## Development of Chemical Precipitation Purchased Equipment Costs ‐ Pumps

This pdf file documents correspondence between ERG, EPA’s technical contractor, and the pump vendor, Weir Minerals. These documents were provided by the vendor in support of EPA’s development of the cost methodology for the sump pump.From: <Matthew.Holmes@weirminerals.com> To: <kavya.kasturi@erg.com> Date: 12/7/2012 1:40 PM Subject: RE: CBI on Kasey Howe Budgetary Quotation Material Kavya

I reviewed the information that Debra sent to me and the information provided is not anything that would cause any issues. You may use. Regards,

Matt Holmes Regional Director of Sales, Northeast

Weir Minerals North America 1071 Peru Olena Rd W Norwalk, OH 44857 USA

Cell: 419

- 554

- 9340 Fax: 888

- 668

- 0545 Email: matt hew.holmes@weirminerals.com Web: http://www.weirminerals.com

CONFIDENTIAL: The information contained in this email (including any attachments) is confidential, subject to copyright and for the use of the intended recipient only. If you are not the inten ded recipient please delete this message after notifying the sender. Unauthorised retention, alteration or distribution of this email is forbidden and may be actionable. Attachments are opened at your own risk and you are advised to scan incoming email for viruses before opening any attached fi les. We give no guarantee that any communication is virus

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## Eastern Research Sump Pumps Proposal #: 20113-003

Thank you for the opportunity to quote WMNA products. WMNA General Terms of Sale apply. Freight terms are FOB Origin PPD/ADD or Collect. Payment terms are Net 30 Days with approved credit at time of sale. Orders over $100,000 require progress payments. Lead times are subject to change from time of quote to time of purchase order. General arrangement drawings when attached are for reference only. Quotation is valid for 30 days WMNA Also offers knife gate slurry valve and cyclone product lines. Please contact WMNA with specific details if you would like additional details or a quotation for these products to complement the quoted pump(s). Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11

# Eastern Research Sump Pumps Proposal : 20113-003

Prepared By : Kasey Howe Sales Bid Summary Report Model Qty Equipment Accessories Motors V Drive Spares Custom Total Sump Pump Optional Design 150 SVSP 1 $22,326 $3,357 $2,888 $2,188 $0 $0 $30,759

Sump Pump Optional Design 100 RVSP 1 $13,568 $2,436 $1,278 $661 $0 $0 $17,943

Sump Pump Middle 65 QVSP 1 $9,771 $1,950 $779 $206 $0 $0 $12,706 Sump Pump Design 40 PVSP 1 $6,209 $1,990 $477 $157 $0 $0 $8,833

Grand Total 4 $51,874 $9,733 $5,422 $3,212 $0 $0 $70,241 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11

# Eastern Research Sump Pumps Proposal : 20113-003

Equipment: Impeller Dia Suction Dia Tip Speed: Discharge Dia: 150 in 

## Application Information
Flow: 1445 GPM TDH: 50 ft Temperature °F Head Ratio: SG Slurry: 1.05 % Solids Cw: pH: 0 RPM 727 rpm NPSHa: NPSHr: Efficiency: 55.8 % Efficiency Ratio: 1 Efficiency Correction: Discharge Orientation: Max Part. Size: d85: d50: Suction Pressure: Chlorides: Absorbed Power: 34.33 HP Curve ID: WPA150E43/1 

## Pump Assembly 150 SVSP Qty Wt $30,759 Base Equipment 150 SVSP 1 4165 lbs $22,326 Material Natural Gum Rubber R26 1 $0 Pedestal Length 60" 1 $0 Impeller Elastomer of Casing 1 $0 Standard Motor Bracket Shaft Up 1 250 lbs $1,928 - Max 445-T Frame Belt Guard Shaft Up 1 50 lbs $1,429 

## V Drive 150 SVSP Qty Wt $2,188
V Drive "SV" Frame, Constant Speed, 50 BHP, 1800 RPM, 326T Motor Frame 1 $2,188



## Motor 150 SVSP Qty Wt $2,888
Motor Premium Efficient/Severe Duty, 50 BHP, 1800 RPM, 326T Frame 1 600 lbs $2,888



## Price: $30,759 

## No of Units: 1 

## Extended: $30,759 

## Total $30,759 Our estimated shipping schedule for the equipment shown is 20 weeks from receipt of order with approval to release for manufacture. Lead time is based on current availability and subject to change. Lead time will be confirmed at time of order placement. 

