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17-1127_RICH CONSTRUCTION, INC._Preliminary NoticeCALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTIONS 8034(a),81 02, 8106 -8118, 8200 ET SEQ. OF THE CALIFORNIA CIVIL CODE, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR . NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL , if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction . project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. CONSTRUCTION YOU ARE HEREBY NOTIFIED THAT LENDER or REPUTED CONSTRUCTION LENDER Corix Water Products (US) Inc. {name an d address of person or firm furnishino labor , services, equipment or material) (Name and address) 3750 Bassett Street NON E REPORTED Sante. Clara, CA 95054 has furnished or will furnish labor, services, equipment or material of the following general description Water works , materials , pipe , fittings and appurtenances Construction loan no. (general description of the labor, services, equipment or material furnish ed or to be furnished ) (if known) OWNER , REPUTED OWNER for the building, structure or other work or improvement located at: or PUBLIC AGENCY (include street address or legal description of site) Riding Park Water & Sewer, corner of La Pata & Ortega Highway, City of San Juan Capistrano. CA (Name and address) City of San Juan Capistrano The name of the person or firm who contracted for the purchase of such labor, 32400 Paseo Adelanto services, equipment or material is: San Juan Capistrano , CA Rich Construction Inc . 92675 24480 Jenny Lane Murrieta, CA 92562 DIRECT CONTRACTOR or An estimate of the total price of the labor, services, equipment or material REPUTED CONTRACTOR furnished or to be furnished is: $25,000.00 Name Address Rich Construction Inc. 24480 Jenny Lane Murrieta, CA 92562 I CORIX TERM S AND CONDITIONS 1. APPUCATION. The following teJms arid conditiolls ("Terms arid Condilloos1 apply 1o each supply by Corix loa Purchaser of goods . materials or equipment (colleC!Nelyarld indMdual!y·Gooclsl and all associateli instaflation services pe~ormed by Corix, ij any ("SeJVIces1. The Tei!TlSBJid Conditions supe!Sede aillelms 8/ld conditions pfOYidfd by Purehaser and all prellious agreemenls, offers arid proposals re!aUng to Goods and Services , whether om! or written . No e~cepllon to. amendme~~ va!latlon or supp!ementalion of ll'oe Terms. and Cood'rtions will be valid except as· expressl'/ agreed by Corix in a current wrinen order, quota~on or oontrad pertaining lo a particular order of Goods or S91Vices. All clerical em~rs are subject to oorredioo by Corix. 2. QRQE.!§. All orders f01 Goods and Se rvices are S1Jbject to accepl.ance by Corix. Placement or an Olller constitutes full acwptance by Purchaser or tile Teems and Conditions and creates a binding oonlmct be !Ween Purthaser and CoriX on !hat basts_ 3. PRICE AND PAYM"NT. CoriX's pnl'lailing prices 10! Goods aJld Se.'Vlces at tile time of shipmen! or lnstalla~on. as !he case may be, will appl~, except as otherwise provided In a Wriilen older, quotation or conllact. Quoted prices automalk:ally expln! 30 days from ~date of issuance Of on such other date as provided In a written order, quotat!on or conllact and relleel Goods being provided FCA (lncoterms 2000) CoriX warehouse ln acoordaf1(:9 With ~n 6 belcw. ~t as olherwi se expressly pro'lided in a wr!nen order, quotatioo or conllact. Purchasel will bear and pay aU costs associated With ship;>ing and a' I other =ts assoCU!ted wlthaoy change In shipping or installation dates for Goods and Servlces,lnduding but nol llmlted to ~e cos!s , ilai1SPDit!tlon costs fmdu dlng all appbcable tnJc!( standby and off·inading charges) and oosls chalged by material suppl'terS . CoriX may , in lls sole dlscl'elion, !13Q\llm advance payrneot or security for Goods and Services. Where advance payment Is not required , Goods and Servk:es will be Invoiced at the time of sh ipment or Installation , as applicable . Goods held In fat1Dl'f or otherwise b!!yond !he scheduled sh ipp ing or completion date at the requast of Purd1aser will be Invoiced on dale or completion or shipping , as applk:able . Payinenl terms are net 30 days from !he invo1ca date_ Purd1aw wm '101 sat off any amoiJnt owing by Purdlaser to Conx egamsr any otllef amount wllatsoever. CoriX may, in its sere discretion , set off or o~rwise apply Pufchaser's payment against any amounts owing by Purcllase r. Purchaser will pay interest on awrdoo accounts at the rail! stipulated on the face of the invoice, or if no rate is stlpilleted , at a rate equal to !he lesser of: (a) 2'.4 per month {a compounded rate of 28 .8% per annum . calculated monthly); and (b) !be maximum legal Interest rate . 