U.S. Tower, Inc.

Installation and removal of US Tower products. Installing, dismantling and rigging of US Tower, Inc. products requires specialized skills and experience. Information supplied by US Tower assumes that all products will be installed or dismantled by personnel having these skills and having worked with similar products before. No one should attempt to install or dismantle US Tower products without these skills and experience.  U.S. Towers may not be assembled or  installed by consumers, contractors or others not having prior experience in tower construction and erection.  Failure to adhere to these requirements shall void the warranty.

US Tower assumes no liability if faulty or dangerous practices are used. There are available trained and experienced personnel to assist in installation, maintenance and disassembly. Contact your local installer if consultation or assistance is required.

Used Materials. US Tower does not recommend or warrant in any way the use of used materials. The use of used materials voids all warranties as set forth by US Tower because no one knows if the used material has been uisused, overloaded or damaged. If, for some reason, materials are re-used, all new, galvanized, high strength bolt assemblies must be used.

General Precautions. US Tower recommends anti-climb sections on all structures and the removal of lower step bolts to prevent unatuhorized persons from climbing.

Installation and dismantling may require the use of temporary steel guys.

All installations must be grounded per local and national codes.

All types of installations must be thoroughly inspected by qualified personnel and re-marked with hazard and warning labels at least once a year to ensure safety and proper performance.

Based on local, state or federal laws and building codes for your area, it may be necessary for your particular installation to have special items or be given special consideration. If there are any special requirements for your particular installation, be sure to include them in your request for quotation and on your order form. US Tower cannot be responsible for any omission at any time.

Step Bolts. Towers and poles may or may not include step bolts. Step bolts are supoplied as a convenience during contstruction. If your structure has step bolts, the spacing at the section joints may not be consistent with the spacing throughout the structure. If this condition presents any hazard, the step bolts must be removed. For proper safety, US tower recommends a ladder and/or safety-climbing device on towers and poles. US Tower will not be responsible for the use of step bolts. If y ou wish to use step bolts, the responsibility for their use will be totally yours or your customers.

Consumer Warranty. Seller makes no warranty of any kind, expressed or implied, and Buyer assumes all risk and liability resulting from the use of US Tower products, whether used sinularly or in combination with other products.

Seller makes no warranty of merchantability of the products or the fitness of the products for any purpose. Seller does not warrant that any of its towers are suitable for use with any particular wind turbine. Seller neither assumes nor authorizes any person to assume for Seller any other liability in connection with the sale or use of its products sold, and there are no oral agareements or warranties collateral to or affecting any sale.

The invalidity of any particular term of provision of this disclaimer shall not affect the validity of the remaining terms and provisions of the disclaimer and sales agreement.

Good practice is to intall towers away from power lines and obstructions. For your safety and to help you achieve a safe installation, please read and follow the safety precautions below. They may save your life.

1. If you are not experienced in installing or dismantling towers, please seek professional assistance.

2. Select your installation site with safety, as well as performance, in mind. Power lines and phone lines look alike. For safety assume that any overhead like can kill you or your employees.

3. Call your power company, advise them that you are installing a tower and ask them to look at your site.

4. Before you begin, plan your installation of dismantling prodedure carefully. Successful installation or dismantling is largely a matter of coordination. Each person should be assigned to a specific task and should know what to do and when to do it. One person should be designated as the "boss" to call out instructions and watch for signs of trouble.

5. When installing or dismantling, do not use a metal ladder. Do not work on a wet or windy day of if a thunderstorm is approaching. Never climb a tower when a turbine is running. Always stop the turbine before approaching it. Dress properly - shoes with rubber soles and heels, rubber gloves, long sleeve shirt or jacket and a hard hat.

6. If the assembly starts to drop, get away from it and let it fall. Towers, guy wires and other metal objects are excellent conductors of electrical energy. Even the slightest touch of any part to a power line completes an electrical circuit through the installer.

