 outlets. Splitter is 

designed to create back pressure to ensure an even split of material to each injection point. 

 Forty (40) Ft. 2 1⁄2" sch. 40 mild steel pipe, shipped with a standard mill finish in 20-foot 

random lengths. 

 Four (4) Tee bends, 2 1⁄2" sch 40 mild steel. End capped. 

 Two (2) Full port air operated ball valves. 

 Two (2) Full port manual ball valves. 

 Two (2) 2 1⁄2" Spool sections. 

 Four (4) Flanged adapters, 2 1⁄2" mild steel construction. 

 Two (2) 2 1⁄2" Lance injectors, 304 stainless steel construction. 

 Two (2) Blow port assemblies, with Chicago fitting. For manual compressed air cleaning 

of lances. 

 Two (2) Pressure transmitters, -250 to 250 in.w.c. 

 Two (2) Pressure transmitter air manifolds. 

Electrical Equipment: 

20. One (1) Motor control panel with PLC. 

21. Two (2) Remote I/O Panels. 

22. Four (4) Silo scale panels. 

BUDGETARY SYSTEM PRICE, (Items 1-22) ..............................................$2,045,000.00 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 8 

UTILITIES: Please note, it is required the customer provide clean, dry, compressed air at 80 PSIG 

minimum to 100 PSIG maximum for the above Nol-Tec system to insure optimum operation. 

Through the pressure controller, the system will be regulated to the proper conveying pressure. 

Electrical power is to be furnished as specified in the item descriptions. 

TEST CLAUSE: Please note that certain assumptions have been made with regard to material 

characteristics in the design of this system. Nol-Tec reserves the right to test a representative sample 

of the material to verify these assumptions. If the outcome of the testing results in changes to the 

design of the system, we will adjust our proposal accordingly. Any resultant pricing changes will be 

submitted to the customer for approval prior to implementation. Tests will be performed at NolTec’s facility in Lino Lakes, MN. Charges for testing (if applicable) are to be determined on an 

individual case basis. Test material freight costs (to and from Nol-Tec) are the responsibility of the 

customer. Any additional costs for testing are to be based upon specific testing requirements. We 

require an MSDS for all materials prior to testing. Tested materials must be returned to the customer

after trials. Nol-Tec cannot dispose of tested materials. 

FREIGHT: All prices are FCA Lino Lakes, Minnesota (and shipping points), freight pre-paid and 

added. Fuel surcharges may apply. Export crating is not included. 

DELIVERY: To be determined at time of order. Current schedule is ten to twelve (10-12) weeks 

after drawing approval. Drawings will be issued for approval approximately six to eight (6-8) weeks 

after receipt of purchase order and all necessary engineering information. 

TERMS: 20% invoiced upon receipt of purchase order (verbal or written). 

70% progressive payments monthly (based on timeline of job). 

10% invoiced upon acceptance of equipment, not to exceed 90 days after 

shipment. 

All invoices are due net 30 days. 

PRICING VALIDITY AND RISING STEEL COSTS: 

Due to current volatility in the steel market, material escalation (if any) will be based on current 

market costs. Pricing in this proposal is based on today’s market cost. Any increase in steel cost, 

between the purchase order placement date and material procurement date (above this benchmark) 

will be to the customer’s account. 

If awarded a contract, Nol-Tec reserves the right to revise and resubmit our proposal (based on 

current market conditions) for final customer acceptance. All pricing will be based on maintaining a 

predetermined delivery schedule. Any delays, related to the agreed upon delivery time line, could 

delay equipment procurement and may result in an overall system and/or component price increase. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 9 

ENGINEERING: Two (2) sets of engineered drawings and a maintenance manual provided in 

digital format are included in the above prices. The documentation provides sufficient detail to 

insure the proper installation of the components proposed. Additional sets of drawings or hard copies 

of manuals are available at an additional cost. Approval drawings will be submitted via e-mail or 

U.S. Postal Service. Manuals are delivered to one location via UPS ground service. Alternate or 

express delivery services can be provided upon request and will be charged to the customer. 

SPARE PARTS: Spare parts pricing is not included. A detailed spare parts list is provided after 

approval of engineered drawings. 

START-UP: Start-up service is at an additional cost, and as stated in the enclosed Terms and 

Conditions. 