4. FAILURE TO PAY. If PU!thaser fails !o pay CoriX In accordance ~th the Terms and Condltiolls, or olherwlse lalts to comply Wiill any part hereof, Corix may. In lls sole discretion (and In addition to any o~r legal remedies It may !lave) make a lien on Goocfs or any poruon !hereof andlor cancel any unfulfilled ponlon of lhe order. Purchaser will remain liable for all unpaid accounts, plus Interest as wail as all costs lnCUired by Corix to collet~ olllstal)d lng aocounls , lncludlng costs on a soliCitor and own dlenl basis 5. DESIG N AND SPEC IFICATION CHANGES; ACTUAL WEIGKT AND DIMENSIONS. Designs and speci!icaticns of Goods as lis!ed in CoriX's catalogues, spedfication sheets and mar!:ebng materials (collecllvely, "Goods Mat.erial1 are subject to change wltholrt nollce. Witlloutllmiting the generality of the foregoing, Shipping weights and dlmensl!lns of Goods are not guaranteed Cori~ YoiU not ln any way be responsible for any disetepancy be!Wiii!n actual weight and/or dimensions of Shipped Good$ and the welglllS and dime.nslons listed in Goods Material 6. SH IPPIN G AND PACKING. All Goods 1'1111 be pa~ approprfa!Bly for shipment at1d will be provideli FCA (l nootenns 2010) Conx ware~ouse, Quoted prices Include regtJiar packing. Special requirements for packing wil l be subject to extra charges. Corix will not in any way be responsible for any loss, delay or breakage of Goods where the applicable carrier has confirmed receipt of Goods in good order. Any claim for breakage, loss, delay or damage of Goods is to be made to the carrier. Corix will provide reasonable assistance to Purchaser in securing adjustment of any such claims . In the absence of express directions by Purchaser, Goods will be shipped by the method and carrier that Corix selects 7. CANCELLATION. No order may be cancelled or changed (in respect of specifications, shipping or installation dates or otherwise) except with Corix's written consent and Purchaser's agreement to compensate Corix for all additional expenses and other losses incurred in connection therewith . 8. FORCE MAJEURE. If Corix becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations hereunder, Corix may, in its sole discretion , elect to: (a) suspend the obligations affected by the event of Force Majeure during the continuance of that inability or (b) cancel any order (in whole or in part) or change the shipping or installation dates Corix will take reasonable steps to mitigate the Force Majeure and shall not be liable in any way for any delay or non·performance of its obligations hereunder as a result of Force Majeure . Force Majeure will not relieve or release Purchaser from its payment obligations under the Terms and Conditions , "Force Majeure" means an event beyond the reasonable control of Corix, including, without limitation, acts of God, earthquake, tsunami, storm, washout, landslide, avalanche or other extreme weather conditions, fire, flood, vandalism, explosions, strikes, lockouts or other industrial disturbances, unavailability of any goods, materials or equipment , acts of the Queen's or public enemies, wars, blockades, insurrections, riots, arrests , restraints or other civil disturbances , epidemics , restraints or prohibitions by any court or governmental board, department. commission or agency, and new or amended laws, and all other events of a similar nature which affect Corix, its suppliers and/or subcontractors . 