7. If any part of the assembly should contact a power line - DO NOT TOUCH IT or try to remove it yourself. Call your local power company immediately.

8. If an electrical accident should occur - don’t grab hold of the person in contact with the power line or you too may be electrocuted. Use a dry non-conductive material such as a board, stick or rope to push or pull the victim away from the conductor.

9. Never throw tools or other objects from the tower. Use a canvas bucket and rope to raise and lower tools and other objects.

10. Always wear hard hats when working on or near a tower. Do not stand under or near the tower when someone is working on the tower or turbine. A tool or other object may fall and cause injury.

1. All quotations, proposals, prices or other terms are made for acceptance within 30 days. After 30 days, prices in effect at time of shipment will apply. Prices and delivery are subject to change without notice. Orders are subject to credit and marketing department approval prior to acceptance. US Tower retains the right to refuse to accept any order. The most current prices are displayed on the US Tower web site.

2. Every effort will be made to maintain shipping schedules. US Tower cannot be responsible for delays in shipping caused by circumstances not within its control. US Tower cannot be responsible for shipping delays caused by state or local agencies with regard to permits, routing, weather, detours, etc. All deliveries and schedules are contigent on availablity of raw materials, fuel and transportation. We will not be liable for damages on account of any delays or abnormalities caused in shipping due to causes beyond our reasonable control. US Tower reserves the right to make partial shipments and to submit invoices accordingly.

3. Changes or modifications to orders can be made only by written agreement executed by all parties affected thereby, which agreement shall include any price modification.

4. US Tower’s responsibility ceases upon delivery of all shipments to the carrier. The unloading of all shipments is the responsibility of the customer, not the carrier or US Tower. Buyer is warned against receipting for merchandise until careful inspection has beenmade. Any claim made against US Tower must be made within 30 days after receipt of merchandise. All merchandise leaving US Tower’s factory has been carefully inspected and US Tower does not assume responsibility for damages or shortages, which occur in transit. Buyer must make all claims and report all damages and losses to the delivering transportation company.

5. No federal, state or local taxes are included in quoted prices. All quotations, proposals, prices or other terms are subject to increase without notification by the amount of any sales, excise or other tax levied or charged to seller by any governmental agency and any such tax will be passed onto purchaser as a tax or as an addition to the selling price. This also applies to any costs incurred due to local statutes or governmental regulations.

6. All sales are final. Orders are not subject to cancellation by buyers except by written agreement with seller. Seller reserves the right to refuse to accept a cancellation at its sole discretion. Should US Tower decide to accept a cancellation, any order cancelled after any work has been done by US Tower, such as drawings, production etc. will have a cancellation charge to be determined solely at the discrtetion of US Tower for whatever work has been performed with a minimum of 20% of the purchase order price. If customer so chooses, he shall have the right to receive the material already performed at time of cancellation at the quoted price. If an order is cancelled before any work has been done by US Tower, a $500 cancellation charge will apply.

7. Material received may not be returned by buyer except ty written agreement with seller. In all cases, permission must be secured from US Tower prior the the returning of any goods for credit. US Tower reserves the right to refuse to accept returned goods. In the event that US Tower does accept a return, all returned goods are subject a minimum service charge of 20% plus all transportation charges, and are subject to inspection by US Tower. Ruturned goods will be offered and paid for only upon proof of purchase and credit will be issued against invoice value. US Tower reserves the sole right to determine the amount of credit to be issued on all goods returned for credit. Only standard currently manufactured US Tower products may be considered for riturn and credit.

