GENERAL TERMS & CONDITIONS

PRICING – Quoted prices are firm for 30 days, unless otherwise acknowledged. All orders are subject to acceptance by Seller at factory. Orders placed after 30 days are subject to price review and acceptance by Seller. Prices on acknowledged orders are firm for the agreed upon delivery time. Orders specifying extended delivery, long range commitments, or “hold for release” will be negotiated separately.

TERMS – Net 30 days from date of invoice. Seller reserves the right to require full payment in cash before making shipment, subject to the judgment of the Seller as to the financial condition of the Buyer. Delinquent invoices will be subject to a late charge of 1-1/2% per month.

MINIMUM ORDERS – $300.00 net on all orders.

FREIGHT – F.O.B. Factory with freight prepaid and allowed on individual orders, or single releases to a single destination within the continental U.S.A., excluding Alaska, Hawaii, and the Florida Keys, of freight allowed net value as stated on the quote or over. Shipments are to be to the nearest common carrier delivery point. Method of transportation and routing will be at the Sellers discretion with the Buyer to pay any additional expenses resulting from other requests. For orders and releases of less than freight allowed net value and all Modular Enclosures, transportation charges will be prepaid and added to the invoice.

The title to all material sold and the responsibility for delivery of material passes to the Buyer upon receipt by the Seller of a signed bill of lading. All claims upon the carrier are the responsibility of the Buyer.

TAXES – All prices quoted are exclusive of any federal, state, or municipal sales, excise, or other taxes which the Seller may be required to collect by law.

CANCELLATIONS – All orders accepted are considered to be firm commitments on the part of the Buyer. Cancellation of an order or individual item of non-stocked material will be allowed only when the Buyer pays cancellation charges based on all reasonable charges incurred by the Seller at the time of request for cancellation.

RETURNED GOODS – Return of material authorization must be obtained in writing from Seller. Only material regularly stocked and in saleable condition will be accepted for credit. Out-bound freight, return freight, and a 20% minimum restocking charge will be deducted from the credit.

LOSS, DAMAGE OR DELAY – Shipping dates are approximate and Seller will take all reasonable action to maintain those dates. Seller shall not be liable for failure to perform or for delay in performance, if such failure or delay is directly or indirectly caused by, or in any manner arises from fire, flood, strike or other labor difficulty, act of any Government authority or the Buyer, war, riot, embargo or car shortage, wrecks or delay in transportation, inability to obtain from usual sources necessary labor, fuel, power, materials or supplies, manufacturing facilities or components manufactured by others, or due to any cause beyond its control.

In the event of delay in performance from any such cause, the date of delivery or time of completion will be postponed by such length of time as may be reasonably necessary to compensate for the delay.

WARRANTY – LIMITED ONE YEAR WARRANTY

Seller warrants that all products sold by it will be free of defects in material and workmanship under normal use and service for a period of one (1) year after the date of shipment by Seller. In addition, Seller warrants the fiberglass laminate against degradation of strength under normal use and service for a period of twenty five (25) years after the date of shipment by Seller. Seller’s obligation under this warranty is limited to repair or replacing, at its option, any goods, which upon inspection by Seller shall disclose to Seller’s satisfaction to have been defective in material or workmanship, excluding, however, expenses associated with removal or reinstallation of the products, such as transportation, labor, and the like.

EXCEPT AS EXPRESSLY STATED HEREIN, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR AS TO FITNESS OF THE GOODS FOR A PARTICULAR USE OR PURPOSE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH GOODS OR FOR CONSEQUENTIAL DAMAGES.

LIMITS TO LIABILITY – Seller shall not be liable for and Buyer assumes responsibility for incidental damages or for special or consequential damages, such as, but not limited to, damage resulting from the handling, possession or use of the goods by Buyer, damage to or loss of other equipment, loss of profits or revenue, cost of substituted products, or any labor expended by Buyer on any defective goods. The liability of Seller arising out of the supplying of any goods, or their use, whether on warranties or claim of negligence or otherwise, shall not in any case exceed the price paid by Buyer for such product