9. GOODS WARRANTY. Subject to the provisions of this Section 9, Corix will, within the 12 month period following the date of shipment or installation (as applicable) of new Goods, replace or repair defective Goods~ such defect was caused direcUy by defective workmanship or materials of CoriX, pro'lided CoriX will not be responsible in any way for any defect that results hom Purchasefs improper installation , removal, use or handling of such Goods , from any attempt to operate sucll Goods above rated pressure, capacity or voltage (whether intentional or not), from any unauthorized repair or adjustment of Goods by or on behalf of Purchaser, or from any other cause whatsoever beyond the control of Corix. The foregoing warranty is subject to: (a) Purchaser promptly (and prior to returning any Goods to Corix) notifying Corix in writing of any defect in Goods and all pertinent details and information, and (b) in Corix's sole discretion, onsite inspection of Goods by Corix prior to any removal of Goods. In all applicable cases, Purchaser will include a Material Safety Data Sheet and a Corix issued warranty return authorization number with Goods returned to Corix pursuant to the warranty set out in this Section 9. Retumed, defective Goods under warranty will be replaced or put in operating condition by Corix, free of charge except transportation charges, and such repair or replacement will satisfy all obligations of Corix to Purchaser in respect of such defective Goods All costs associated with repairs made by Corix outside of the parameters of this warranty or the applicable warranty period will be borne solely by Purchaser. THIS WARRANTY IS EXCLUSIVE , COR IX EXPRESSLY DISCLAIMS, AND PURCHASER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER ORAL OR WRITTEN, IMPLIED OR STATUTORY IN RESPECT OF GOODS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE . Notwithstanding the foregoing, where Corix is not the manufacturer of Goods, Purchaser's sole recourse for defective Goods will be to the manufacturefs express warranty, if any. 10. SERVICES WARRANTY. Corix will perform Services in a professional manner consistent with applicable industry standards . Except as otherwise provided in a written order, quotation or contract, Corix will, within the period of 30 days following the dale of installation of Goods, repair any defective workmanship in Services . THIS WARRANTY IS EXCLUSIVE. COR IX EXPRESSLY DISCLAIMS, AND PURCHASER EXPRESSLY WAIVES, ALL OTHER WARRANTIES , REPRESENTATIONS AND GUARANTEES, WHETHER ORAL OR WRITIEN, IMPLIED OR STATUTORY IN RESPECT OF SERVICES OR ANY PORTION THEREOF , INCLUDING WITHOUT LIMITATION , ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE _ 11 . RETURNS. No return of Goods will be accepted without Corix's specific, prior written approvaL In no case will cred~ or a refund be issued for any size or design of Goods other tllan CoriX's regular line, !lien in active demand , Obsolete or specially manufactured Goods will only be accepted by Corix for credit or a refund to the extent of their value to Corix (as determined by Corix). Credit or refund will be based on prices prevailing at the time of return, or the invoiced price, whichever is lower, subject to a minimum restocking fee, deductions for handling and any additional expenses incurred in restoring such returned Goods to salable condition , No credit or refund ~II be issued to anyone other than the original Purchaser. Freight on authorized returns must be prepaid to Corix's designated receiving poinl 12. INTELLECTUAL PROPERTY. All jigs, fixtures, dies , tools and patterns used in the manufacture or supply of Goods will at all times be and remain the sole property of Corix, regardless of whether any costs related thereto are paid by Purchaser No copyrights, patents, trademarks or any other intellectual property rights are assigned to Purchaser hereunder. Corix shall own or continue to own all intellectual property used or created in connection with Goods or Services. This Section 12 shall survive termination of the Terms and Conditions , 13. SUBCONTRACTING; ASSIGNMENT. Corix may subcontract performance of Services or any part thereof without the need for notice to or consent of Purchaser. Purchaser may not assign, transfer or delegate any of its rights or obligations under the Terms and Conditions and will at all times remain liable to Corix for the full purchase price of Goods and Services . Corix will not be bound by any purported transfer to a third party of any part of such liability. 