Certain steel poles manufactured by Hapco Pole Products may be sold and/or installed by Venture with regard to Venture projects. Upon the sale of such poles by Hapco to Venture, Hapco extended to Venture those warranties attached to this letter as Exhibit A. Upon completion of the project, Venture will use commercially reasonable efforts to pass-through the Hapco warranties to the customer to the extent Venture has the right to do so. In the event the Hapco warranties are not assignable, Venture shall enforce, as necessary, such warranties on customer’s behalf, provided that such customer brings such claims to Venture in a fashion that would permit Venture to comply with the requirements and limitations regarding claims brought under the Hapco warranties provided to Venture.
Returns of non-defective pole product may be made only with the prior written consent of Venture and Hapco. Only unused material as currently manufactured, which has been invoiced to Venture, within ninety (90) days, will be considered for return. Material accepted for credit is subject to a minimum service charge of twenty-five percent (25%) plus all transportation charges. Material built to order is not subject to return for credit under any circumstances. Goods must be securely packaged to reach Venture and/or Hapco without damage. All claims for shortages must be made in writing within 30 days of receipt of shipment.