9
Appendix
B
‐
TERMS
AND
CONDITIONS
OF
ACKNOWLEDGMENT
OF
ORDER
1.
EXCLUSIVE
REMEDY
.
Seller
will
replace
or,
at
its
option,
repair
any
products
or
parts
thereof
which
are
found
defective
by
Seller
in
material
or
workmanship
within
one
year
from
date
of
shipment,
provided
the
product
has
been
properly
installed,
maintained
and
operated.
Seller's
obligation
with
respect
to
such
products
will
be
exclusively
limited
to
repair
or
replacement
F.O.B.
Deerfield
Beach,
Florida,
U.S.A.,
and
in
no
event
shall
Seller
be
liable
for
consequential
or
special
damages,
or
for
transportation,
installation,
adjustment,
or
other
expenses
which
may
arise
in
connection
with
such
products.
NO
EXPRESS
WARRANTIES
AND
NO
IMPLIED
WARRANTIES
WHETHER
OF
MERCHANTABILITY
OF
FITNESS
FOR
ANY
PARTICULAR
USE,
OR
OTHERWISE
(EXCEPT
AS
TO
TITLE),
SHALL
APPLY
TO
PRODUCTS
SOLD
BY
US,
AND
NO
WAIVER,
ALTERATION,
OR
MODIFICATION
OF
THE
FOREGOING
CONDITIONS
SHALL
BE
VALID
UNLESS
MADE
IN
WRITING
AND
SIGNED
BY
AN
OFFICER
OF
SELLER.
2.
METHOD
OF
SHIPMENT
.
This
apparatus
will
be
shipped
“knocked
down”
to
the
extent
we
consider
necessary
for
proper
shipment
with
small
parts.
3.
SHIPMENT
.
All
goods
are
shipped
F.O.B.
shipping
point
which
shall
be
Deerfield
Beach,
FL
unless
otherwise
specified.
Risk
of
loss
of
damage
to
goods
in
transit
shall
fall
upon
Buyer.
4.
TERMS
.
Subject
to
any
prior
written
agreement
to
the
contrary,
and
to
approval
of
credit,
payment
for
products
shall
be
made
Net
30
days
from
date
of
invoice.
If
in
Seller’s
opinion
the
financial
condition
of
Buyer
does
not
justify
continuance
of
production
or
shipment
on
the
terms
of
payment
specified,
Seller
may,
at
its
option,
require
full
or
partial
payment
in
advance.
Seller
reserves
the
right
to
issue
an
invoice
if
shipment
is
delayed
due
to
Buyer’s
responsibility,
request
or
if
partial
shipment
occurs.
Goods
held
for
Buyer
shall
be
at
the
risk
and
expense
of
Buyer.
All
bank
and
collection
charges
are
for
Buyer’s
account.
5.
TAXES
.
In
addition
to
the
purchase
price,
Buyer
shall
pay
or
upon
receipt
of
invoice
from
Seller
shall
reimburse
Seller
for
all
sales,
use,
occupation,
gross
income,
excise,
documentary
stamp,
and
other
taxes,
assessed
or
imposed
by
Purchaser,
or
on
the
machine
as
required
to
be
collected
by
Seller,
by
reason
of
or
on
account
of
the
delivery,
purchase,
or
sale
of
any
article
here
under
or
the
execution
of
this
contract.
6.
PATENT
INDEMNITY
.
Buyer
shall
indemnify
and
hold
Seller
harmless
against
any
loss,
liability
or
expense,
including
reasonable
attorney’s
fees,
resulting
from
infringement
or
patents
or
trademarks
arising
from
compliance
with
Buyer’s
design,
specifications
or
instructions.
Upon
notification
by
Seller,
Buyer
shall
at
its
sole
expense
undertake
the
complete
defense
of
all
lawsuits
or
other
proceedings
brought
under
this
paragraph.
Buyer
agrees
that
it
will
not
reproduce
any
of
the
aforementioned
equipment
in
whole
or
part
for
the
purpose
of
use
or
resale
or
for
any
other
purposes
without
the
Seller’s
written
consent.
7.
DELAYS
.
Shipping
dates
are
approximate
and
are
based
upon
prompt
receipt
of
all
necessary
instructions
and
information
which
will
enable
Seller
to
immediately
start
shop
construction.
Seller
shall
not
be
liable
for
delay
in
delivery
due
to
causes
beyond
its
reasonable
controls
such
as
acts
of
God,
acts
of
Buyer,
acts
of
civil
or
military
authority,
priority,
fires,
strikes,
floods,
epidemics,
quarantine
restrictions,
war,
riot
and
delays
in
transportation.
In
the
event
of
delay
due
to
such
causes,
the
date
of
delivery
shall
be
extended
for
a
period
equal
to
the
time
lost
by
reason
of
delay.
If
by
reason
of
any
of
the
foregoing
events
or
conditions
shipment
is
delayed
more
than
one
year
beyond
the
period
specified
herein,
either
party
may
terminate
this
contract
by
written
notice
to
the
other,
and
in
that
event
Seller
shall
return
to
Buyer
all
payment
previously
made
hereunder
without
interest.
8.
STANDARD
PRICES
.
Prices
shown
are
standard
to
Industry
and
U.S.
government
for
a
like
quantity
and
model.
9.
CLAIMS
.
All
claims
must
be
made
in
writing
within
30
days
of
receipt
of
goods;
otherwise
such
claims
shall
be
deemed
waived
and
released
by
Buyer.
10.
DEFAULT.
In
the
event
of
a
default
by
Buyer,
Seller
may,
in
addition
to
all
other
remedies
it
may
have
as
a
result
of
such
default,
elect
to
retain
any
and
all
payments
made
by
Buyer
hereunder
as
liquidated
damages.