14. LIMITATION OF LIABILITY. Corix disclaims any liability or responsibility for: (a) Purchaser's calculations, drawings, plans or specifications or for Corix's interpretation thereof, or (b) any loss or damage resulting from Purchasers failure to abide by warnings, safety instructions or other precautionary guidelines relating to Goods and Services Notw~hslanding any other provision of lhe Terms and Conditions, Corix will not be liable for: (a) any special, indirect, consequential or incidental damages of Purchaser or any third party whatsoever, including without limitation compensa~on for lost profits or revenue, labour costs, or failure to realise expected savings, or (b) any amount in excess of the total price for Goods and Services provided under the relevant order, quotation or contract, arising in any way in connection with the supply, repair or replacement of Goods and Services, including without limita~on any failure by Corix to meet any specified shipping date or any condition set forth in the Terms and Conditions, or any negligent act or omission. This Section 14 shall survive termination of the Terms and Conditions . 15. CLAIMS. Except for warranty claims under Sections 9 and 10 which shall be made within the limelines set out therein, all claims under the Terms and Conditions or in connec~on with Goods or Services must be made within 90 days of the invoice date for such Goods or Services. 16. INDEMNIFICATION. Purchaser agrees to defend, indemnify and hold harmless Corix from and against all claims, liabilities, demands, damages, losses, costs and expenses, at law or in equity, of every kind and nature whatsoever (collectively, "Losses"), to the extent arising out of the use of Goods, except to the extent such Losses arise out of a breach of the Terms and Conditions by Corix. This Section 16 shall survive termination of the Terms and Conditions. 17. TAXES. All taxes and duties of any nature whatsoever arising out of or now or hereafter levied in respect of Goods or Services or any part thereof will be added to the quoted price or invoice for Goods and Services and borne and paid solely by Purchaser. If Corix is required to pay any such taxes or duties in respect of Goods and Services, Purchaser will promptly reimburse Corix for same Purchaser will provide to Corix at the time it places an order all applicable exemption certificates and other documents that may be accepted by a tax or customs official in lieu of such taxes and duties . 18. APPLICABLE LAW; COMPLIANCE. The Terms and Conditions and the respective rights and obligations of Purchaser and Corix hereunder are governed by and will be construed according to the laws of the jurisdiction of the Corix location from which Goods are shipped. Corix will in no way be responsible or liable for any import duties , laws, regulations or taxes imposed by any foreign country in respect of Goods . The parties expressly agree that the United Nations Convention on Conlmcts for the lntemational Sale of Goods will not apply to the Terms and Conditions or to their relationship Purchaser agrees to comply with all laws and regulations applicable to the purchase, lmnsport, use. storage, sale , lease and/or disposal of any Goods purcllased hereunder, including, without limitation , to the extent applicable, the U.S Export Adminislmlion Act and all regulations thereunder. 19. WAIVER . No delay or failure by Corix to exercise any provision of the Terms and Conditions shall be construed or shall operate as a waiver thereof. No waiver of a provision of the Terms and Conditions or of any breach by Purchaser of its obligations hereunder shall be effective unless made in writing . Such a waiver shall not be deemed to constitute a waiver of any other provision of the Terms and Conditions. 20. SEVERABILITY. In the event any provision of the Terms and Conditions is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Terms and Conditions and replaced automatically by a provision containing terms as neariy like the void, unlawful, or unenforceable provision as possible; and the Terms and Conditions, as so modified, will continue to be in full force and effect Corix US Terms and Conditions (May 2012) c r1x @; Water Products NOTICE TO PROPERTY OWNER 19900 84 Avenue Langley, B.C. V2Y 3C2 T 604.455 .3505 F 604.455 .3523 Toll Free 1.800 .665.2134 www.corix.com IF BILLS ARE NOT PAID IN FULL FOR THE LABOR , SERVICES , EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING . FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. Dated : 11/27/2017 Telephone No.: License No.: ANCH MANAGER (title) This form is intended to meet the requirements of California law as of September 1, 2003. To be effective, this preliminary notice must be properly served . FOLLOW THE INSTRUCTIONS ATTACHED HERETO. PROOF OF SERVICE AFFIDAVIT I , TIFFANY FAREKIAN (check appropriate box) declare that I served copies of the above PRELIMINARY NOTICE a. ( ) By personally delivering copies to (name(s) and title(s) of person served at on {date) 20 at m . {time) b. ( X ) By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above, and on the attached service list (if applicable), on 11/27/2017 I declare under penalty of perjury that the foregoing is true and correct. Signed at, PERRIS California, on ___:_11.:.:./=27.:...:/.