EXCEPTIONS: Unless stated above, we do not include state and local taxes, freight, installation 

labor and materials, motor controls, explosion relief devices, foundations and footings, pits and pit 

steel, tubing supports, structural steel work, fasteners, compressed air source, compressed air piping, 

air assist pilot line piping, or anything not specified in the item descriptions. Drilling and welding of 

air assist fittings to conveying line is by others. Above system and piping component quantities are 

estimated based on information in our possession at time of quoting. Nol-Tec reserves the right to 

adjust design, quantities, and pricing if actual layout necessitates. To ensure proper operation, it is 

the responsibility of the customer to provide uninterrupted material flow out of feed vessels that are 

not supplied by Nol-Tec such as silos, hoppers, railcars and trucks. Due to the varying condition of 

pressure differential railcars/trucks and the number of manual adjustments possible on these vessels, 

Nol-Tec cannot guarantee an unloading rate. 

EQUIPMENT TAGGING: Major equipment components provided by Nol-Tec are identified with 

laminated or sticker tags that include the line item of the shipping schedule, job number, customer 

name, quantity ordered and customer P.O. number. Special equipment tags or additional information 

can be provided at an additional cost.

PAINT: The above proposed equipment is provided with one coat of Nol-Tec standard silicone 

modified alkyd paint with a gloss finish on external (non-product contact) steel surfaces, unless noted 

otherwise. Equipment is not prepared to prevent overspray onto interior (product contact) surfaces. 

If interior overspray is not acceptable, there will be an additional charge. Stainless steel, aluminum, 

and non-ferrous surfaces are unpainted. Pipe, tubing and bends are supplied with a standard mill 

finish, unpainted. Purchased components from Nol-Tec suppliers are to be painted manufacturer's 

standard paint. If other than the standard paint is required, it can be furnished at an extra cost. 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 
Nol-Tec Systems, Inc. * Proposal 13767 * May 22, 2013 * Page 10 

425 Apollo Drive • Lino Lakes, MN 55014 • P(651) 780-8600 F(651) 780-4400 

This proposal, including the specifications, drawings, manuals, and any other information submitted, 

are considered proprietary and are disclosed in confidence upon condition they are not to be 

reproduced or disclosed to anyone, other than personnel in the company to whom the proposal is 

addressed, without written permission of Nol-Tec Systems, Inc. 

Thank you for your interest in Nol-Tec Systems, Inc. Should you have any questions on this 

proposal, please contact us. 

Respectfully, 

NOL-TEC SYSTEMS®, INC.

Mike Manning 

Regional Sales Manager 

mikemanning@nol-tec.com 

Ph: 651-203-2561 

Cell: 651-308-9209 

MM:kl 

Enclosure: Terms & Conditions 042407-Q 

Drawing: 13767-0 

Copy to: Dave Luzan – Luzan & Company 

5.147.SALE.04.30.07.01 Nol-Tec Systems, Inc. General Terms and Conditions of Sale 042407-Q 

Page 1 of 3 

NOL-TEC SYSTEMS, INC. 

GENERAL TERMS AND CONDITIONS OF SALE 

This Quotation is subject to all instructions, terms and conditions 

on the face hereof and also the following terms and conditions: 

1. Warranty. Nol-Tec Systems, Inc. (hereinafter called 

"Nol-Tec") makes the following limited warranty: 

Nol-Tec warrants to the original purchaser only (hereinafter 

referred to as "Buyer") that the parts manufactured by Nol-Tec of 

each new and unused system purchased from or through Nol-Tec 

under these Terms and Conditions, which parts have not been 

altered, changed or repaired in any manner, will be free from 

defects in material and workmanship for a period of one (1) year 

from the date of delivery. If any such part is not as warranted and if 

the Buyer notifies Nol-Tec of such defects in writing within one year 

of delivery, Nol-Tec will repair or replace, at its option, such 

defective part, provided that full information is furnished to Nol-Tec 

of the nature of the defect. Labor in removing and replacing parts 

at the installation site under this warranty, and return of defective 

parts to Nol-Tec's factory, shall be paid for by Buyer. This warranty 

by Nol-Tec does not cover any part of the system manufactured by 

third persons whether or not such third persons are subcontractors 

to Nol-Tec for this system. 

If after inspection of the returned products, Nol-Tec determines that 

the defect is a result of misuse, mishandling, installation, abnormal 

conditions of operation, unauthorized repair or modification, or due 

to the Buyer's failure to install, maintain or operate the product in 

compliance with written instructions, all expenses incurred by NolTec in connection with the replacement or repair of the product 

shall be for the account of the Buyer. Any product returned to NolTec for replacement shall become the property of Nol-Tec. 