## Comments

This proposal is valid for 30 days from date of proposal. Prices shown are F.O.B.Shipping Point. Reference General Conditions of Sale of Weir Slurry Group Products. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11

# Eastern Research Sump Pumps Proposal : 20113-003

Equipment: Impeller Dia Suction Dia Tip Speed: Discharge Dia: 100 in 

## Application Information
Flow: 700 GPM TDH: 50 ft Temperature °F Head Ratio: SG Slurry: 1.05 % Solids Cw: pH: 0 RPM 866 rpm NPSHa: NPSHr: Efficiency: 56.6 % Efficiency Ratio: 1 Efficiency Correction: Discharge Orientation: Max Part. Size: d85: d50: Suction Pressure: Chlorides: Absorbed Power: 16.4 HP Curve ID: WPA100E42/2 

## Pump Assembly 100 RVSP Qty Wt $17,943 Base Equipment 100 RVSP 1 2135 lbs $13,568 Material Natural Gum Rubber R26 1 $0 Pedestal Length 48" 1 $0 Impeller Elastomer of Casing 1 $0 Standard Motor Bracket Shaft Up 1 175 lbs $1,218 - Max 326-T Frame Belt Guard Shaft Up 1 45 lbs $1,218 

## V Drive 100 RVSP Qty Wt $661
V Drive "RV" Frame, Constant Speed, 20 BHP, 1800 RPM, 256T Motor Frame 1 $661



## Motor 100 RVSP Qty Wt $1,278
Motor Premium Efficient/Severe Duty, 20 BHP, 1800 RPM, 256T Frame 1 295 lbs $1,278



## Price: $17,943 

## No of Units: 1 

## Extended: $17,943 

## Total $17,943 Our estimated shipping schedule for the equipment shown is 20 weeks from receipt of order with approval to release for manufacture. Lead time is based on current availability and subject to change. Lead time will be confirmed at time of order placement. 

## Comments

This proposal is valid for 30 days from date of proposal. Prices shown are F.O.B.Shipping Point. Reference General Conditions of Sale of Weir Slurry Group Products. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11

# Eastern Research Sump Pumps Proposal : 20113-003

Equipment: Impeller Dia Suction Dia Tip Speed: Discharge Dia: 65 in 

## Application Information
Flow: 255 GPM TDH: 50 ft Temperature °F Head Ratio: SG Slurry: 1.05 % Solids Cw: pH: 0 RPM 1118 rpm NPSHa: NPSHr: Efficiency: 48.5 % Efficiency Ratio: 1 Efficiency Correction: Discharge Orientation: Max Part. Size: d85: d50: Suction Pressure: Chlorides: Absorbed Power: 6.97 HP Curve ID: WPA65E43A 

## Pump Assembly 65 QVSP Qty Wt $12,706 Base Equipment 65 QVSP 1 950 lbs $9,771 Material Natural Gum Rubber R26 1 $0 Pedestal Length 36" 1 $0 Impeller Elastomer of Casing 1 $0 Standard Motor Bracket Shaft Up 1 120 lbs $995 - NEMA 256T Max Belt Guard Shaft Up 1 40 lbs $955 - NEMA 256T Max 

## V Drive 65 QVSP Qty Wt $206
V Drive "QV" Frame, Constant Speed, 10 BHP, 1800 RPM, 215T Motor Frame 1 $206



## Motor 65 QVSP Qty Wt $779
Motor Premium Efficient/Severe Duty, 10 BHP, 1800 RPM, 215T Frame 1 162 lbs $779



## Price: $12,706 

## No of Units: 1 

## Extended: $12,706 

## Total $12,706 Our estimated shipping schedule for the equipment shown is 20 weeks from receipt of order with approval to release for manufacture. Lead time is based on current availability and subject to change. Lead time will be confirmed at time of order placement. 