=2.:::.0..:..17:....._ ____________ _ ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED. CORIX TERMS AND CONDITIONS 1. APP L!CA110 N. Tre lollol'llng ~etms and condition~ ("Te= and Collditions 1 apply ill each supply by Cori~ !o a Purc!:aser of goods, matellals or equipment (col leaively and fndhoidua lly "Goods1 al'l:l all associli ted ins 1allalion saiVIces performed by Corix, if any ("Servlce:s 1-The Terms and CQqdillcns supe!SOO e alllerms and ilOOd ilions provided by Purchaser and all ptevlo!.G agre emenls, olfem and pro posals relatlng 10 Goods and Se rvites. whether oral or 1'1llHen. No e.<ce;>tion lo. amendmen~ vanatioo or supplemen!alion of Ill! rooma and Collditlon s wi ~ be val!d e~cept as ex)lfessly agreed by Corix In a current wri tten order , quola licm or oo nlra·d perlnlnii!Q to a particula O(d!;t or Goods or SO!Mr.es. All derioal euo rs are ~ubjed to conec'Jon by Co rix.. 2. ORDERS , All ord ers l or Goods and Se rvices are subject to aco=ptl!nca by Corix. Place me nt of an order oo n$Jih.'les lul l acreplarlce by Pim:hase r ol tna Terms and Cooditions and Cfe~les a bi ndi ng cootracl be~·~een Purthaser and ~on that basis 3. PRICE AND PAYMENT. C Drix'~ prevailing prices lor Goods and Services a! the time or !hl pme nt or Installation , as the case 11\ay be , Will apply, e~cep t as otheMsa pro \lid ed In a writte n order, quotation or conlract . QIJoted pri ces autolnatJcalt y e.xplre 30 days 110111 the da te of Issuance or on such other dale as pro vided In a 1vritten order, qlio tation or contra ct and 111~ect Goods tr.e lng prol/ldea fCA (lnoo lams 2000 ) Corix warehoose In accordance with Secti on 6 below. Exce~l as olherwlse expressly provided In a wnl1en order , quolation 01 contn!Cl, Purcl\a ser wtl l bea r and pa.y all cosls associli ted wlth shl p!)lng and all othe r coa•.s associa tsd with any change in shi ppi fl9 or installation dates fo r Goods and Servic es . inc lud ing but not limi ted to s!O!ag e oos!s , transportation costs Ontludlog al l appl ica ble trucll sta ndby and off-!Oildl11[ charg es ) and oosls charged b-J material suppllern, Co nx may, in 1ls scle discretion, req ui re ad vance pa yme nt or st'l:ll rity fo r Goods and Se rvi res . Whe re advance payme nt is nol req ul red , Goods and Services will be Invoiced al lhe tone of shipmen t or Install atio n, as applicable . Goods held 1o facto ry or otlle rwl se beyond the sched uled -shippi ng or comple tion date at tile request of Purcllasar vn11 be 1nvtm:ed .on date of compl etion or shipping . as applicable. Paymen llenns are net 30 days from the Invo ice date. Pun:haser will not set oil any amou nt owing by Pu~Gtl asar to Corix ag ains t any othe r amount whalsoeve<. Corix may, in 1ts sole d'~SC~e lioo , set off or olherwise apply P~rchase~s payment against any amotm\s owi og by f'urellaso.r. Purthaser will pay Interest on overdue at oouniS alll]e rata sti pulated an lhe raoo a! lhe ii\VC [CO , Ill ij no rate Is stipulat ed , at a rate equa l to the lesser of: (a) 2% per mooth (a compounded rate of 26.8% per a nn~m . calwlated mo nthly); and (b) lile ~i m um lagai lnlere5l rate 4. FAILURE TO PAY. If Purchasetla!ls 10 pay Corix in accorda nce wltll the Terms and Condition s, or othelwlse falls to comply wi:h any part heleof, Co rtx may, In its sole discnl tion (and in add ition to any other legal rernedil>s ll may have) ma ~a a lien on Goods or any portkln thereof and/or canoel any un !Uim led portion of the on!e r. Purchase r will rema in Uabla lor all unpaid acoou nts , pi us interes~ as wel t as all costs iflcum!d by Cortx to -collect o-utstanding aocoon ts, indotling costs on a so licitor and t>Vm d lan t b8sis.. 5. DESIGN AND SPECiflCATJON CHANGES : ACTUAL WEIGHT AND DIMENSIONS. Desig ns