Effective: July 1, 2000
TERMS AND CONDITIONS OF SALE — PARTS
PAYMENT TERMS
Terms of payment for parts are net 10 days.
FREIGHTPOLICY
All parts orders will be shipped collect or prepaidwiththechargesaddedtotheinvoice. All shipments are F.O.B. point of origin. Multiquip’sresponsibilityceaseswhenasigned manifest has been obtained from the carrier, andanyclaimforshortageordamagemustbe settledbetweentheconsigneeandthecarrier.
MINIMUMORDER
TheminimumchargeforordersfromMultiquip is $15.00 net. Customers will be asked for instructions regarding handling of orders not meetingthisrequirement.
RETURNEDGOODSPOLICY
Return shipments will be accepted and credit will be allowed, subject to the following provisions:
1.A Returned Material Authorization must beapprovedbyMultiquippriortoshipment.
2.ToobtainaReturnMaterialAuthorization,
alist must be provided to Multiquip Parts Sales that defines item numbers, quantities,anddescriptionsoftheitemsto bereturned.
a.Thepartsnumbersanddescriptions 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 thereturn.
d.The list must reference the sales order(s) or invoice(s) under which theitemswereoriginallypurchased.
e.The list must include the name and phonenumberoftheperson requestingtheRMA.
3.A copy of the Return Material Authorizationmustaccompanythereturn 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,intheoriginalMultiquippackage (ifany),andwithMuiltiquippartnumbers clearly marked.
6.The following items are not returnable:
a.Obsolete parts. (If an item is listed in the parts price book as being replaced by another item, it is obsolete.)
b.Any parts with a limited shelf life (such as gaskets, seals, “O” rings, andother rubber parts)thatwere purchased more than six months prior to the return date.
c.Anylineitemwithanextendeddealer net price of less than $5.00.
d.Special order items.
e.Electrical components.
f.Paint, chemicals, and lubricants.
g.Decalsandpaperproducts.
h.Items purchased in kits.
7.Thesenderwillbenotifiedofanymaterial received that is not acceptable.
8.Such material will be held for 5 working days from notification, pending instructions. If a reply is not received within5days,thematerialwillbereturned to the sender at his expense.
9.Credit on returned parts will be issued at dealer net price at time of the original purchase,lessa15%restockingcharge.
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 purchasesonly.
PRICINGANDREBATES
Prices are subject to change without prior notice.Pricechangesareeffectiveonaspecific dateandallordersreceivedonorafterthatdate will be billed at the revised price. Rebates for price declines and added charges for price increaseswillnotbemadeforstockonhandat the time of any price change.
Multiquip reserves the right to quote and sell directtoGovernmentagencies,andtoOriginal Equipment Manufacturer accounts who use our products as integral parts of their own products.
SPECIAL EXPEDITING SERVICE
A$20.00to$50.00surchargewillbeaddedto 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 here under for damagesinexcessofthepurchasepriceofthe itemwithrespecttowhichdamagesareclaimed, andinnoeventshallMultiquipbeliableforloss of profit or good will or for any other special, consequentialorincidentaldamages.
LIMITATIONOFWARRANTIES
Nowarranties,expressorimplied,aremadein 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 not authorizes any person to assume for it any other obligation or liability whatever in connectionwiththesaleofitsproducts.Apart fromsuchwrittenstatementofwarranty,there arenowarranties,express,impliedorstatutory, which extend beyond the description of the productsonthefacehereof.
PAGE 50 —