## Comments

This proposal is valid for 30 days from date of proposal. Prices shown are F.O.B.Shipping Point. Reference General Conditions of Sale of Weir Slurry Group Products. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11

# Eastern Research Sump Pumps Proposal : 20113-003

Equipment: Impeller Dia Suction Dia Tip Speed: Discharge Dia: 40 in 

## Application Information
Flow: 100 GPM TDH: 50 ft Temperature °F Head Ratio: SG Slurry: 1.05 % Solids Cw: pH: 0 RPM 1768 rpm NPSHa: NPSHr: Efficiency: 39.2 % Efficiency Ratio: 1 Efficiency Correction: Discharge Orientation: Max Part. Size: d85: d50: Suction Pressure: Chlorides: Absorbed Power: 3.38 HP Curve ID: WPA40E42/1 

## Pump Assembly 40 PVSP Qty Wt $8,833 Base Equipment 40 PVSP 1 550 lbs $6,209 Material Natural Gum Rubber R26 1 $0 Pedestal Length 36" 1 $0 Impeller Elastomer of Casing 1 $0 Standard Motor Bracket Shaft Up 1 90 lbs $995 - Nema 215T max Belt Guard Shaft Up 1 30 lbs $995 - Nema 215T max 

## V Drive 40 PVSP Qty Wt $157
V Drive "PV" Frame, Constant Speed, 5 BHP, 1800 RPM, 184T Motor Frame 1 $157



## Motor 40 PVSP Qty Wt $477
Motor Premium Efficient/Severe Duty, 5 BHP, 1800 RPM, 184T Frame 1 100 lbs $477



## Price: $8,833 

## No of Units: 1 

## Extended: $8,833 

## Total $8,833 Our estimated shipping schedule for the equipment shown is 20 weeks from receipt of order with approval to release for manufacture. Lead time is based on current availability and subject to change. Lead time will be confirmed at time of order placement. 

## Comments

This proposal is valid for 30 days from date of proposal. Prices shown are F.O.B.Shipping Point. Reference General Conditions of Sale of Weir Slurry Group Products. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11GENERAL CONDITIONS OF SALE of WEIR SLURRY GROUP, INC. PRODUCTS

Unless otherwise agreed to in writing, signed by Weir Slurry Group, Inc. d.b.a. as Weir Minerals North America (herein referred to as WMNA), the following terms and conditions shall be incorporated by reference and become a part of each price quotation to a customer, each sale contract entered into by WMNA for the sale of WMNA Products (sometimes referred to herein as "Product" or "Products"), and each repair and service contract for
WMNA Products.

QUOTATIONS; ACCEPTANCE OF OFFER: WMNA reserves the right to change an outstanding quotation without notice. No offer to purchase submitted on behalf of a Buyer shall constitute a contract until WMNA has acknowledged and accepted the contract at its home office in Madison, Wisconsin, USA. The terms and conditions contained in any purchase order submitted by Buyer to WMNA shall be inapplicable to any sale contract between WMNA and Buyer. Any changes to the General Conditions of Sale of WMNA Products must be in writing, which specifically identifies changes to the General Conditions of Sale of WMNA Products and must be signed both by Buyer and by an authorized representative of WMNA. All sale contracts shall provide that WMNA products will be delivered to Buyer F.O.B. at the WMNA shipping point designated in the contract.

BASIS OF PRICE ADJUSTMENT BY WMNA: Prices for WMNA Products quoted to a Buyer are F.O.B. WMNA's shipping point and are based upon shipment by WMNA to Buyer within six (6) months of the contract date. If, at the request of the Buyer made after the contract is accepted by WMNA, delivery to Buyer is delayed beyond six (6) months and, at the time of delayed delivery, WMNA's published prices have increased, then the sale price to Buyer shall be based upon the published prices in effect at date of shipment. Also, Buyer shall reimburse WMNA for any storage and insurance costs incurred by WMNA due to delay in shipment requested by Buyer after the contract date. Any changes in or additions to the scope of work or alterations to the Purchase Order which are initiated by Purchaser or result from any circumstance beyond WMNA’s control and which result in additional engineering and/or production costs shall be for the account of Purchaser and subject to additional charge.