arK! speciti calf OI\5 ol Good s a_s li sted in Corlx's catalogues , s peal'~ta Uon sheets and mall<e ting f!lllterlals (co~ectlvely, 'Goods Mal! rial / are subject to change without notice . W~hovl rt ml ting the geoerafo ty of llle f01~1ng , s h 1 pp~ng wrughts and dlmen slans a! Goods are not guaranteed . Coli~ 1vlil not m any way be respons ible. !or any discrnpancy betwee n aotua l 1vejghl and/or dimensions of shipped Goods an d Uis wailf'nls and dimens~ans listed m Good s Malarial 5. SHIPPING AND PACKING. All C-oods YA~ be packed appropriately for sh lpme nl and wiU be proVIded FCA (lnoo lermG 20 10) Corb: warehouse . Ouo ied pri= lndude regular pac king . Special requlfEments for pa.t:ki ng will be subject to extra charges , Corix will not in any way be responsible lor any loss, delay or breakage of Goods where the applicable carrier has confirmed receipt of Goods in good order. Any claim for breakage, loss, delay or damage of Goods is to be made to the carrier. Corix will provide reasonable assistance to Purchaser in securing adjustment of any such claims . In the absence of express directions by Purchaser, Goods will be shipped by the method and carrier that Corix selects . 7. CANCELLATION. No order may be cancelled or changed (in respect of specifications, shipping or installation dates or otherwise) except with Corix's written consent and Purchaser's agreement to compensate Corix lor all additional expenses and other losses incurred in connection therewith , B. FORCE MAJEURE. If Corix becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations hereunder, Corix may, in its sole discretion, elect to: (a) suspend the obligations affected by the event of Force Majeure during the continuance of that inability or (b) cancel any order (in whole or in part) or change the shipping or installation dales. Corix will take reasonable steps to mitigate the Force Majeure and shall not be liable in any way for any delay or non-performance of its obligations hereunder as a result of Force Majeure , Force Majeure will not relieve or release Purchaser from its payment obligations under the Terms and Conditions. "Force Majeure" means an event beyond the reasonable control of Corix, including, without limitation, acts of God, earthquake, tsunami, storm, washout, landslide, avalanche or other extreme weather conditions, fire, ftood, vandalism, explosions, strikes, lockouts or other industrial disturbances, unavailability of any goods, materials or equipment, acts of the Queen's or public enemies, wars, blockades, insurrections, riots, arrests, restraints or other civil disturbances, epidemics, restraints or prohibitions by any court or governmental board, department, commission or agency, and new or amended laws, and all other events of a similar nature which affect Corix, its suppliers and/or subcontractors . 9. GOODS WARRANTY. Subject to the provisions of this Section 9, Corix will, within the 12 month period following the date of shipment or installation (as applicable) of new Goods, replace or repair defective Goods if such defect was caused direc~y by defective workmanship or materials of Corix, provided Corix will not be responsible in any way for any defect that results from Purchaser's improper installation, removal, use or handling of such Goods, from any attempt to operate such Goods above rated pressure, capacity or voltage (whether intentional or not). from any unauthorized repair or adjustment of Goods by or on behalf of Purchaser, or from any other cause whatsoever beyond the control of Corix The foregoing warranty is subject to: (a) Purchaser promptly (and prior to returning any Goods to Corix) notifying Corix in writing of any defect in Goods and all pertinent details and information, and (b) in Corix's sole discretion, ensile inspection of Goods by Corix prior to any removal of Goods . In all applicable cases, Purchaser will include a Material Safely Data Sheet and a Corix issued warranty return authorization number with Goods returned to Corix pursuant to the warranty set out in this Section 9. Returned, defective Goods under warranty will be replaced or put in operating condition by Corix, free of charge except transportation charges, and such repair or replacement will satisfy all obligations of Corix to Purchaser in respect of such defective Goods . All costs