8. US Tower warrants the commercial terms of its manufacture only, for 90 days from the date of delivery, to be reasonably fit for the purpuse for which they are manufactured and sold, provided, however, that this warranty shall be effective only if purchaser installs all material according to US Tower’s recommendations and specifications and that purchaser during the warranty period shall regularly inspect and properly maintain all items. US Tower does not warrant that any of its towers is suitable for use with any particular wind turbine. Because US Tower is not privey to turbine operating frequencies, we do not warrant that the natural frequency of our towers will be compatible with frequences produced by wind turbines. It is up to turbine dealers and/or turbine manufacturers who purchase US Tower products to perform the necessary testing to determine that the turbine and tower are compatible with regard to excitation frequencies. US Tower reserves the sole right to determine if any material is to be repaired or replaced free of charge or to be supplied at US Tower’s standard prices. Such obligation shall be limited to parts returned for inspection, properly packed and expenses prepaid and providing inspection shall satisfactorily indicate defects.

The warranty herein made is in lieu of all other warranties and, except as expressly stated herein, US Tower does not make and there are no warranties or obligations of any kind or nature whatsoever either expresssed or implied including, but ot restricted to, warranty or obligations as to product, material, workmanship, or manufacture or as to the use of the items covered hereby. US Tower shall not under any circumstances be liable to third persons for any claims or damages including direct, special, indirect or conseequential damages for any reason. The buyer agrees to idemnify and to hold US Tower harmless for, any loss, claims, damages, expenses and attorney fees, including but not limited to any fines, penalties and corrective measures. US Tower may sustain by reason of the Buyer’s failure to comply with said laws, rules and regulations in connection with the performance of this sale.  Any defects in labor or materials must be reported to U.S. Tower within 30 days from the date of delivery.  Failure to report said defects within said 30 days shall constitute acceptance of goods by the customer and shall absolve U.S. tower from any obligations to repair or replace defective goods or materials.

The above warranty applies only to items manufactured by US Tower. Items not manufactured by US Tower are warranted and guaranteed only to the extent and in the manner warranted and guranteed to US Tower by the manufacturer of such items and then only to the extent US Tower is liable to enforce such warranty or guarantee.

US Tower will assume no responsibility for the adequacy of any product if material is used which is not totaly supplied by US Tower.

The above sets forth the only warranty made by US Tower in connection with items manufactured or sold by it, and any provisions in any proposals, specifications, advertising or other provisions hereof, are merely descriptive and are not to be construed as warranties made by US Tower.

All warranties are void on drawings made by others whether by a professional engineer, sealed or not, that are not rechecked by US Tower and approved by US Tower. US Tower assums no liability for the adequacy of the drawings or the product.

9. US Tower reserves the right to change or modify the product and construction of any product manufactured by US Tower and to substitute material equal to or superior to that originally specified.

10. Buyer agrees not to disclose or make available to any third party processes, drawings, specifications, reports, photographs, data and other technical or proprietary information relating to US Tower products without obtaining prior written consent of US tower.

11 No proposal, order, quotation or acceptance may be changed or varied by verbal agreement and all orders are accepted only under the provisions set forth herein.

12 Purchase orders and requests for quotations must be submitted in writing to US Tower. It is the responsibility of the Buyer or Buyer Representative to provide US Tower design loading criteria (wind load, antenna load, turbine loads, geotechnical information, etc.) based on site-specific data in accordance with ANSI/EIA-222 (latest revision). This information must be verified by others prior to installation.

13. Any welding inspection required by customer or customer’s specifications must be done at US Tower’s plant prior to packing and shipment of material from US Tower’s plant.

14. US Tower reserves the right to apply all remittances and credit memos to the oldest outstanding balance in your account. No credits will be issued for any reason against a purchase order whose billing is more than 30 days old. Customer corrections or complaints must be made within this period of time.

15. Standard catalog proces do not include special drawings or product evaluations. If any are required, there will be a charge.

16. US Tower at all times reserves the right to take pictures of any or all of its proudcts after installation for advertising purposes, except those which are under classified governmental control.

17. The customer will be responsible for any extra charges incurred on prepaid shipments.

18. A service charge not to exceed 1 1/2% per month or maximum allowable per State law will be billed on all accounts not paid within 30 days of invoice date.

19. Minimum total net workth of merchandise, which can be ordered is $100.00. Any orders placed for less will be billed at $100.00.