TERMS AND CONDITIONS OF SALE — PARTS
PAYMENT TERMS
Terms of payment for parts are net 30 days.
FREIGHT POLICY
All parts orders will be shipped collect or prepaid with the charges added to the invoice. All shipments are F.O.B. point of origin. Multiquip’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.
MINIMUM ORDER
The minimum charge for orders from Multiquip is $15.00 net. Customers will be asked for instructions regarding handling of orders not meeting this requirement.
RETURNED GOODS POLICY
Return shipments will be accepted and credit will be allowed, subject to the following provisions:
1.A Returned Material Authorization must be approved by Multiquip prior to shipment.
2.To obtain a Return Material Authorization,
alist must be provided to Multiquip Parts Sales that defines item numbers, quantities, and descriptions of the items to be returned.
a.The parts numbers and descriptions must match the current parts price list.
b.The list must be typed or computer generated.
c.The list must state the reason(s) for the return.
d.The list must reference the sales order(s) or invoice (s) under which the items were originally purchased.
e.The list must include the name and phone number of the person requesting the RMA.
3.A copy of the Return Material Authorization must accompany the return shipment.
4.Freight is at the sender’s expense. All parts must be returned freight prepaid to Multiquip’s designated receiving point.
5.Parts must be in new and resalable condition, in the original Multiquip package (if any), and with Multiquip part numbers clearly marked.
6.The following items are not returnable:
a.Obsolete parts. (If an item is in the price book and shows as being replaced by another item, it is obsolete.)
b.Any parts with a limited shelf life (such as gaskets, seals, “O” rings, and other rubber parts) that were purchased more than six months prior to the return date.
c.Any line item with an extended dealer net price of less than $5.00.
d.Special order items.
e.Electrical components.
f.Paint, chemicals, and lubricants.
g.Decals and paper products.
h.Items purchased in kits.
7.The sender will be notified of any material received that is not acceptable.
8.Such material will be held for five working days from notification, pending instructions. If a reply is not received within five days, the material will be returned to the sender at his expense.
9.Credit on returned parts will be issued at dealer net price at time of the original purchase, less a 15% restocking charge.
10.In cases where an item is accepted, for which the original purchase document can not be determined, the price will be based on the list price that was effective twelve months prior to the RMA date.
11.Credit issued will be applied to future purchases only.
PRICING AND REBATES
Prices are subject to change without prior 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 declines and added charges for price increases will not be made for stock on hand at the time of any price change.
Multiquip 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.
SPECIAL EXPEDITING SERVICE
A $35.00 surcharge will be added to the invoice for special handling including bus shipments, insured parcel post or in cases where Multiquip must personally deliver the parts to the carrier.
LIMITATIONS OF SELLER’S LIABILITY
Multiquip 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 Multiquip be liable for loss of profit or good will or for any other special, consequential or incidental damages.
LIMITATION OF WARRANTIES
No warranties, express or implied, are made in connection with the sale of parts or trade accessories nor as to any engine not manufactured by Multiquip. Such warranties made in connection with the sale of new, complete units are made exclusively by a statement of warranty packaged with such units, and Multiquip neither assumes nor authorizes any person to assume for it any other obligation or liability whatever in connection with the sale of its products. Apart from such written statement of warranty, there are no warranties, express, implied or statutory, which extend beyond the description of the products on the face hereof.
Effective: February 22, 2006
PAGE 102 —