associated with repairs made by Corix outside of tile parameters of this warranty or the applicable warranty period will be borne solely by Purchaser. THIS WARRANTY IS EXCLUSIVE . COR IX EXPRESSLY DISCLAIMS, AND PURCHASER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER ORAL OR WRITTEN, IMPLIED OR STATUTORY IN RESPECT OF GOODS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding the foregoing, where Corix is not the manufacturer of Goods, Purchaser's sole recourse for defective Goods will be to the manufacturer's express warranty, if any 10. SERVICES WARRANTY. Corix will perform Services in a professional manner consistent with applicable industry standards , Except as otherwise provided in a written order, quotation or contract, Corix will, within the period of 30 days following the date of installation of Goods, repair any defective workmanship in Services . THIS WARRANTY IS EXCLUSIVE, COR IX EXPRESSLY DISCLAIMS, AND PURCHASER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER ORAL OR WRITTEN, IMPLIED OR STATUTORY IN RESPECT OF SERVICES OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. RETURNS. No return of Goods will be accepted without Corix's specific, prior written approva l. In no case will credit or a refund be issued for any size or design of Goods other than Corix's regular line, tllen in active demand . Obsolete or specially manufactured Goods will only be accepted by Corix for credit or a refund to the extent of their value to Corix (as determined by Corix). Credit or refund will be based on prices prevailing at the time of return, or the invoiced price, whichever is lower, subject to a minimum restocking fee, deductions for handling and any additional expenses incurred in restoring such returned Goods to salable condition . No credit or refund will be issued to anyone other than the original Purchaser. Freight on authorized returns must be prepaid to Corix's designated receiving point. 12. INTELLECTUAL PROPERTY. All jigs, fixtures, dies, tools and patterns used in the manufacture or supply of Goods will at all times be and remain the sole property of Corix, regardless of whether any costs related thereto are paid by Purchaser. No copyrights, patents, trademarks or any other intellectual property rights are assigned to Purchaser hereunder. Corix shall own or continue to own all intellectual property used or created in connection with Goods or Services . This Section 12 shall survive termination of the Terms and Conditions 13. SUBCONTRACTING: ASSIGNMENT. Corix may subcontract performance of Services or any part thereof without the need for notice to or consent of Purchaser. Purchaser may not assign, transfer or delegate any of its rights or obligations under the Terms and Conditions and will at all times remain liable to Corix lor the lull purchase price of Goods and Services , Corix will not be bound by any purported transfer to a third party of any part of such liability. 14. LIMITATION OF LIABILITY. Corix disclaims any liability or responsibility for: (a) Purchaser's calculations, drawings, plans or specifications or for Corix's interpretation thereof, or (b) any loss or damage resulting from Purchaser's failure to abide by warnings, safely instructions or other precautionary guidelines relating to Goods and Services. Notwithstanding any other provision of the Terms and Conditions, Corix will not be liable lor: (a) any special, indirect, consequential or incidental damages of Purchaser or any third party whatsoever, including without limitation compensation lor lost profits or revenue, labour costs, or failure to realise expected savings, or (b) any amount in excess of the total price for Goods and Services provided under the relevant order, quotation or contract, arising in any way in connection with the supply, repair or replacement of Goods and Services, including without limitation any failure by Corix to meet any specified shipping date or any condition set forth in the Terms and Conditions, or any negligent act or omission. This Section 14 shall survive termination of the Terms and Conditions 15. CLAIMS. Except lor warranty claims under Sections 9 and 10 which shall be made within the timelines set out therein, all claims under the Terms and Conditions or in connection with Goods or Services must be made within 90 days of the invoice date lor such Goods or Services . 