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 1, ALL 

PRODUCTS AND SERVICES PROVIDED UNDER THESE 

TERMS AND CONDITIONS ARE PROVIDED “AS IS”. ALL 

OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY 

DISCLAIMED AND EXCLUDED BY NOL-TEC, INCLUDING 

WITHOUT LIMITATION ANY WARRANTY OF 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 

OR USE, OR NON-INFRINGEMENT OF INTELLECTUAL 

PROPERTY RIGHTS, AND ALL OBLIGATIONS OR LIABILITIES 

ON THE PART OF NOL-TEC FOR DAMAGES ARISING OUT OF 

OR IN CONNECTION WITH THE USE, MAINTENANCE OR 

PERFORMANCE OF THE PRODUCTS AND SERVICES 

PROVIDED HEREUNDER (INCLUDING LIABILITY FOR 

NEGLIGENCE), OTHER THAN LIABILITY BASED UPON THE 

GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF 

NOL-TEC 

REPLACEMENT OR REPAIR OF THE NOL-TEC PRODUCTS AS 

PROVIDED ABOVE IS THE BUYER'S EXCLUSIVE REMEDY 

AND NOL-TEC’S SOLE OBLIGATION FOR ANY BREACH OF 

THE FOREGOING WARRANTY. 

2. LIMITATIONS OF LIABILITY. NOL-TEC WILL NOT 

BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY 

IN FURNISHING PRODUCTS, OR BY DELAY IN ANY OTHER 

PERFORMANCE UNDER OR PURSUANT TO THIS 

AGREEMENT. 

IN NO EVENT WILL NOL-TEC’S LIABILITY OF ANY KIND 

INCLUDE ANY LOST PROFITS, LOST REVENUE, SPECIAL, 

INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR 

DAMAGES, EVEN IF NOL-TEC HAS BEEN ADVISED OF THE 

POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 

Nol-Tec shall not be liable to the Buyer for any claims, demands, 

injuries, damages, actions, or causes of action whatsoever based 

on negligence or strict liability. 

No claim or cause of action arising from, or related to the products 

and services provided under these Terms and Conditions, whether 

based in tort, contract or otherwise, may be asserted (i) by any 

party but the original purchaser, or (ii) any time later than the date 

one year after the claim cause of action has accrued. 

3. Acceptance/Agreement. Any acceptance of this 

Quotation is subject to acceptance of these Terms and Conditions. 

These Terms and Conditions (i) constitute the entire agreement 

between the parties with respect to the subject matter hereof, (ii) 

supersede any and all other agreements between the parties 

related thereto, as well as all proposals, oral or written, and all 

negotiations, conversations or discussions between the parties 

related to this Agreement, (iii) may not be altered, amended or 

otherwise modified without the written agreement signed by the 

parties hereto, and (iv) may be executed in two or more 

counterparts, each of which will be deemed an original hereof. No 

product or service specifications, or terms and conditions that are 

additional or contrary to the terms of this Agreement, whether 

contained in any purchase order or other communication from 

Buyer or any third party, will be construed as, or constitute a waiver 

of these terms and conditions, or acceptance of any such 

additional terms, conditions or specifications. Nol-Tec hereby 

rejects and objects to such additional or contrary terms, conditions 

or specifications 

4. Orders. All orders are subject to acceptance by Nol-Tec, 

in its sole discretion, at its general offices in Lino Lakes, 

Minnesota, USA, even if such order are taken elsewhere by any 

sales representative or other agent of Nol-Tec. 

5. Terms and Payment. The written price quotation listed 

herein shall be payable in current funds of the United States, at 

par, at 425 Apollo Drive, Lino Lakes, Minnesota 55014, according 

to the "Terms" as quoted herein. No other understanding or 

agreements, verbal or otherwise, with respect to the price and 

terms of payment shall be binding on either party, except as 

expressly stated herein. The foregoing terms of payment apply 

whether or not Nol-Tec has agreed to erect said system and 

whether or not there is delay in erection by any person, regardless 

of cause of delay. 
Nol-Tec Systems, Inc. General Terms and Conditions of Sale 

Page 2 of 3 

Prices on the goods covered by this Quotation are firm for 30 days 

from the date of this Quotation. If there is a delay in the completion 

of shipment of the order due to any change requested by the 

Buyer, or as the result of any delay on the Buyer's part in furnishing 

information required for completion of the order, the price agreed 

upon at the time of acceptance of the order is subject to change. 

