Stow SDP-3, SDP-2 manual Terms and Conditions of Sale

Effective: July 15, 2003

TERMS AND CONDITIONS OF SALE — PARTS

Terms and Conditions of Sale

STOW Construction Equipment

PAYMENT TERMS

Terms of payment for unit sales are 2% 15 days net 30 days from date of invoice unless otherwise specifically stated on our invoice. Parts invoices have terms of net 10 days. Minimum parts billing is $15.00 net.

Applicable discounts will be computed on merchandise value only. Late charges will be assessed at prevailing rates. Cash discounts cannot be taken on current billings if any previously billed amounts are past due.

FREIGHT POLICY

Freight policy is established to offer customers every advantage possible. Due to bulk freight ratings on some equipment and other shipping considerations, freight policies differ by equipment type. Actual back freight may be charged for shipments originating from other than specified FOB warehouses. See Freight Policy for details.

All STOW domestic sales are FOB nearest available designated MQ/STOW warehouse. Export orders are ex-works factory located in Carson, CA or Boise, ID.

Additions to orders already shipped cannot be accepted for freight minimums.

Should STOW elect to make partial shipments of an order originally complying with the “freight allowed” requirements, transportation charges will be absorbed by STOW on any subsequent shipment applying to that order.

All other orders will be shipped collect or prepaid with charges added to the invoice. STOW’s responsibility ceases when a signed manifest has been obtained from the carrier, and any claim for shortage or damage must be settled between the consignee and the carrier.

Parts: FOB Carson, California or Boise, Idaho. See Freight Policy for details and additional discounts.

DROP SHIPMENTS

STOW reserves the right to refuse Drop Shipments outside the normal service area of the purchasing dealer.

FIELD WAREHOUSES

Field Warehouses are currently located in California, Georgia, Idaho, Iowa, and New Jersey

SPECIAL EXPEDITING SERVICE

The higher of a $35.00 surcharge or actual costs will be added to the invoice for special handling, including bus shipments, or in cases where STOW personnel must personally deliver the equipment or parts to the carrier.

RETURNED GOODS POLICY

Return shipments may be accepted and credit allowed, subject to the following provisions.

1.A Returned Material Authorization (RMA) must be approved by STOW prior to shipment. Approvals for returned goods must be with just cause and are at the sole discretion of STOW. A copy of the Authorization must accompany the shipment to the designated Warehouse.

2.Parts being returned must be listed as currently supplied on the current parts list.

3.Parts must be in new and resalable condition in the original package, with part numbers clearly marked.

4.Units and accessories must be current models in the latest price list and in new and resalable condition.

5.Special order items are not returnable for credit.

6.Credit on returned parts and units will be issued at actual dealer net price at time of purchase less 15% restocking charge.

7.All returned shipments are to be made to the STOW designated receiving point, freight prepaid at the sender’s expense.

The sender will be notified of any material received that does not meet the above provisions. Such material will be held for 30 days from notification pending instructions. If a reply is not received within 30 days, the material will be returned to the sender at his expense with no credit issued.

PRICING, REBATES AND

SPECIFICATIONS

Every effort will be made to provide adequate notice of changes; however, prices and equipment specifications are subject to change without notice.

Price changes are effective on a specific date and all orders received on or after that date will be billed at the revised price.

Rebates for price reductions and added charges for price increases will not be made for stock in dealer inventory at the time of a price change.

STOW reserves the right to quote and sell direct to Government agencies and to Original Equipment Manufacturer accounts who use our products as integral parts of their own products.

LIMITATION OF SELLER’S LIABILITY

STOW shall not be liable hereunder for damages in excess of the purchase price of the item with respect to which damages are claimed and in no event shall STOW be liable for loss of profit or good will or for any other special, consequential or incidental damages.

LIMITATION OF WARRANTIES

There are no warranties, express or implied, made by STOW. hereunder on Products manufactured or distributed by it except the warranty against defects in material and workmanship on new Products to the original purchaser, as set forth in the STOW New Product Limited Warranty.