BASIS OF PRICE INCREASES IF CONTRACT PROVIDES FOR DELAYED SHIPMENT: The prices for WMNA products and contracts which provide for delivery dates which are beyond six (6) months from the date of the contract shall be subject to upward adjustment by application of the formula described below to determine the increased price. The price adjustment for WMNA products, except the cost of auxiliary equipment, shall be determined by multiplying the total contract price times the percentage increase in the appropriate Producer Price Index ("PPI") as published by the Bureau of Labor Statistics of the U.S. Department of Labor. For WMNA pumps, accessories and parts: PPI 1141.02, Industrial Pumps; for WMNA process equipment (hydrocyclones) and valves, accessories and parts: PPI 114.0, General Purpose Machinery. The base month shall be the month of quotation and the end month shall be the month of shipment. However, in no case shall the final price be lower than the price specified in the contract. In addition, the prices for auxiliary equipment to be supplied by WMNA but not of WMNA manufacture, such as "V" belt drives, electric motors, other drives, gear reducers, couplings, mechanical seals, and similar components may be adjusted upwards based upon the price adjustments imposed upon WMNA by the manufacturer of such auxiliary equipment.

TERMS OF PAYMENT:

Buyer shall make payment to WMNA in U.S. funds. Net payment shall be due thirty (30) days from date of shipment. Interest shall accrue and be paid by Buyer at a rate of one percent (1%) per month on any balance not paid within such thirty (30) day period. Contracts that exceed One Hundred 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11Thousand Dollars ($100,000.00) shall provide for the following progress payments to be made by Buyer (all net 30 days from date of invoice):

(a)	Ten percent (10%) of the total contract price shall be paid within two (2) weeks after contract award date;

(b)	Twenty-five percent (25%) of the contract price shall be paid upon initial submittal of product general arrangement drawing(s).;

(c)	Twenty-five percent (25%) of the contract price shall be paid four (4) weeks after buyer’s release to manufacture;

(d)	Twenty percent (20%) of the contract price shall be paid six weeks prior to contract ship date;

(e)	Twenty percent (20%) of the contract price shall be paid within thirty (30) days upon notice of readiness to ship.

If the Buyer defaults in any payment to WMNA when due, WMNA, without incurring any liability to Buyer or its customer, may, at its option, declare all amounts for work completed immediately due and payable together with interest on the amount due at the rate of one percent (1%) per month commencing with the due date. In addition, WMNA may stop all further work and shipments until Buyer has paid all past due payments and interest to WMNA. WMNA may require that Buyer make the payment to WMNA before shipment. If requested by WMNA, Buyer shall provide WMNA with a payment bond or an irrevocable letter of credit acceptable to WMNA so as to assure payment of the amount due WMNA.

CANCELLATION BY BUYER; CHARGES TO BE PAID BY BUYER: Buyer's cancellation of a contract or a portion of a contract to buy WMNA Products is subject to a cancellation charge to be paid by Buyer to WMNA within thirty (30) days following cancellation, in the amount of ten percent (10%) of the total contract price, plus an amount equal to the actual direct and indirect expenses incurred by WMNA which relate to Buyer's contract order, and those expenses which WMNA will incur in the future for fulfillment of the contract with Buyer which WMNA is unable to cancel or mitigate after being notified of cancellation by Buyer.

TITLE TO PRODUCTS; INSURANCE: Ownership and title to all Products shall pass to the Buyer upon delivery of Products by WMNA to a carrier for delivery of the Products to Buyer. Buyer shall be responsible for insurance on all shipments of Products and WMNA shall not insure beyond delivery to the carrier unless specifically requested by the Buyer and agreed to in writing by WMNA. Any such insurance provided by WMNA at Buyer's request shall be at Buyer's expense. Buyer shall make all claims against carriers relating to the transport of WMNA Products to Buyer.

DELIVERY TO BUYER: The time of shipment by WMNA to Buyer, as stated in the contract, is subject to prior orders and is contingent upon prompt receipt of information and required approvals from Buyer so as to permit WMNA to undertake final design, engineering, and production of the Products.