Prices are F.O.B. carrier's equipment at Nol-Tec's factory and are 

exclusive of all federal, state or local taxes, and any present or 

future sales, use or other tax or duty that Nol-Tec may be required 

to collect or pay shall be added to the sales prices and paid by the 

Buyer. 

6. Increase to Price. In the event changes by Buyer in 

concept to the proposed system should require additional, or 

modification to existing mechanical equipment hardware or 

software, the price to Purchaser shall be revised accordingly. 

7. Installation/Start-Up/Field Service. The above price 

does not include installation of the system, system start-up, or any 

field service, unless otherwise specifically provided elsewhere 

herein or in our contract. 

8. Installation Supervision Upon written request by Buyer to 

Nol-Tec, at any reasonable time prior to installation of the system 

provided by Nol-Tec, Nol-Tec agrees to supply to the installation 

site one installation supervisor qualified to instruct as to the proper 

installation of the system. The Buyer cost for this service is 

charged in accordance with current published rate schedule. 

8A. Start-Up/Field Service and Training. Upon written 

request by Buyer to Nol-Tec, Nol-Tec agrees to supply to the job 

site, one start-up/field service technician qualified to instruct as to 

the proper troubleshooting and start-up of the system. The Buyer 

cost for this service is charged in accordance with current 

published rate schedule. 

9. Drawings. Nol-Tec will deliver drawings to Buyer for 

approval of system prior to ordering materials and supplies, and 

prior to fabrication of system by Nol-Tec. Buyer agrees to either 

approve or correct such drawings, in writing, within 10 days after 

receipt thereof and return same to Nol-Tec for further processing. 

Nol-Tec reserves the right to give Buyer notice of delay caused 

Nol-Tec by Buyer's failure to promptly sign and return said 

drawings as aforesaid. 

10. Cancellations, Countermand, and Return of Goods. 

Orders accepted by Nol-Tec cannot be cancelled or 

countermanded, or shipments deferred or goods returned except 

with the prior written consent from Nol-Tec's office in Lino Lakes, 

Minnesota, and upon terms that will indemnify Nol-Tec against all 

losses resulting there from, including the profit on any part of the 

order that is cancelled. When Nol-Tec authorizes the return of 

goods, Buyer shall prepay the shipping charges on such returned 

goods unless otherwise expressly stated by Nol-Tec in its written 

return authorization. 

11. Patents. Nol-Tec shall indemnify and save the Buyer 

harmless from any judgments for damages and costs which may 

be rendered against the Buyer in any suit brought against the 

Buyer on account of the infringement of any United States patent 

by any goods supplied by Nol-Tec hereunder (as such and not 

incorporated into any other device), provided that the Buyer 

promptly notifies Nol-Tec of the commencement of any such suit 

and authorizes Nol-Tec to settle or defend such suit as Nol-Tec 

may see fit, and provided further that the Buyer renders every 

reasonable assistance which Nol-Tec may require in defending any 

such suit. This provision shall not apply if Buyer has furnished NolTec with the specifications for such goods, and in that event, the 

Buyer shall indemnify and hold Nol-Tec harmless from any claim of 

patent infringement. If the goods supplied by Nol-Tec are found to 

be infringing, Nol-Tec's liability to the Buyer shall be limited to any 

one of the following, at Nol-Tec's election: 

a. Procuring for the Buyer the right to use the goods; or 

b. Modifying the goods so that such goods become noninfringing; or 

c. Replacing the goods with non-infringing goods; or 

d. Removing the goods and refunding the purchased price to 

the Buyer. 

In consideration of Nol-Tec's covenants hereunder, Buyer waives 

all other claims or potential claims for damages against Nol-Tec for 

any alleged or established patent infringement, and agrees to 

indemnify and save Nol-Tec harmless there from. 

12. Delivery. Shipping dates are approximate and are based 

upon current and anticipated manufacturing capabilities and upon 

prompt receipt of all necessary information from Buyer. Delivery 

shall also be contingent upon receipt of materials from 

subcontractors. Unless otherwise agreed in writing by Nol-Tec, 

delivery shall occur and risk of loss shall pass to the Buyer upon 

delivery of the goods to the carrier at Nol-Tec's factory. 

Transportation shall be at the Buyer's sole risk and expense, and 

any claim for loss of damage in transit shall be against the carrier 

only. Buyer agrees to accurately check shipment upon arrival and 

file claim with the common carrier for any damage or loss. Risk of 

damage or loss to the system from any cause shall pass from NolTec to Buyer upon delivery to the common carrier, notwithstanding 

the fact that Nol-Tec reserves the right of possession and title in 

the property until the above price is paid in full, all as provided 

elsewhere herein. 

