Effective: October 1, 2002
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 beacceptedandcredit 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 copy of the Return Material Authoriza- tionmustaccompanythereturnshipment.
4.Freight is at the sender’s expense. All partsmustbe returnedfreightprepaidto Multiquip’sdesignatedreceivingpoint.
5.Parts must be in new and resalable condition,intheoriginalMultiquippack- age (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 (If an item is in the price book and shows as being replaced by another item, it is obsolete.)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.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.The sender will be notified of any materialreceivedthatisnotacceptable.
8.Such material will be held for five workingdaysfromnotification,pending instructions. If a reply is not received within five days, the material will be returned to the sender at his expense.
9.Creditonreturnedpartswillbeissuedat 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 basedonthelistpricethatwaseffective 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.Pricechangesareeffectiveonaspe- cific date and all orders received on or after that date will be billed at the revised price. Rebatesforpricedeclinesandaddedcharges for priceincreases will notbe 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 here under for damagesinexcessofthepurchasepriceofthe itemwithrespecttowhichdamagesareclaimed, andinnoeventshallMultiquipbeliableforloss of profit or good will or for any other special, consequentialorincidentaldamages.
LIMITATIONOFWARRANTIES
Nowarranties,expressorimplied,aremadein connectionwiththesaleofpartsortradeacces- soriesnorastoanyenginenotmanufactured byMultiquip.Suchwarrantiesmadeinconnec- tion with the sale of new, complete units are made exclusively by a statement of warranty packaged with such units, and Multiquip nei- ther assumes not authorizes any person to 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.
PAGE 72 —