FORCE MAJEURE: WMNA shall not be liable for any loss or damage arising out of delay in shipment or delivery, or failure to manufacture or failure of the equipment to operate, due to causes beyond its reasonable control, such as, but not limited to, acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, rail car shortages, or WMNA's inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of delay. WMNA reserves 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11the right to make delivery of and invoice any orders either as a whole or progressively and to effect delivery at its convenience at any time within the

period scheduled by WMNA for the delivery of the order.

LIMITED WARRANTIES FOR WMNA PRODUCTS, REPLACEMENT PARTS, REPAIRED PARTS AND REFURBISHED PARTS AND PRODUCTS:

(a)	WMNA warrants that:

(i)	Products: New Products manufactured by WMNA shall be free of defects in material and workmanship for a period of one (1) year from the date of shipment of the Product by WMNA to Buyer;

(ii)	Parts: New replacement parts manufactured by WMNA shall be free of defects in material and workmanship for a period of one (1) year from the date of shipment of the part by WMNA to Buyer;

(iii)	Repaired Parts: Parts for Products or subassemblies of Products which are repaired by WMNA shall be free of defects in material and workmanship for a period of three (3) months from the date of shipment of the repaired item to Buyer; and

(iv)	Refurbished Products or Subassemblies: Products or subassemblies of Products which are refurbished by WMNA due to ordinary wear and tear shall be free of defects in material and workmanship for a period of three (3) months from the date of shipment of refurbished Products or subassemblies.

(b)	Any Product, part, repaired part or refurbished Product or refurbished subassembly which is or becomes defective during the warranty period shall be replaced by WMNA free of charge, F.O.B. Madison, Wisconsin, or a repair facility designated by WMNA, provided that (i) written notice of such defect is given by Buyer to WMNA as soon as the defect is discovered, (ii) the Product is operated in accordance with the conditions for which it was designed, (iii) no alterations or substitutions are made in the Product by Buyer, (iv) if requested by WMNA, the part or Product to be repaired or replaced is returned to WMNA at Buyer's expense after having received WMNA's written authority to do so, and (v) any parts or Products which are contaminated
with a hazardous chemical are first decontaminated to WMNA's satisfaction.

(c)	No payment or allowance will be made to Buyer for repairs or alterations made to the equipment by Buyer or by others at Buyer's direction, unless WMNA's prior written approval is obtained.

(d)	WMNA does not warrant components of WMNA Products, which are not manufactured by WMNA. Non-warranted items include, but are not limited to, electric motors, gear reducers, "V" belt drives, other drives, couplings, mechanical seals, valve actuators, solenoid valves, limit switches, and proximity switches, etc. Any warranty provided by the manufacturer or supplier of such components shall be and hereby is assigned by WMNA to Buyer
without recourse.

LIMITATION OF DAMAGES FOR BREACH OF WARRANTY: WMNA's liability for breach of warranty shall not exceed an amount equal to the purchase price paid by Buyer. WMNA shall not be responsible for any indirect or consequential damages arising out of any breach of warranty. The assertion by Buyer of a breach of warranty by WMNA shall not entitle Buyer to withhold or deduct any amount from sums owed by Buyer to WMNA. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11EXCLUSIVE WARRANTIES:

THE FOREGOING WARRANTIES FOR PRODUCTS, REFURBISHMENTS AND PARTS ARE EXCLUSIVE AND THERE ARE NO OTHER WARRANTIES BY WMNA, EITHER EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION BY ANY SALES REPRESENTATIVE, DISTRIBUTOR, SALESMAN, OR EMPLOYEE OF WMNA SHALL ALTER OR AMEND THE LIMITED WARRANTIES UNLESS SUCH ALTERATION OR AMENDMENT IS CONTAINED IN A WRITTEN PROPOSAL, LABELED "WARRANTY" AND SIGNED BY AN AUTHORIZED OFFICER OF WMNA. IF PERFORMANCE IS QUOTED BY WMNA, IT WILL BE BASED ON ITS EXPERIENCE AND WILL BE SUCH AS WMNA WOULD EXPECT TO OBTAIN ON A TEST BUT SUCH QUOTATION DOES NOT CONSTITUTE A WARRANTY AS TO PERFORMANCE.