13. Force Majeure. Fulfillment of this order is contingent 

upon the availability of materials. Nol-Tec shall not be liable for 

any delays in delivery, or for nondelivery or nonperformance, in 

whole or in part, caused by the occurrence of any contingency 

beyond the control of either Nol-Tec or suppliers to Nol-Tec, 

including but not limited to war, sabotage, acts of civil 

disobedience, failure or delay in transportation, acts of any 

government or agency or subdivision thereof, judicial actions, labor 

disputes, fires, accidents, explosions, epidemics, guaranties, 

restrictions, storms, floods, earthquakes or acts of God, shortage 

of labor, fuel, raw material or machinery or technical failure where 

Nol-Tec has exercised ordinary care in the prevention thereof. If 

any contingency occurs, Nol-Tec may allocate production and 

deliveries among its customers. 
5.147.SALE.04.30.07.01 Nol-Tec Systems, Inc. General Terms and Conditions of Sale 042407-Q 

Page 3 of 3 

14. Titles and Possession. Title and right of possession of 

the property furnished to Buyer pursuant to the terms of the 

contract shall remain in Nol-Tec until full payment of the price 

according to the above terms has been made, notwithstanding the 

delivery of the property to Nol-Tec or to a common carrier or to 

other bailee for the purpose of transmission to the Buyer. 

The property furnished under this contract shall not become a part 

of any real estate by reason of being attached thereto or installed 

therein or thereon. If Buyer shall default in payment, Nol-Tec shall 

elect to exercise its lien upon said property as provided by this 

paragraph and the Minnesota Uniform Commercial Code and 

Buyer shall be responsible for all costs and expenses associated 

therewith. Buyer hereby grants unto Nol-Tec a license irrevocable 

to enter upon any real estate owned or leased by Buyer for the 

purpose of removing said property, and Buyer shall be responsible 

for the resulting damage, if any, to real and personal property to 

which it is affixed. 

15. Inspection. Buyer shall inspect and test the goods 

shipped hereunder immediately upon installation thereof and shall, 

within 15 days of the substantial completion of installation, give 

notice in writing to Nol-Tec of any matter or thing by reason 

whereof he may allege that the system is not in accordance with 

this contract. 

If Buyer fails to give such written notice, said system shall be 

deemed accepted by Buyer. Notwithstanding this right of 

inspection by Buyer, Buyer agrees to pay the above price 

according to the above terms whether or not a right of inspection 

and testing exists pursuant to the terms of this paragraph. 

16. Applicability of United Nations Convention. With regard 

to international sales, the United Nations Convention on Contracts 

for the International Sale of Goods shall not apply to the purchase 

and sale of products hereunder. 

17. General Provisions. The Buyer may not assign any rights 

to, or delegate any performance owed under this Agreement 

without the consent of Nol-Tec. Nol-Tec shall have the right to 

credit toward the payment of any monies that may become due 

Nol-Tec hereunder and any sums which may now or hereafter be 

owed to the Buyer by Nol-Tec. THE VALIDITY AND 

PERFORMANCE IN ALL MATTERS RELATING TO THE 

INTERPRETATION AND EFFECT OF THIS AGREEMENT, ANY 

PROVISION HEREIN AND ANY AMENDMENT HERETO SHALL 

BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH 

THE INTERNAL LAWS (AND NOT THE LAWS OF CONFLICT) 

OF THE STATE OF MINNESOTA. ALL DISPUTES ARISING IN 

CONNECTION WITH THIS AGREEMENT SHALL BE 

RESOLVED, IF NOT SOONER SETTLED, BY A COURT OF 

COMPETENT JURISDICTION LOCATED IN THE STATE OF 

MINNESOTA. The Buyer shall pay Nol-Tec all fees, costs and 

expenses of Nol-Tec reasonably incurred in the enforcement of 

Nol-Tec's right under or with respect to this Agreement, including, 

without limitation, reasonable attorneys' fees. 

18. Acceptance. The foregoing offer is accepted and the 

undersigned acknowledges receipt of a true and complete copy. 

By: 

___________________________________________________ 

(Name and Title) 

For: 

___________________________________________________ 

Buyer Name/Contract Number 

Seller: 

NOL-TEC SYSTEMS, INC. 

A Minnesota Corporation 

By: 

___________________________________________________ 

(Name and Title) 

042407-Q