Effective: February 22, 2006 TERMS AND CONDITIONS OF SALE — PARTS
PAYMENT TERMS
Terms of payment for parts are net 30 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
The minimum charge for orders from Mul- tiquip is $15.00 net. Customers will be asked for instructions regarding handling of orders notmeetingthisrequirement.
RETURNEDGOODSPOLICY
Returnshipmentswillbeacceptedandcredit will be allowed, subject to the following provi- sions:
1.A Returned Material Authorization must be approved by Multiquip prior to ship- ment.
2.ToobtainaReturnMaterialAuthorization,
alistmustbeprovidedtoMultiquipParts Salesthatdefinesitemnumbers,quanti- ties, and descriptions of the items to be returned.
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)orinvoice(s)underwhichthe items were originally purchased.
e.The list must include the name and phonenumberofthepersonrequest- ing the RMA.
3.A copyof the Return Material Authoriza- tionmustaccompanythereturnshipment.
4.Freight is at the sender’s expense. All partsmustbereturnedfreightprepaidto Multiquip’sdesignatedreceivingpoint.
5.Parts must be in new and resalable con- dition,intheoriginalMultiquippackage(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 re- placedbyanotheritem,itisobsolete.)
b.Any parts with a limited shelf life (such as gaskets, seals, “O” rings, andotherrubberparts)thatwerepur- chasedmorethansixmonthspriorto thereturndate.
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.Suchmaterialwillbeheldforfiveworking days from notification, pending instruc- tions. 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,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. Price changes are effective on a spe- cificdateandallordersreceivedonorafterthat datewillbebilledattherevisedprice.Rebates forpricedeclinesandaddedchargesforprice increases will not be made for stock on hand at 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$35.00surchargewillbeaddedtotheinvoice forspecialhandlingincludingbusshipments, insuredparcelpostorincaseswhereMultiquip mustpersonallydeliverthepartstothecarrier.
LIMITATIONS OF SELLER’S LIABILITY
Multiquip shall not be liable hereunder for damagesinexcessofthepurchasepriceofthe 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 otherspecial,consequentialorincidentaldam- ages.
LIMITATIONOFWARRANTIES
No warranties, express or implied, are made in connection with the sale of parts or trade accessoriesnorastoanyenginenotmanufac- tured by Multiquip. Such warranties made in connectionwiththesaleofnew,completeunits are made exclusively by a statement of war- rantypackagedwithsuchunits,andMultiquip neitherassumesnorauthorizesanypersonto assume for it any other obligation or liability whatever in connection with the sale of its products.Apartfromsuchwrittenstatementof warranty, there are no warranties, express, impliedorstatutory,whichextendbeyondthe descriptionoftheproductsonthefacehereof.