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V---1 DIAMOND ENVIRONMENTAL SERVICES, INC. TERMS AND CONDITIONS The following terms and conditions apply to all tenders, quotations and sale orders placed with Diamond Environmental Services, Inc. ( "Diamond ") except were expressly modified in writing. The placing of an order and /or letter of intent with Diamond shall be deemed to be an unconditional acceptance of these Terms and Conditions which shall supersede any previous agreements, whether oral or in writing, unless expressly provided otherwise in writing. SERVICES Diamond Environmental Services, Inc. shall perform all services in a prompt and workmanlike manner. All services will be carried out during normal business hours, Monday through Friday, unless stated otherwise. CLIENT'S RESPONSIBILITIES The Client shall provide Diamond Environmental Services, Inc. access to all facilities, plans, drawings and equipment owned and /or controlled by the Client which is reasonably necessary in order for Diamond Environmental Services, Inc. to fully perform its services agreed upon herein. USE OF AGENTS OR ASSISTANTS To the extent reasonably necessary to enable Diamond Environmental Services, Inc. to perform the duties under these Terms and Conditions, Diamond Environmental Services, Inc. shall be authorized to engage the services of any agents or assistants and may further employ, engage, or retain the services of any other persons or corporations to aid or assist in the proper performance of the duties. EXPRESS DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS. FORCE MAJEURE In the event that Diamond Environmental Services, Inc. shall be delayed or hindered in, or prevented from, the performance of any work, service, or other act required under any agreement and these to be performed by such party and such delay or hindrance is due to strikes, lockouts, Acts of God, governmental restrictions, enemy act, civil commotion, fire or other casualty, or other causes of a like nature beyond the control of the party so delayed or hindered, then performance of such work, service, or other act shall be excused for the period of such delay and the period for the performance of such work, service, or other act shall be extended for a period equivalent to the period of such delay.