FSS-73 - Advanced Combustion Systems, Inc. - GS07F5637P

Visit our web site at www.acs-acs.com or e-mail us at info@acs-acs.com SINCE 1973

Divisions of ACS, INC.

1999 ALPINE WAY BELLINGHAM, WA 98226 PHONE: (360) 676-6005 FAX: (360) 647-9439

ACS INC. ADVANCED CONTROL SYSTEMS

ADVANCED COMBUSTION SYSTEMS

Schedule Title: Schedule 073 -Food Service, Hospitality, Cleaning Equipment and Supplies, Chemicals and Services FSC Group 72 -Recycling Collection Containers and Waste Receptacles

NAICS Code: 326199

Contract Number: GS-07F-5637P

Contract Period: March 11, 2004 through March 10, 2009

CONTRACTOR: Advanced Combustion Systems, Inc.

1999 Alpine Way Bellingham, WA 98226 360-676-6005 (Phone) 360-647-9439 (Fax)

CONTRACTOR'S ADMINISTRATION SOURCE: Michael Milnes BUSINESS TYPE AND SIZE: Small Manufacturer

INFORMATION FOR ORDERING ACTIVITIES:

AWARDED SPECIAL ITEM NUMBERS (SIN's): 384-99 Introduction of New Services/Products (INSP)

MAXIMUM ORDER: $100,000 per SIN/Order.

MINIMUM ORDER: $100.00

GEOGRAPHIC COVERAGE: Within the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, U.S. Territories, and a port or consolidation point within the aforementioned areas, for orders received from overseas deliveries.

POINT OF PRODUCTION: Bellingham, WA

BASIC DISCOUNT: 2%

QUANTITY DISCOUNT: additional 1% discount is available if qty. two or more of models PC-50, -100, -150, -200, -300, -400, or CA-750, -1000, -1500, -2000, -2500, or -3000 is ordered on one purchase order for delivery to one location.

PROMPT PAYMENT TERMS: Net 30 days (1/2% may be deducted if wire transfer is received at shipment or offer to ship).

TIME OF DELIVERY AFTER RECEIPT OF ORDER (ARO): 30-180 Days

EXPEDITED DELIVERY: Not offered

OVERNIGHT AND 2-DAY DELIVERY: Call for availability and rates

URGENT REQUIREMENT: Please contact us to discuss urgent delivery options.

FOB POINT: Origin (Bellingham, WA)

ORDERING ADDRESS: Same as Contractor

ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's), and a sample BPA can be found at the GSAlFSS Schedule homepage (fss.gsa.gov/schedules). Contractor is to simply include this statement as Item 13b.

PAYMENT ADDRESS: Same As Contractor

WARRANTY PROVISION:

ADVANCED COMBUSTION SYSTEMS, INC.

ONE-YEAR STANDARD WARRANTY

WARRANTY

Advanced Combustion Systems, Inc., Warrants products of its manufacture to be free from defects in material and workmanship of properly installed, maintained, and operated under normal conditions with competent supervision. No person, agent, representative or dealer is authorized to give any warranties on behalf of Advanced Combustion Systems, Inc., nor to assume for Advanced Combustion Systems, Inc., any other liability in connection with any of Advanced Combustion Systems, Inc., products.

This warranty shall extend for one (1) year from date of acceptance, but in no event longer than 18 months from date of shipment. If repairs or replacements are made by the Purchaser without Advanced Combustion Systems, Inc., prior written consent, Advanced Combustion Systems, Inc., warrants shall cease to be in effect. No allowance will be granted for any repairs or alterations made by the Purchaser without Advanced Combustion Systems, Inc., prior written consent.

Machinery, equipment and accessories furnished by Advanced Combustion Systems, Inc., but manufactured by others, are warranted only to the extent of the original manufacturer’s warranty to Advanced Combustion Systems, Inc.

LIABILITY

Advanced Combustion Systems, Inc., agrees at its option to repair at the point of shipment or to replace without charge f.o.b. point of shipment, any part or parts of products of Advanced Combustion Systems, Inc., manufacture, which within the specified warranty period shall be proved to Advanced Combustion Systems, Inc., satisfaction to have been defective when shipped, provided the Purchaser promptly notifies Advanced Combustion Systems, Inc., in writing, of such alleged defect.

Advanced Combustion Systems, Inc., liability to Purchaser, whether in contract or in tort arising out of warranties, representations, instructions, or defects from any cause shall be limited to repairing or replacing of the defective part or parts as aforesaid, f.o.b. point of shipment. Under no circumstances will Advanced Combustion Systems, Inc., be responsible for the cost of labor to install such parts.

No liability whatsoever shall attach to Advanced Combustion Systems, Inc., until said products and associated labor have been paid for.

Except as stated in this section and in the preceding sections titled “Warranty” and except as to title, there are no guarantees or warranties of merchantability, fitness, performance or otherwise, express, implied or statutory, and Advanced Combustion Systems, Inc., shall have no liability for consequential, incidental or other damages, howsoever caused.

DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 068770106

CENTRAL CONTRACTOR REGISTRATION (CCR) STATUS: Valid through 04/09/2009