16. INDEMNIFICATION. Purchaser agrees to defend, indemnify and hold harmless Corix from and against all claims, liabilities, demands, damages, losses, costs and expenses, at law or in equity, of every kind and nature whatsoever (collectively, "Losses"), to the extent arising out of the use of Goods, except to the extent such Losses arise out of a breach of the Terms and Conditions by Corix. This Section 16 shall survive termination of the Terms and Conditions 17. TAXES. All taxes and duties of any nature whatsoever arising out of or now or hereafter levied in respect of Goods or Services or any part thereof will be added to the quoted price or invoice for Goods and Services and borne and paid solely by Purchaser. If Corix is required to pay any such taxes or duties in respect of Goods and Services, Purchaser will promptly reimburse Corix for same , Purchaser will provide to Corix at the time it places an order all applicable exemption certifiCl!tes and other documents that may be accepted by a tax or customs official in lieu of such taxes and duties. 18. APPLICABLE LAW: COMPLIANCE. The Terms and Conditions and the respective rights and obligations of Purchaser and Corix hereunder are governed by and will be construed according to the laws of the jurisdiction of the Corix location from which Goods are shipped. Corix will in no way be responsible or liable for any import duties, laws, regulations or taxes imposed by any foreign country in respect of Goods. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Terms and Conditions or to their relationship . Purchaser agrees to comply with all laws and regulations applicable to the purchase, transport, use, storage, sale, lease and/or disposal of any Goods purchased hereunder, including, without limitation, to the extent applicable, the U.S. Export Administration Act and all regulations thereunder 19. WAIVER. No delay or failure by Corix to exercise any provision of the Terms and Conditions shall be construed or shall operate as a waiver thereof, No waiver of a provision of the Terms and Conditions or of any breach by Purchaser of its obligations hereunder shall be effective unless made in writing Such a waiver shall not be deemed to constitute a waiver of any other provision of the Terms and Conditions . 20. SEVERABILITY. In the event any provision of the Terms and Conditions is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Terms and Conditions and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Terms and Conditions, as so modified, will continue to be in full force and effect, Corix US Terms and Conditions (May 2012) CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTIONS 8034(a),81 02, 8106 -8118, 8200 ET SEQ. OF THE CALIFORNIA CIVIL CODE, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR . NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL , if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction . project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. CONSTRUCTION YOU ARE HEREBY NOTIFIED THAT LENDER or REPUTED CONSTRUCTION LENDER Corix Water Products (US) Inc. {name an d address of person or firm furnishino labor , services, equipment or material) (Name and address) 3750 Bassett Street NON E REPORTED Sante. Clara, CA 95054 has furnished or will furnish labor, services, equipment or material of the following general description Water works , materials , pipe , fittings and appurtenances Construction loan no. (general description of the labor, services, equipment or material furnish ed or to be furnished ) (if known) OWNER , REPUTED OWNER for the building, structure or other work or improvement located at: or PUBLIC AGENCY (include street address or legal description of site) Riding Park Water & Sewer, corner of La Pata & Ortega Highway, City of San Juan Capistrano. CA (Name and address) City of San Juan Capistrano The name of the person or firm who contracted for the purchase of such labor, 32400 Paseo Adelanto services, equipment or material is: San Juan Capistrano , CA Rich Construction Inc . 92675 24480 Jenny Lane Murrieta, CA 92562 DIRECT CONTRACTOR or An estimate of the total price of the labor, services, equipment or material REPUTED CONTRACTOR furnished or to be furnished is: $25,000.00 Name Address Rich Construction Inc. 24480 Jenny Lane Murrieta, CA 92562 I