TAXES TO BE PAID BY BUYER: Sales tax, personal property tax, use tax, excise tax or other taxes, imposed by federal, state or municipal authority (but not any tax based on WMNA's taxable income) and incurred by WMNA through performance of its contract with Buyer shall be charged to Buyer's account as such charges are in addition to the prices listed in any quotation and in the contract and shall be paid by Buyer.

AUXILIARY EQUIPMENT OF BUYER: WMNA shall not be liable for loss or damage to any of Buyer's auxiliary equipment and/or other goods which may be in WMNA's possession in connection with manufacturing, assembling, refurbishing and repairing Products for Buyer.

NATURE OF DRAWINGS AND DESCRIPTIVE MATERIALS: All illustrations, drawings, and similar descriptive materials which may accompany WMNA's quotations and contracts or which may be contained in WMNA's current descriptive literature or advertisements are an approximate representation only of WMNA Products and shall not constitute contractual commitments of WMNA unless the quotation and the contract expressly provide to the contrary. All weights, measurements, process capacities and other particulars of the WMNA Products are submitted in good faith as being approximately correct. Minor deviations therefore shall not invalidate or breach the contract nor be made the basis of any claim by Buyer against WMNA. A maximum of six (6) prints and/or one (1) sepia and six (6) sets of operation and maintenance instructions will be furnished at no charge. For each additional print, a charge of $3.00 will prevail; for each additional sepia $10.00, for each additional set of operation and maintenance instructions $6.00, and for each mylar reproducible $15.00. Special drawing sizes and/or specifications are subject to quotation at time of request. WMNA reserves the right to change or modify the design and construction of any equipment in order to incorporate improvements or to substitute material equal or superior to that originally specified.

CONFIDENTIALITY: All of WMNA's drawings, specifications and written information included in WMNA's quotation and contract, and all information otherwise supplied by WMNA to Buyer relating to the capabilities, operation, and maintenance of WMNA Products is the confidential property and information of WMNA. Buyer covenants and agrees to not disclose such confidential property and information to others or allow others to use such property and information without WMNA's prior written consent, except as may reasonably be required for Buyer to obtain service for the Products purchased from WMNA.

SAFETY DEVICES; RESPONSIBILITY OF WMNA AND BUYER: Only such safety guards and devices for WMNA Products as are specified in the quotation and contract shall be furnished by WMNA. Any other safety guards and devices required by law or desirable due to the nature of the Product or Buyer's operation of the Product shall be the responsibility of Buyer at its expense. Buyer shall indemnify and hold WMNA harmless from any and all claims and demands made against WMNA and from all costs and 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11expenses including attorneys' fees incurred by WMNA as a result of such claims and demands, which claims and demands arise from the failure of

Buyer to use WMNA's Products properly or to install and use appropriate safety guards and devices.

RESOLUTION OF DISPUTES: In the event a dispute shall arise between WMNA and Buyer regarding the contract or these General Conditions of Sale, either WMNA or Buyer may request that the dispute be submitted to mediation and conciliation which shall be conducted following the commercial mediation rules of the American Arbitration Association, provided that the parties may agree to conduct such mediation and conciliation independent of the American Arbitration Association. If such a request for mediation and conciliation is made by either party, both parties shall cooperate in good faith during the process, and until the process has been completed, neither party shall litigate the issues in a court of law. If the mediation and conciliation process has not resolved the dispute to the mutual satisfaction of the parties within three (3) months from the commencement process, either party may declare that the process is terminated and, upon such termination, the parties may pursue appropriate legal remedies.

COMPLIANCE WITH WAGE AND HOUR LAW: All products and services covered by this quotation will be produced in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all invoices will carry the following certificate:

"Seller represents that with respect to the production of the articles and/or the performance of the services covered by this invoice, it has fully complied with Section 12(a) of the Fair Labor Standards Act of 1938, as amended."

APPLICABLE LAW: These terms and conditions of sale shall be construed and applied in accordance with the laws of the State of Wisconsin. 

### Weir Minerals North America

2701 S Stoughton Rd Madison WI 53716 Tel: 608 221 2261 Fax: 608 221 5810 www.weirminerals.com

Printed on 4/12/11